Criminal Court Consultation

330 Pages·1989·5.74 MB·English

by  Richard T. Andrias (auth.)

CRIMINAL COURT
CONSULTATION
CRITICAL ISSUES IN
AMERICAN PSYCHIATRY AND THE LAW
was edited for
THE AMERICAN ACADEMY OF PSYCHIATRY AND THE LAW
(TRI-STATE CHAPTER)
Officers
Stephen Rachlin, M.D. President Michael H. Bell, M.D. Councillor
Henry C. Weinstein, M.D. Past President Stephen B. Billick, M.D. Councillor
Stanley Kern, M.D. Vice-President Ezra Griffith, M.D. Councillor
Harold I. Schwartz, M.D. Secretary Howard Owens, M.D. Councillor
Robert L. Goldstein, M.D. Treasurer Sheldon Travin, M.D. Councillor
Richard Rosner, M.D. Founding President Howard V. Zonana, M.D. Councillor
Volume 1 Edited by Richard Rosner, M.D.
Volume 2 Edited by Richard Rosner, M.D.
Volume 3 GERIATRIC PSYCHIATRY AND THE LAW
Edited by Richard Rosner, M.D., and Harold I. Schwartz, M.D.
Volume 4 JUVENILE PSYCHIATRY AND THE LAW
Edited by Richard Rosner, M.D., and Harold I. Schwartz, M.D.
Volume 5 CRIMINAL COURT CONSULTATION
Edited by Richard Rosner, M.D., and Ronnie B. Harmon, M.A.
Volume 6 CORRECTIONAL PSYCHIATRY
Edited by Richard Rosner, M.D., and Ronnie B. Harmon, M.A.
A Continuation Order Plan is available for this series. A continuation order will bring delivey of
each new volume immediately upon publication. Volumes are billed only upon actual shipment.
For further information please contact the publisher.
CRIMINAL COURT
CONSULT ATION
Edited by
RICHARD ROSNER, M.D.
Clinical Projessor, Department of Psychiatry,
New York University School oj Medicine
Diplomate, American Board oj Forensic Psychiatry
and Medical Director, Forensic Psychiatry Clinic jor the New York Criminal
and Supreme Courts (First Judicial Department)
Department of Mental Health, Mental Retardation,
and Alcoholism Services of the City of New York
New York, New York
and
RONNIE B. HARMON, M.A.
Administrative Director, Forensic Psychiatry Clinic jor the
New York Criminal and Supreme Courts (First Judicial Department)
Department of Mental Health, Mental Retardation,
and Alcoholism Services of the City of New York
New York, New York
PLENUM PRESS • NEW YORK AND LONDON
Library of Congress Catalog Card Number 88-657025
ISBN-13:978-1-4612-8058-3 e-ISBN-13: 978-1-4613-0739-6
DOl: 10.1007/978-1-4613-0739-6
© 1989 Plenum Press, New York
Sof tcover reprint of the hardcover 1st edition 1989
A Division of Plenum Publishing Corporation
233 Spring Street, New York, N.Y. 10013
All rights reserved
No part of this book may be reproduced, stored in a retrieval system, or transmitted
in any form or by any means, electronic, mechanical, photocopying, microfilming,
recording, or otherwise, without written permission from the Publisher
To our spouses,
M. Bernice Rosner, M.S.N.
and
Michael A. Cherni
Contributors
Richard T. Andrias • Supreme Court of the State of New York, New
York, New York; New York County Criminal Court, New York,
New York
Niels C. Beck • Department of Psychiatry, School of Medicine, Univer
sity of Missouri-Columbia, Columbia, Missouri
J. M. W. Bradford • Department of Psychiatry, Faculty of Health Sci
ences, University of Ottawa, Ottawa, Ontario, Canada; Forensic Psy
chiatry and the Sexual Behaviors Clinic, Royal Ottawa Hospital,
Ottawa, Ontario, Canada
J. Richard Ciccone • Department of Psychiatry, University of Roches
ter School of Medicine and Dentistry, Rochester, New York
M. P. Duncan III • Texas Court of Criminal Appeals, Austin, Texas
Alan R. Felthous • Department of Psychiatry and Behavioral Sciences,
University of Texas Medical Branch-Galveston, Galveston, Texas
Naomi Goldstein • Department of Psychiatry, New York University
School of Medicine, New York, New York
vii
viii CONTRIBUTORS
Robert lloyd Goldstein • Department of Psychiatry, College of Physi
cians and Surgeons, Columbia University, New York, New York
Abraham L. Halpern • Department of Psychiatry, New York Medical
College, Valhalla, New York; Department of Psychiatry, United
Hospital Medical Center, Port Chester, New York
Ronnie B. Harmon • Forensic Psychiatry Clinic for the Criminal and
Supreme Courts, New York City Department of Mental Health,
Mental Retardation and Alcoholism Services, New York, New York
Bruce Harry • Department of Psychiatry, School of Medicine, Univer
sity of Missouri-Columbia, Columbia, Missouri
Ingo Keilitz • Institute on Mental Disability and the Law, National Cen
ter for State Courts, Williamsburg, Virginia
Howard Owens • Forensic Psychiatry Clinic for the Criminal and Su
preme Courts, New York, New York; Department of Psychiatry,
New York University School of Medicine, New York, New York
Michael L. Perlin • Director, Federal Litigation Clinic, New York Law
School, New York, New York
Irwin N. Perr • Department of Psychiatry, Robert Wood Johnson Med
ical School, University of Medicine and Dentistry of New Jersey,
Piscataway, New Jersey; Rutgers Law School-Newark, Newark,
New Jersey
Robert L. Sadoff • Department of Psychiatry; Center for Studies in
Social-Legal Psychiatry, University of Pennsylvania, Jenkintown,
Pennsylvania
Richard Schuster • Comprehensive Rehabilitation Consultants, 310
Madison Avenue, New York, New York; Department of Psychol
ogy, Derner Institute, Adelphi University, New York, New York
CONTRIBUTORS ix
Sheldon Travin • Department of Psychiatry, Bronx-Lebanon Hospital
Center, Bronx, New York; Albert Einstein College of Medicine,
Bronx, New York
Alan J. Tuckman • Department of Psychiatry, New York University
School of Medicine, and private practice, Pomona, New York
Foreword
During the 1980s, those of us who were involved in forensic psychiatry
have seen an increase in the interest in our subspecialty. This increased
interest has been from psychiatrists, lawyers, judges, and correctional
officials as well. As a part of this demand for our services, there has also
been an increase in the demand for detailed quality in our reports and
testimony. Whether this is the result of the educational efforts of the
American Academy of Psychiatry and the Law, the establishment of the
American Board of Forensic Psychiatry, the stimulation of thought by
the publication of this series, Critical Issues in American Psychiatry and the
Law, or Supreme Court decisions such as Ake v Oklahoma is anybody's
guess. My experience as an observer of the development of the patient's
rights movement was that there was a coalescence of numerous forces,
such as the new human rights movement, the active mental health bar,
and the development of neuroleptics. I therefore suspect that there are a
multitude of factors contributing to the new interest in forensic psychia
try and the elevation of the standards of forensic experts. Regardless of
the causes, those who are practicing forensic psychiatry today are ex
pected to conduct more thorough evaluations and to report findings
more completely. No longer will simple conclusory statements be accept
able. The forensic psychiatrist is expected to present data in a clear,
understandable, detailed, reliable, and competent fashion whether testi
fying or in a report.
At present, the criminal justice system is attempting to evaluate its
functioning in order to streamline its operations and coordinate its
efforts. Ingo Keilitz, who is director of the Institute on Mental Disability
and the Law of the National Center for State Courts, has made a good
start in the mental health area. His chapter, "Mental Health Services to
xi
Xll FOREWORD
the Courts: A System Isolated from Judicial Administration," represents
a new and somewhat unique view of the system, although I might be
prejudiced because of the excellent history of the development of the
Medical Office of the Circuit Court for Baltimore City (previously the
Supreme Bench of Baltimore). I do, however, have some concerns about
Keilitz's recommendations for integration olthe courts' mental health
services with the judicial system. My concerns are related to the ques
tions raised by Howard Owens in his chapter, 'Judges and Psychiatrists:
The Question of a Collaborative Relationship." The integration of these
systems could lead to issues of control and interference. Freedom is
necessary for good clinical judgments by psychiatrists. It is difficult
enough to avoid becoming burned-out by repeated exposure to serious
criminal behavior and to lose that therapeutic edge that is such a neces
sary and expected part of the clinician. To add to this task the possibility
of pressure and coercion from the judicial system, which has its own
political, social, and professional needs, could be too much. A vital bal
ance, encouraged by independence and freedom, is essential for a well
functioning court clinic. Keilitz's chapter is not an outline for reform but
only a first look at these two systems, which work independently in the
same place-the courthouse. When you read these two chapters by
Owens and Keilitz, see what you think.
Some of us may not appreciate the impact that psychiatric disorders
have on the case flow of the criminal justice system. When we stop to
consider the number of pretrial forensic cases in our public mental
hospitals, it should come as no surprise that the criminal justice system
has to stop and wait for a large number of defendants to return from the
hospital. Judge Richard T. Andrias's discussion not only looks at these
issues but also presents a concise legal review of the pretrial issues.
On the same pretrial subject of competency, an always competent
and cogent J. Richard Ciccone presents the history and clinical deter
mination of and the legal issues surrounding competence to stand trial.
In a later chapter, another aspect of this issue is examined by Naomi
Goldstein in her comprehensive and detailed discussion, "Malingering
and the Evaluation of Competency to Stand TriaL"
The intriguing case of Colorado v Connelly raises issues that should be
of concern to the forensic evaluator. Michael L. Perlin deals with these in
his usual sharp and perceptive fashion.
Robert L. Sadoff defends the insanity defense with his usual vigor,
whereas Abraham L. Halpern attacks it in the same fashion. Wherever
you stand on this issue, these two chapters present just about all of the
arguments.
Many forensic psychiatrists are unaware of some of the special pleas
that may be available in a single state. It is interesting that although