The Presence of Counsel at Forensic Psychiatric Examinations

    Volume 33, Issue 4 (July 1988)

    ISSN: 0022-1198

    CODEN: JFSOAD

    Page Count: 7


    Schwartz, HI
    Chief, Program in Psychiatry and Law, chief, Beth Israel Medical Center, New York, NY

    Rachlin, S
    Chairman, Nassau County Medical Center, East Meadow, NY

    (Received 11 September 1987; accepted 13 November 1987)

    Abstract

    In virtually all situations involving forensic psychiatric assessments, the patient is represented by counsel. But does this fact entitle the lawyer to be present at the clinical evaluation? In a series of New York cases spanning a generation, judges have allowed presence of counsel at the psychiatric examination. The most common reason given for such a conclusion is to assure better cross-examination of the expert witness. Psychiatric evaluations mandated by law necessitate several guidelines different from those of the usual doctor/patient relationship. While we may have to accept the presence of attorneys in our consulting rooms, they should be observers only. To allow active intervention would distort the clinical process.


    Paper ID: JFS12523J

    DOI: 10.1520/JFS12523J

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    Author
    Title The Presence of Counsel at Forensic Psychiatric Examinations
    Symposium , 0000-00-00
    Committee E30