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Was it murder or insanity? Reactions to a successful paroxysmal insanity plea in 1865.

This 1865 Harris/Burroughs trial marked the first time that the paroxysmal [temporary] insanity plea was supported by expert medical testimony in a U.S. courtroom. Jurors agreed that the female defendant was insane at the time of the shooting due to being "crossed in love and suffering from painful dysmenorrhea." Attitudinal stances of the legal system, health professionals, newspapers and the public are illustrated. By merely changing the antebellum language, the reactions could be recycled into our current tabloid newspapers and titillating TV programs as if the tragedy occurred yesterday.

Adolescent↗

The judiciary: surprising supporters of malpractice reform.

Are the judges surprising supporters of malpractice reform? What is the overall message of the ACOG survey of judges, and how can organized medicine use that message? On balance, the ACOG survey of judges shows that they agree with physicians who argue that the present system needs to be changed. The overall message is that the present tort system does not work very well in the area of expert witness testimony, the system of jury decision-making, or the awarding of damages. Since it does not work very well, the medical community must continue to advocate changes to the system, ones that are fair to society as a whole. The judges' opinions on what reforms would better serve society can be persuasive data to present to state and federal legislators. So it's not just lawyers vs. doctors anymore. After all, the judges are lawyers, too. And these lawyers seem to be on the doctors' side.

Expert Testimony↗

Folie à deux in forensic setting.

OBJECTIVE: This paper is written with the aim of presenting a series of cases of folie à deux, an unusual disorder, occurring in a forensic setting where all the victims suffered a fatal or near-fatal outcome. Similarities in the psychopathology in these cases are drawn and comments are made about their outcome in court. The paper is also written to draw attention to the potential risks involved in this type of case and to accent patterns in psychopathology and in legal outcomes. CLINICAL PICTURE: Five folie à deux cases are described. All are well known to one of the authors (NK), who has treated them at some stage of their illness, provided medicolegal reports for the trial of cases 3, 4 and 5, and provided expert witness testimony in the trial of case 3. All case notes and other relevant documents were studied in detail and a brief summary is provided for each case. OUTCOME: The cases appear to conform with the description of folie à deux given in the literature and consist of husband and wife (three cases), mother and daughter (one case) and twin brothers (one case). None of these cases had had any past psychiatric or criminal history, yet all the victims suffered a fatal or near fatal outcome. Additionally, all had shared religious delusions in one form or another. CONCLUSIONS: Folie à deux cases with shared religious delusions can be a very high risk and could be potentially fatal in a family setting. The authors also highlight the difficulties inherent in a forensic system restricted to McNaughton rules, particularly when a person is on trial having committed, or being alleged to have committed, a serious offence, and who is found to be suffering from a psychotic illness.

Adolescent↗

Psychological assessment versus psychological testing. Validation from Binet to the school, clinic, and courtroom.

Increasingly, psychological assessment is conducted with clients and patients involved in child custody and personal injury litigation. Clinical neuropsychologists are being asked sophisticated questions by attorneys regarding the validity of practitioners' most highly respected tests. Research reviewed here bears on the validity of test-buttressed clinical opinions, including research related to the following psychometric properties of individual test scores: standard errors of measurement, test-retest stability and subtest-to-subtest intercorrelations. The highest and the lowest subtest scores used as indices, respectively, of an individual's premorbid level of cognitive functioning and the degree of current impairment from that presumed earlier level is not justified when used in isolation from the life history and current medical findings. Although many practitioners use information from the wider research, courtroom experience suggests that a number do not; contrariwise, the attempt of Faust and Ziskin (1988a) to undermine the courtroom testimony of every psychologist who serves as an expert witness is also criticized.

Expert Testimony↗

Providing testimony.

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Adaptation, Psychological↗