[Use of private medical records in the testimony of the official medical officer].
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Rock v. Arkansas is the first United States Supreme Court decision that addresses the conflict between a criminal defendant's right to testify in his or her own behalf and a state's right to impose a restrictive rule of evidence barring hypnotically refreshed testimony. The present critique describes the operative facts in Rock v. Arkansas and the majority and minority decisions. It also highlights some of the psychological and legal issues involved and speculates on what Rock v. Arkansas may portend for the broader issue of the admissibility of hypnotically refreshed testimony in general.
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Psychiatrists and other mental health professionals retained in civil or criminal litigation are frequently required to travel to a state in which they are not licensed to perform assessments and offer testimony. Adverse professional and legal consequences may await the unwary peripatetic forensic expert. Failure to address local practice requirements may result in disqualification to testify as well as civil and criminal liability, professional disciplinary action, and denial of liability insurance coverage. In this article, the authors address preventative measures to avoid charges of practicing without a license when the forensic expert crosses state lines.
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