Credibility and incredibility: the psychiatric examination of the complaining witness
Abstract
Psychiatrists are called on to evaluate the credibility (and incredibility) of complaining witnesses in criminal proceedings despite a longstanding controversy about their ability to accurately make such determinations. The author discusses the history of such psychiatric activity from Freud through the Alger Hiss prejury trial, its current status in terms of benefits to the criminal justice system, the legal and social questions it raises (e.g., the competing issue of the complainant's right to privacy), andthe court's restrictions on the psychiatrists. He presents two illustrative case histories.
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