The presence of counsel at forensic psychiatric examinations |
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Authors: | S Rachlin H I Schwartz |
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Institution: | Department of Psychiatry and Psychology, Nassau County Medical Center, East Meadow, NY. |
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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. |
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