In the case of State v. Smith, the defendant, John Smith's mental health was the central issue.
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- In the case of State v. Smith, the defendant, John Smith's mental health was the central issue. After fatally shooting his neighbor in the middle of an argument, John Smith was arrested and charged with murder in the first degree. The defense maintained that John Smith had a history of mental illness, including schizophrenia, and that his mental condition at the time of the act should be taken into account since it should have been taken into consideration (Melton et al., 2018).
- Explain why and how the Daubert standard might be an issue in regard to the procedures mentioned above that were used to evaluate the defendant.
- Explain how a clinical psychologist might prepare to testify if this was, or became, a Daubert challenge hearing.
References:
- Melton, G. B., Petrila, J., Poythress, N. G., & Slobogin, C. (2018).Psychological evaluations for the courts: A handbook for mental health professionals and lawyers(4th ed.). New York: The Guilford Press.
- Brodsky, S. L. (2004).Coping with cross-examination and other pathways to effective testimony.Download Coping with cross-examination and other pathways to effective testimony.American Psychological Association.
- Krauss, D. A., & Sales, B. D. (2001).The effects of clinical and scientific expert testimony on juror decision making in capital sentencing.Links to an external site.Psychology, Public Policy, and Law,(2), 267-310.
- Mark, M. M. (1999).Social science evidence in the courtroom: Daubert and beyond?Links to an external site.Psychology, Public Policy, and Law, 5(1), 175-193.
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