Influence of Time and Treatment on Recall of Mental State at the Time of Offense: Incompetent Defendants and Evaluation of Insanity

• NCJ Number: 232809
• Journal: Journal of Forensic Psychological Practice Volume: 10 Issue: 5 Dated: October - December 2010 Pages: 464-475
• Author(s): Jeffrey J. Haun, Psy.D.; Julie A. Gallagher, Psy.D.; Adam A. Milz, Ph.D.
• Date Published: October 2010
• Length: 12 pages
• Publication Format: Article
• Publication Type: Research (Applied/Empirical)
• Language: English
• Country: United States of America

Annotation

Using a case example, this article examines the influence of time and psychiatric treatment on a defendant's recollection of an alleged offense.

Abstract

Evaluation of insanity is an inherently difficult task due to its retrospective nature and reliance on a defendant's recall of events. Eliciting a defendant's version of events early in the criminal justice process is advisable to guard against inaccurate or incomplete recall due to normal forgetting and changes in circumstance and mental status. However, depending on the jurisdiction of examination, postponing this inquiry may be necessary to protect a defendant's right against self-incrimination. Such circumstances often occur in the context of simultaneous court-ordered evaluations of competency to stand trial and insanity. A case example illustrates the influence of time and psychiatric treatment on a defendant's recollection of an alleged offense and provides a framework for discussion of the importance of protecting the rights of indigent defendants, even if potentially critical information is lost as a result. References (Published Abstract)