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“A psychiatrist is a fellow who asks you a lot of expensive
questions your wife asks you for nothing”
Joey Adams, U.S. comedian.
America’s standards for the insanity defense, during the
period 1954-1984, received a great deal of criticism because of
cases like Torsney and White. Psychiatrists were given a powerful
voice in the nation’s courts and the results could often be
infuriating to the public. Psychologists, whose profession revolves
around the endless ambiguities of the human mind, were asked to make
decisive judgments about an individual after seeing a prisoner only
once or twice. This was absurd according to many people. Sometimes
psychologists treat their patients for years in dozens of sessions
without coming to a solid conclusion or understanding of their
mental problems And those judgments by court appointed psychiatrists
could have a tremendous impact on a criminal trial and its outcome.
“Psychiatrists and psychologists are often put in the same
position as economists who are asked to predict things that no one
is capable of predicting. Those with the honesty and realism to say
they can’t do it are likely to be brushed aside…” writes
Thomas Sowell in The Insane Insanity Defense (Sowell,
1994, p. A10).
Psychiatrists also have been known to slant their findings toward
the side that pays them. This is a dangerous tendency that corrupts
testimony and blurs the truth in front of a jury who is already
suspicious of “expert” psychological testimony. That
suspicion has been fostered by some spectacular failures and abuses
by psychiatrists who explain the behavior of criminals with the
twisting idiom of clinical definitions. And psychiatrists themselves
are notorious for their disagreements on the same issues. For every
psychiatrist that testifies on the stability of a defendant, another
one will quickly follow who will testify to a completely opposite
conclusion. Frequently, there is no common consensus among
psychiatrists, a fact that has devalued the profession in the eyes
of the public and lessened the impact of their testimony in a court
of law. What does it matter if a defendant had a less than perfect
childhood? How does that relate to a vicious murder that may have
been committed twenty or thirty years later? Or as Thomas Maeder
writes in Crime and Madness, “It (psychiatric testimony)
can send him to prison, or send him to a hospital, or put him on
probation, and what is it that you need to know to make that
decision? Do you need to know that the person had a poor upbringing,
that he masturbated as a child? Just what is it that you need to
know?” (Maeder, 1985, p. 100).
There is also the natural danger that clinicians mostly identify
with those on their own economic and social level. When dealing with
patients who are much different than themselves, psychiatrists can
be oblivious to their problems. One forensic psychologist went so
far as to say: “I hate to say this, but I don’t like to work
with poor people…They are talking about stuff that doesn’t
interest me” (Rowe, 1984, p. 325). Undoubtedly, few doctors could
be as honest. Another common problem is forensic psychologists are
paid professionals and therefore, usually accessible to only the
wealthy class. Such a case was the strange story of John du
Pont, heir to the du Pont family fortune and the wealthiest man ever
to be charged with murder in American history.
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