Biomaterial Database

The expert witness in forensic psychiatry. 1992

D G Chaplow, and J L Peters, and R R Kydd

Regional Forensic Services, Carrington Hospital, Auckland, New Zealand.

Forensic psychiatry operates at the interface of the Justice and Health systems and has been defined as: "That branch of psychiatry which requires special knowledge and training in the law as it relates to the mental state of the offender, or alleged offender" [1]. As a consequence of working in this area, psychiatrists are often called into court to give evidence as "expert witnesses". This article examines some of the professional and legal issues involved in providing expert testimony. Secondly, it aims to outline some practical guidelines for giving evidence in the court-room. The predominant focus is on criminal, rather than civil, proceedings in which the forensic psychiatrist gives expert testimony; however much of the information is also relevant to other psychiatrists and psychologists undertaking this role in the legal arena.

UI	MeSH Term	Description	Entries
D007298	Insanity Defense	A legal concept that an accused is not criminally responsible if, at the time of committing the act, the person was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act done or if the act was known, to not have known that what was done was wrong. (From Black's Law Dictionary, 6th ed)	Criminal Insanity,M'Naghten Rule,McNaughton Rule,Defense, Insanity,Insanity, Criminal,Rule, M'Naghten,Rule, McNaughton
D009520	New Zealand	A group of islands in the southwest Pacific. Its capital is Wellington. It was discovered by the Dutch explorer Abel Tasman in 1642 and circumnavigated by Cook in 1769. Colonized in 1840 by the New Zealand Company, it became a British crown colony in 1840 until 1907 when colonial status was terminated. New Zealand is a partly anglicized form of the original Dutch name Nieuw Zeeland, new sea land, possibly with reference to the Dutch province of Zeeland. (From Webster's New Geographical Dictionary, 1988, p842 & Room, Brewer's Dictionary of Names, 1992, p378)
D010819	Physician's Role	The expected function of a member of the medical profession.	Physicians' Role,Physician Role,Physician's Roles,Physicians Role,Physicians' Roles,Role, Physician's,Role, Physicians',Roles, Physician's,Roles, Physicians'
D003134	Commitment of Mentally Ill	Legal process required for the institutionalization of a patient with severe mental problems.	Outpatient Commitment,Commitment, Outpatient,Mentally Ill Commitments
D005104	Expert Testimony	Presentation of pertinent data by one with special skill or knowledge representing mastery of a particular subject.	Expert Opinion,Expert Witness,Expert Opinions,Expert Testimonies,Expert Witnesses,Opinion, Expert,Testimony, Expert,Witness, Expert,Witnesses, Expert
D005555	Forensic Psychiatry	Psychiatry in its legal aspects. This includes criminology, penology, commitment of mentally ill, the psychiatrist's role in compensation cases, the problems of releasing information to the court, and of expert testimony.	Jurisprudence, Psychiatric,Psychiatric Jurisprudence,Psychiatry, Forensic
D006801	Humans	Members of the species Homo sapiens.	Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D001523	Mental Disorders	Psychiatric illness or diseases manifested by breakdowns in the adaptational process expressed primarily as abnormalities of thought, feeling, and behavior producing either distress or impairment of function.	Mental Illness,Psychiatric Diseases,Psychiatric Disorders,Psychiatric Illness,Behavior Disorders,Diagnosis, Psychiatric,Mental Disorders, Severe,Psychiatric Diagnosis,Illness, Mental,Mental Disorder,Mental Disorder, Severe,Mental Illnesses,Psychiatric Disease,Psychiatric Disorder,Psychiatric Illnesses,Severe Mental Disorder,Severe Mental Disorders
D014342	Truth Disclosure	Truthful revelation of information, specifically when the information disclosed is likely to be psychologically painful ("bad news") to the recipient (e.g., revelation to a patient or a patient's family of the patient's DIAGNOSIS or PROGNOSIS) or embarrassing to the teller (e.g., revelation of medical errors).	Disclosure, Truth,Disclosure, Error,Disclosures, Error,Disclosures, Truth,Error Disclosure,Error Disclosures,Truth Disclosures