scholarly journals Incredible Until Proven Credible: Mental Health Expert Testimony and the Systemic and Cultural Challenges Facing Asylum Applicants

Author(s):  
Hawthorne Emery Smith ◽  
Stuart Lorin Lustig ◽  
David Gangsei
1977 ◽  
Vol 5 (2) ◽  
pp. 201-227 ◽  
Author(s):  
Norman G. Poythress

In spite of the increasing utilization of mental health professionals as expert witnesses in the courts, neither the mental health professions nor the legal profession finds the present state of affairs concerning expert testimony to be satisfactory. This paper extensively reviews the literature which points to problems with both the mental health and the legal personnel who play major roles in mental health litigation. Also reviewed are the various proposals for change that have been suggested to date.


1982 ◽  
Vol 10 (2) ◽  
pp. 173-204 ◽  
Author(s):  
Steven C. Bank ◽  
Norman G. Poythress

Much has been written about mental health expert testimony, particularly regarding the scientific bases of testimony and the ethical questions which arise in the context of giving testimony. While the mental health expert may be perceived as helping the courts find the “truth” in the adversary process, the expert witness's impact may depend more on elements of persuasion than on the truthfulness of his or her formulations regarding the particular case. This article focuses on the elements of persuasion in mental health expert testimony, drawing on the social sciences literature, legal wisdom, and the authors' anecdotal experiences as forensic psychologists. Suggestions for increasing persuasiveness in testimony are given.


Author(s):  
Pawan Gupta

It is estimated that 1 in 4 people in a year will have some kind of mental health problem, and that mixed anxiety and depression is the most common disorder in the UK. There is an increasing number of mental health patients attending the ED, and a new FY doctor in the ED will encounter such patients from their first shift onwards. The approach to a mental health patient is only marginally different from the approach to those presenting under other specialties. The assessment largely depends on careful history taking and attentively listening to the patient’s narrative. There are only a few situations in psychiatry in which a physical examination and investigations are required in the ED to make a diagnosis. As it would not be possible to cover all the areas of psychiatry which come through the doors of the ED in one chapter, only a few questions have been included here to provide a flavour of the common psychiatric situations that FY1/2s may come across in their early training period. The UK has the highest rate of self-harm in Europe and so one of the most important points is to recognize suicidal patients who can harm themselves seriously and manage them appropriately. If such patients are discharged following an inadequate assessment, they may go on to commit suicide and the attending doctors would have missed the opportunity to support and save them. In this category of patients, when they present to the ED, no matter how minimal is the level of their self-mutilation, it is a serious ‘cry’ for help. Our job is to listen to the patient and support them with the maximum help we can provide. As it may be difficult to occasionally get to the bottom of the problem, particularly within the time constraints in the ED, a low level of suspicion should be kept to ask for the assistance of the mental health expert. Self-harm and depression go almost hand in hand. The suicidal rate is higher in depressed patients than in the general population.


2019 ◽  
Vol 26 (9-10) ◽  
pp. 358-367
Author(s):  
Brett Scholz ◽  
Chris Platania‐Phung ◽  
Sarah Gordon ◽  
Pete Ellis ◽  
Cath Roper ◽  
...  

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