Seanad debates

Wednesday, 19 February 2003

Criminal Law (Insanity) Bill 2002: Second Stage.

 

In an effort to educate myself in this area when I am neither a medical nor a legal expert, I came across a ruling in the third district court of appeal in Sacramento, which upheld a judge's right to order mental health experts to videotape their face-to-face evaluations of criminal defendants. The judge went on to say that psychiatrists are not oracles to whom courts submit questions and then retire to await their divine pronouncements. It was an interesting ruling and, apparently, it is still ongoing in the US. The judge is now insisting that the interviews between the patient and the assessor be videotaped and presented to court. It is being appealed to the various courts. It is of interest to us, as we are bringing forward this new Bill, regarding the access the courts or a judge may have in making a decision on the assessment that took place and how that assessment was reached.

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