New York's "Extreme Emotional Disturbance" Defense: A Hybrid Creature of the Law at the Psycho-legal Interface (From Criminal Court Consultation, P 119-134, 1989, Richard Rosner, Ronnie B Harmon, eds. -- See NCJ-135552)

• NCJ Number: 135561
• Author(s): R L Goldstein
• Date Published: 1989
• Length: 16 pages
• Sale Source: Plenum Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Psychiatrists need to understand the statutory and case law regarding the diagnostic criteria for the New York State defense of "extreme emotional disturbance," because these criteria are not found in standard psychiatric texts.

Abstract

Psychiatrists should also understand the distinctions between extreme emotional disturbance and diminished capacity, diminished responsibility, and the insanity defense. The defense of extreme emotional disturbance does not require that the accused person's action be spontaneous. Instead, the purpose of the defense is to explain the defendant's intentional action, permitting the defendant to show that the conduct was caused by a mental infirmity that does not rise to the level of insanity. The two main elements of the defense are that the act was committed under the influence of extreme emotional disturbance and that a reasonable explanation or excuse must exist. 59 references and appendix summarizing leading New York cases on extreme emotional disturbance