| From impartial expert to adversary in the wake of Ake. | |
| | |
MedLine Citation:
|
PMID: 3365476 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
|
In deciding Ake v. Oklahoma, the Supreme Court held that, when defendants demonstrate that their sanity is likely to be a significant factor at trial, the State must assure them access to a competent psychiatrist who will not only examine them but also render other assistance to the defense. There have been 28 known subsequent decisions in which appellate courts have ruled on the validity of Ake-based claims; in only four did the defendant prevail. The case nonetheless raises issues relative to the proper role of the psychiatric expert. The Supreme Court's decisions, although not introducing a new ethical topic, appear to be favoring a more adversarial posture, at least within certain parameters. I suggest that impartiality, independence, and advocacy need not be mutually exclusive concepts and that some of our traditional beliefs about what part we should play in criminal law may have to be modified and expanded. |
| | |
Authors:
|
S Rachlin |
Related Documents
:
|
10111506 - Courts continue to plod through wanglie and busalacchi cases. 12278416 - Abortion and medicaid: courts reject limits on funding medically necessary procedures. 12528846 - The tenuous nature of the medicaid entitlement. 12346786 - Shobha rani v. madhukar reddi, 12 november 1987. 4573826 - Caloric catastrophe. 8932016 - Meeting tragedy: interviews about situations of ethical difficulty in intensive care. |
Publication Detail:
|
Type: Journal Article |
Journal Detail:
|
Title: The Bulletin of the American Academy of Psychiatry and the Law Volume: 16 ISSN: 0091-634X ISO Abbreviation: Bull Am Acad Psychiatry Law Publication Date: 1988 |
Date Detail:
|
Created Date: 1988-06-13 Completed Date: 1988-06-13 Revised Date: 2004-11-17 |
Medline Journal Info:
|
Nlm Unique ID: 7503424 Medline TA: Bull Am Acad Psychiatry Law Country: UNITED STATES |
Other Details:
|
Languages: eng Pagination: 25-33 Citation Subset: IM |
Affiliation:
|
Department of Psychiatry and Psychology, Nassau County Medical Center, East Meadow, NY 11554. |
Export Citation:
|
APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
|
Expert Testimony
/
legislation & jurisprudence* Forensic Psychiatry / legislation & jurisprudence* Humans Insanity Defense Patient Advocacy / legislation & jurisprudence* United States |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
Previous Document: Disposition of insanity acquittees in Illinois.
Next Document: Insanity plea: predicting not guilty by reason of insanity adjudications.