Checking out a published report, Erik Magraken contacted former New Mexico state senator Duncan Scott and found that it was true, the lawmaker had indeed introduced a legislative amendment in 1995 providing that:
When a psychologist or psychiatrist testifies during a defendant’s competency hearing, the psychologist or psychiatrist shall wear a cone-shaped hat that is not less than two feet tall. The surface of the hat shall be imprinted with stars and lightning bolts. Additionally, a psychologist or psychiatrist shall be required to don a white beard that is not less than 18 inches in length, and shall punctuate crucial elements of his testimony by stabbing the air with a wand. Whenever a psychologist or psychiatrist provides expert testimony regarding a defendant’s competency, the bailiff shall contemporaneously dim the courtroom lights and administer two strikes to a Chinese gong…
The amendment — intended satirically, one should hasten to add –”passed with a unanimous Senate vote” but was removed from its bill before consideration by the state house and never became law. (& Coyote, Above the Law)
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expert witnesses,
New Mexico,
psychiatry
My new podcast at Cato discusses the American Psychiatric Association’s ongoing project of redefining and often loosening the criteria for diagnosing mental illness, and some of its legal implications in fields like disability law (earlier).
Tagged as:
disabled rights,
psychiatry
As part of its revision of its influential Diagnostic and Statistical Manual, the American Psychiatric Association is proposing to lower diagnostic thresholds for some conditions and recognize other entirely new (and sometimes controversial) disorders. That will have implications for the coverage of the Americans with Disabilities Act and other laws, as I explain in a new post at Cato at Liberty. (& Alkon)
Tagged as:
disabled rights,
psychiatry
- Executive with “Autism Speaks” group quits to found group more aligned with scientific opinion on cause of condition [SciAm]
- Here comes the ban-cigarettes-entirely crusade [Peter Singer on forthcoming Robert Proctor "Golden Holocaust"] “Parents try to blame Four Loko for son getting shot” [Elie Mystal, Above the Law] Still-relevant cartoon from ’30s on Federal War on Drugs (or Booze, take your pick) [Perry]
- Controversy over definition of medical disorders in DSM-V has implications for workplace law including ADA, FMLA [Labor Related, petition]
- “Not Safe to Display an American Flag in an American High School” [Volokh]
- “Criminal Defense Lawyer Charged in Alleged $1.5M Fraud On Clients Obtained Under False Pretenses” [ABA Journal, Greenfield; Texas]
- Father of Notre Dame student who died says family never considered suing [Chicago Tribune]
- “The Ignominious End Of The Digitek Mass Tort” [Beck]
Tagged as:
autism,
colleges and universities,
don't,
pharmaceuticals,
psychiatry,
tobacco
“Macomb County Probate Court officials can’t explain how a man falsely claiming to be a medical doctor was allowed to decide whether people were mentally competent to handle their own estates and whether jail inmates needed mental health care.” [Detroit News]
Tagged as:
expert witnesses,
Michigan,
psychiatry
Horrifying Seattle Times investigation:
For a quarter century [Stuart] Greenberg testified as an expert in forensic psychology, an inscrutable field with immense power. Purporting to offer insight into the human condition, he evaluated more than 2,000 children, teenagers and adults. His word could determine which parent received custody of a child, or whether a jury believed a claim of sexual assault, or what damages might be awarded for emotional distress. …
His peers elected him their national president. But his formidable career was built upon a foundation of hypocrisy and lies.
Tagged as:
child custody,
expert witnesses,
psychiatry,
Washington state
- Reforms billed as loser-pays advance in Texas, but they’re very scaled-down [WSJ, WLF and more, Legal Blog Watch, Wood/PoL, Cary Gray/Houston Chronicle, WSJ Law Blog, earlier]
- “Refutation of Toyota sudden acceleration hysteria doesn’t stop Toyota sudden acceleration litigation” [Ted at PoL]
- “Five Questions With Legal Scholar Richard Epstein” [Jamie Weinstein, Daily Caller; his views on Title IX]
- Employers glad for small favors: “Refusing to Hire Applicant Who Fails Drug Test Not an ADA Violation” [Robin Weideman, California Labor and Employment Law Blog; Ninth Circuit]
- “Study Shows Litigation Doesn’t Improve Nursing Home Safety” [Studdert et al, NEJM via Daniel Fisher]
- Risperdal? No thanks: “Mother battles Michigan over daughter’s medication” [AP]
- Personal-injury litigation plummets in Australia following enactment of state-level reforms [seven years ago on Overlawyered]
Tagged as:
disabled rights,
illegal drugs,
loser pays,
nursing homes,
psychiatry,
Richard Epstein,
sudden acceleration,
Texas,
Title IX,
Toyota
- Hospital can be sued for releasing mental patient who killed his wife ten days later [ABA Journal, Michigan]
- Pet-sitter draws probation on animal cruelty charges after letting pig overeat and get too fat [AP/Austin, Minn. Post-Bulletin]
- The government pressured states to raise drinking age to 21. So why didn’t the move save lives? [Miron/Tetelbaum, Forbes]
- “Goldman Sachs Tries To Bully Blogger” [Marc Randazza, Cit Media Law and Legal Satyricon; Ron Coleman, Likelihood of Confusion; Brian Baxter, American Lawyer; Martin Schwimmer, Trademark Blog ("I Don't Think It's The Dumbest Trademark Demand Letter I've Ever Seen")]
- Dangers in using Title IX to go after sex imbalances in science and engineering, as Obama is said to want to do [Christina Hoff Sommers, Washington Post]
- Thomas Mundy and his attorney, frequent Overlawyered mentionee Morse Mehrban, have filed more than 200 ADA lawsuits against California merchants and other businesses, settling them for an income that opponents estimate as in excess of $300,000 a year each [L.A. Times back in January, California Civil Justice] But an Orange County jury took 18 minutes to dismiss Mundy’s suit against Del Taco [OC Register, MoreLaw, Ken @ Popehat and his followup] Noni Gotti’s 45-day spree of 41 lawsuits against 111 businesses and landlords in Santa Ana area [Jan Norman, OC Register; more on ADA filing mills]
- Police payouts up but hospital payouts down: “[New York] City Paid Out $568 Million for Lawsuits Last Year” [NY Politics; Ted yesterday]
- Another lawyer disclaimer with a sense of humor [Nicole Black/Legal Antics citing Kelly Phillips Erb/TaxGirl; earlier]
Tagged as:
ADA filing mills,
alcohol,
animals,
colleges and universities,
Morse Mehrban,
nastygrams,
NYC,
psychiatry,
Title IX,
trademarks
- Court declines to dismiss stripper’s suit blaming her DUI crash on club that made her drink with customers [Heller/OnPoint News, earlier]
- Served 23 years in Wisconsin prison, then cleared by DNA evidence [Innocence Project]
- Headlines we didn’t make up: “Grad Student Threatens to Sue Over Destruction of Rare Lizard Dung” [ABA Journal, U.K. case]
- Wisconsin middle school suspends teacher Betsy Ramsdale because her Facebook photo shows her with gun [Never Yet Melted] http://is.gd/iQaj
- David Ogden, now up for a high Department of Justice post, assisted in Clinton-Reno era’s ghastly RICO suit against tobacco companies (maybe on-orders-from-superiors, given the extent to which the whole thing was wired by hotshot outside lawyers suing the industry) [Carrie Johnson, WaPo]
- You’d think they’d learn: appliance energy-use mandates led to lousy clothes-washer and dishwasher designs, but more of the same on the horizon [Kazman, CEI "Open Market"]
- Walks out of psychiatric hospital and kills himself, state of New Jersey ordered to pay $600K to survivors [Newark Star-Ledger]
- Why there was a market for burned out light bulbs in the former Soviet Union [Tyler Cowen]
Tagged as:
Facebook,
guns,
Innocence Project,
New Jersey,
psychiatry,
strippers and exotic dancers,
Wisconsin,
zero tolerance
by SSFC on December 23, 2008
Peter Reiner of the Neuroethics & Law Blog points to the impending arrival of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, or as it will be commonly known, the DSM-V. DSM, in its various editions, is generally treated as the bible of psychiatry, providing diagnostic criteria for a host of mental maladies from the common, such as depression, to the bizarre, such as trichotillomania.
Readers of this site may know that the DSM is relevant to a number of fields of legal practice, including criminal law, tort practice, workers compensation, and increasingly employment law. If nothing else DSM often provides fodder for cross examination of experts, but in some cases it interacts with the law more directly. For instance, whether a person is psychiatrically “disabled” within the meaning of the Americans With Disabilities Act, or an insurance policy, may turn on whether that person’s problems can be summarized through a DSM diagnosis. Revisions to past editions of DSM have even had social and political ramifications in the culture at large. Arguably the removal of “homosexuality” as a form of mental illness in the 1970s contributed, in its small way, to greater acceptance of gay people in American culture.
Like Dr. Reiner, I find one aspect of the revision process troubling. It’s being conducted in secret, and the revisionists are being held by the American Psychiatric Association to confidentiality agreements. The APA has justified this a couple of grounds: first that it allows the committee to work undistracted by public comment from fellow scientists; and second that it prevents members from accepting outside work, such as casebook writing and other assignments, with an eye toward money. After all, “The Doctor Who Wrote the Book On Binge Eating” could make a killing on the Oprah Winfrey Show.
While I’m not a scientist, the secrecy does strike me as bad science, and bad policy. I’d never argue that laypeople, for instance lawyers, should have their comments considered by the APA, but there are many, many psychiatrists, non-psychiatrist MDs, scientists from other disciplines, and psychologists who could provide valuable criticism or validation of the work before it’s plopped onto the public. While I’m also sure that the drafters are ethical, experts of the highest order, and would never commit misconduct, stranger things have happened. And there may even be a few laypeople who have thoughts that might be helpful. Taking homosexuality as an example, there are many people who have non-disabling, non-criminal sexual hangups who might have useful opinions about the fact that “sexual fetishes” are still classified as a form of mental illness.
Make no mistake, the DSM-V will change more than the practice of psychiatry, in ways subtle and profound. Whether the secrecy with which it’s being drafted will contribute to that change is something we won’t know, until the cat is already out of the bag.
Edit: 12/24/2008 Adam Kolber was kind enough to point out that I had attributed the Neuroethics post to him, when in fact its author is Peter Reiner. I have edited this post to reflect that.
Tagged as:
psychiatry