Amity Institute of Psychology & Allied Sciences
Forensic Psychology (PSYC746)
Module-V Role of Psychiatry and
Psychology
-Dr. Anu Teotia
Assistant Professor (AIPS)
Certified Psychotherapist
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Forensic Psychology: The Role of Psychiatrists and Psychologists in Legal Proceedings, Lecture notes of Psychology
This document delves into the crucial role of psychiatrists and psychologists in legal proceedings, exploring their involvement in various aspects of the legal system, including fitness to stand trial, insanity defense, and testamentary capacity. It provides a comprehensive overview of the differences between expert and fact witnesses, the importance of confidentiality and privileged communication, and the potential penalties for providing false expert evidence. The document also highlights the importance of preparation and understanding legal procedures for psychiatrists and psychologists who may be called upon to testify in court.
Typology: Lecture notes
2023/2024
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Forensic Psychology (PSYC746)
Module-V Role of Psychiatry and
Psychology
- Dr. Anu Teotia
Assistant Professor (AIPS)
Certified Psychotherapist
Amity Institute of Psychology & Allied Sciences
Role of Psychologist and Psychiatrist during Trial
Psychiatrists & Psychologists appear in court when they are called upon to act as experts in the court of law or quasi-judicial bodies to comment upon the following areas: (a) fitness to stand trial, (b) insanity defense (c) testamentary capacity related to execution of a will (d) capacity to make a contract (e) capacity to manage property
Forensic psychiatry training is mandated for 2 weeks only, while appearing in the court as an expert witness may make the psychiatrist, especially the beginner, anxious, due to lack of such exposure. Expert witnesses and fact witness- An expert witness is a person whose opinion by virtue of education, training, certification, skills, or experience is accepted by the judge as expert. The Indian Evidence Act, under section 45, enumerates the laws relating to the opinion of experts. The section says that an “expert” means a person who has special knowledge, skill, or experience in any of the following: foreign law, science, art, handwriting, or finger impression, and such knowledge has been gathered by him by practice, observation, logical reasoning, or proper study.
A psychiatrist/ Psychologist may be requested to testify as either a “fact witness” or an “expert witness”. Broadly, an expert witness and a fact witness are often called the “court witness” in the summons. A fact witness testifies about direct observations. A common example would be the treating psychiatrist/Psychologist asked to testify about his or her observation on his or her own patient's symptoms, treatment, the course of the illness, and the outcome of treatment. In this situation, the psychiatrist is not ordinarily asked to give opinions on the subject matter of dispute
Expert witnesses are not witnesses of facts. The expert is expected to depose his or her evidence as an advisory and to test the accuracy of the conclusion that is derived upon by somebody else. This enables the judge to form his or her independent judgment by application of the criteria to the facts proved by the evidence. Furthermore, the expert witness can be a testifying or non-testifying expert witness: a. A non-testifying expert is hired by a contesting party to evaluate facts of the case. The expert helps the lawyer to prepare a case, without testifying in the court. An example of a non-testifying expert is a consulting expert. A consulting expert helps in questioning the other side's theory and methods and often helps drill a hole in their arguments, without testifying in court.
b. The testifying expert appears in the court to testify before the judge, under the oath that the expert will “speak the truth and nothing but the truth” and seek help from God. Subpoenas/Summons A subpoena or witness summons is a legal document, usually issued by the clerk of a court in the name of the judge, which requests a party (e.g., a psychiatrist) to: 1.Provide documents or 2.Appear and give testimony.
If the time is unsuitable or if it is too short a notice, it is recommended to note the same on the summons at the time of receiving and seek a fresh date either in writing or after personal appearance. The psychiatrist should prepare to testify. Attending the court is mandatory except in rare emergencies that should be conveyed to the court (registrar of the court). On receiving the subpoena, one should not fail to respond to it. A subpoena is part of a court's legal process, and failure to respond to a subpoena is considered contempt of court.
Once the subpoena is acknowledged, it is advisable to seek legal advice and assert the doctor–patient privilege. Once the doctor–patient privilege is asserted, then the doctor withholding information on the basis of confidentiality clause is acceptable. Failure to assert the privilege can be grounds for legal action by the client, especially in civil cases. The doctor should contact the client and/or the client's lawyer to seek consent from the patient before deposing the information in the court of law. If the client wants the doctor to comply with the subpoena, then the psychiatrist should get written authorization from the client before sharing the requested information.
Evidence in the court of law The evidence that the court relies on are divided into two, as follows: 1.Oral evidence of the witness 2.Documentary evidence. Psychiatrists/Psychologists are often needed to give evidence in medicolegal cases in the court of law as a fact/expert witness or as a professional accused of negligence. The psychiatrist needs to understand the importance and implication of evidence under the Indian Penal Code and the Indian Evidence Act.
There is also a need to anticipate likely questions and be prepared with the responses. Documents for presentation should include data given by the patient and caregivers, preferably verbatim, including the source of information, the details of investigations, joint consultations, referrals, mental status examination, ward observations, cognitive function testing, and so on, and opinion derived and the reasons of deriving the opinion.
It is required to present the documents at the time of appearance before the court. The court may also make the documents available to both the parties as per the need. A young psychiatrist/Psychologist can seek the help of senior colleagues who are well versed in attending and deposing in the court of law.
RESPONDING TO THE ADVOCATES
Examination-in-chief In the court of law, the expert witness will usually undergo examination- in-chief, that is, the questioning of a party's own expert witness under oath, at trial. Witnesses are introduced to a trial by their examination-in- chief, which is when they answer questions asked by the lawyer representing the party which called them to the stand, followed by cross- examination. Cross-examination is the questioning of a witness at a trial or hearing by the lawyer from the opposing party, who has called the witness to testify.
The examination-in chief will be less difficult if the psychiatrist/psychologist has discussed with the advocate in advance about what to expect in the court. However, the psychiatrist/psychologist must be truthful and avoid unnecessary information and disclosure. When responding to the court, one must have a logical thought process while arriving at a conclusion, and evidence should be produced with proper reference for the same. During the examination-in-chief, the advocates are forbidden from asking their witnesses leading questions. A leading question is one which requires a “yes” or “no” response.