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Medical Expert Witness in Insanity Plea Cases

     By HG.org

In insanity pleas, a medical expert witness may need to explain and discuss mental illness with the courtroom to remove doubt or confusion about the matter and how the brainís effects may cause criminal activity. In usual circumstances, the expertís knowledge of behavior and the brain may assist him or her in detailing what the illness causes and how it affects the individual.
Insanity pleas make use of criminal court proceedings in usual circumstances. A medical expert has the task of either supporting the plea or refuting the claim that the individual has any form of mental illness. Through a battery of testing procedures and evaluation, the expert may determine if the claim of insanity is valid. However, if the matter involves temporary insanity, the case may become significantly more difficult. The case often relies on brain scans, the assessment of the personís mental faculties and if he or she is able to make the distinguishing reasoning between right and wrong.

Findings and Human Behavior

When an expert witness must provide support or refute an insanity plea, he or she will need to connect and link his or her findings to that of standard human behavior. If responses to questions do not reflect what a reasonable person would choose in the same situation, this could lead to a possible indication that mental illness exists. However, linking the findings to standard behavior may not support a plea of mental insanity alone. An extensive assessment of the person and what he or she believes and how he or she acts on a regular basis may corroborate mental instability.

The Insanity Plea

When a person suffers from mental illness, he or she may exhibit certain symptoms. These may include hearing voices, accomplishing actions that are otherwise considered impossible and erratic behavior. The individual may reason through situations differently than others, and his or her answers to standard questions may result in responses that appear odd or unreasonable. Similar problems may exist in social interactions. A person will a mental illness could experience violent reactions or behavior against certain others or to anyone depending on the circumstances. A thorough assessment by a medical expert may yield an opinion that the person is experiencing a mental illness.

Applying the plea of insanity in the courtroom is often difficult and fraught with complications. However, with a medical expert that evaluates the patient personally, he or she may provide his or her expert opinion on the insanity issue. If the person exhibits classic signs, the professional may explain these to the courtroom. Additionally, the expert may use his or her assessment as an explanation as to why the individual harmed others, committed a crime or broke the law. This may require additional evidence and details from the expert or multiple experts in the case.

The Qualifications of the Medical Expert

For an expert to remain in the case, he or she needs to pass the qualificationís check with the judge and the opposing legal team. This situation involves questions and answers about the education, credentials and processes the expert may use in the case. In a criminal case, the expert will need to provide a report about his or her findings, opinions, conclusions and methods of testing and assessment. As a designated expert witness in the case, the professional may remain with the lawyer that hired him or her and provide information, an explanation about evidence such as the analysis of the person with the mental illness and what the medical jargon means.

Testimony of the Medical Expert Witness in Insanity Pleas

The expert must provide additional details and information about the insanity plea. He or she may need to explain the mental illness the defendant suffers from as well as how the condition started. This may involve a detailed background of the individual and any injuries or medical history that relates to the matter. The testimony of the expert may shed light on the confusing matter of mental illness in how it involves an insanity plea and why the concern may exclude possible prison terms or similar penalties for criminal behavior.

The expertís testimony may revolve around how the condition affects the actions of the person. The mental illness may take precedence and require medication before any type of rehabilitation is possible. The expert may need to provide additional support evidence that the plea of insanity is valid and should provide a measure of counseling and treatment for recovery.

Copyright HG.org


While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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