About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


11 J. Forensic Psychiatry & Psych. 1 (2000)

handle is hein.journals/jnlofncpy11 and id is 1 raw text is: The Journal of Forensic Psychiatry Vol 11 No 1 April 2000 1-6 EDITORIALS The emperor in the courtroom: psychology and pseudo-science E. MICHAEL COLES In R. v Tyhurst (1991) the accused, a very senior psychiatrist and former chair of a university department of psychiatry who had, himself, testified in court on numerous occasions, had been assessed by a psychologist. The psycholo- gist testified that, based primarily on the results of seven self-report invento- ries, it was his opinion that Tyhurst did not have any deviant sexual tendencies. Undergraduate students who observed this trial had no difficulty in seeing the testimony's lack of validity. The court, however, gave it credence by admitting it, subjecting it to cross-examination and devoting time to rebuttal testimony. Mental health experts, both psychiatrists and psychologists, have not only been appearing in courtrooms more often, they have been moving more and more towards centre stage. Given the central role of mental health concepts in trials involving insanity, automatism and head injury, to say nothing of hearings involving dangerous or high-risk behaviour, this is not, in itself, a bad thing. However, the courts have not always been well served by the tes- timony they have been offered. Almost two decades ago, Sir Martin Roth (1981: 100, 101) stated that the type of behaviour exhibited in the legal cases of murder and other violent crimes during sleep-walking appeared to be peculiar to courts of law. Testimony since then appears to have been provid- ing more of the same. Furthermore, it has been done under a spurious mantle of science. It has been suggested - primarily by psychologists - that psychology is to psychiatry as gerontology is to geriatrics. Psychologists like to define their discipline as the scientific study of behaviour. Psychologists like to contrast The Journ al of Forensic Psychiatry ISSN 0958-5184print/ISSN 1469-9478 online © 2000Taylor & Francis Ltd