Psychiatry, psychology and law
Dr Bernadette McSherry
One 2-hour seminar per week * First semester * City
Objectives Upon successful completion of the subject, students should possess a sophisticated understanding of (1) the ways in which psychiatrists and psychologists may become involved in the civil law system; (2) the ways in which the criminal law takes into account mental impairment; (3) when and why psychologists and psychiatrists may be called to give evidence in the civil and criminal courts; and (4) the use of psychological syndrome evidence and concepts of dangerousness in the court system. Students should also have improved their ability to (5) engage in the theoretical analysis of policy and legal issues relating to the interplay between psychiatry, psychology and law; (6) confidently participate in argument in the context of an interactive seminar; (7) engage in research; and (8) clearly and persuasively present ideas and arguments in written form.
Synopsis This subject explores three main areas in which psychiatrists and psychologists may become involved in the legal process. (1) The first main area concerns the civil law and examines the involvement of psychiatrists and psychologists in assessing mental conditions arising from personal injuries in tort law as well as mental competency for the purposes of guardianship and civil commitment legislation and in relation to consent to treatment. (2) The second main area concerns psychiatrists' and psychologists' involvement in the criminal law and topics covered include assessments for the purposes of law relating to fitness to stand trial, insanity, automatism, infanticide and sentencing. (3) The final main area will deal with evidentiary issues pertaining to psychiatrists and psychologists giving expert testimony in the courtroom. Topics in this area include the admissibility of expert evidence, the ultimate issue rule and the growing use of psychological syndrome evidence in criminal trials and in the family court.
Assessment Research assignment on a topic approved in advance (5000 words): 50% * Class participation: 10% * Final examination (2.5 hours supervised) or second research assignment (4000 words): 40%
Texts
Edited reading materials
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