Memoir as Witness to Mental Illness
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Memoir as Witness to Mental Illness
STMAKySUNIVERSITYFaculty ArticlesDigital Commons at st. Mary's UniversitySchool of Law Faculty Scholarship2019Memoir as Witness to Mental IllnessDora Memoir as Witness to Mental Illness w. KleinSt. Mary's University School of Law. dklein(a)stmarytx.eduFollow this and additional works at: https://commonsstmarytx.edu/facarticlesRecommended CitationDora w. Klein. Memoir as Witness to Mental Illness, 43 Law & Psychol. Rev. 133 (2018).This Article is brought to you for free and open ac Memoir as Witness to Mental Illnesscess by the School of Law Faculty Scholarship at Digital Commons at st. Mary's University. It has been accepted for inclusion in Faculty Articles by aMemoir as Witness to Mental Illness
n authorized administrator of Digital Commons at st. Mary's University. For more information, please contact sfowler@stmarytx.edu, jcrane3@stmarytx edSTMAKySUNIVERSITYFaculty ArticlesDigital Commons at st. Mary's UniversitySchool of Law Faculty Scholarship2019Memoir as Witness to Mental IllnessDora Memoir as Witness to Mental Illness...............................140A.A Brief Overview..............................140B.Distrust of Claims of Insanity................142II.Civil Commitment and Involuntary Treatment..........148III.Lessons From Memoirs of Mental Illness.............154A.The Insanity Defense.......................... Memoir as Witness to Mental Illness155B.Civil Commitment and Involuntary Treatment....1581“Thank You" Theory...................1592Lack of Insight......................1613Family.......Memoir as Witness to Mental Illness
........................1644Imminence of Harm....................167IV.Conclusion..........................................173’ Professor of Law, St. STMAKySUNIVERSITYFaculty ArticlesDigital Commons at st. Mary's UniversitySchool of Law Faculty Scholarship2019Memoir as Witness to Mental IllnessDora Memoir as Witness to Mental Illnessw & Psychology Review[Vol. 43IntroductionDuring a trial,.a witness’s job is to supply the facts by telling the jury what she saw, heard, or otherwise experienced that is relevant to the legal questions the jury must answer.1 The jury’s job is to decide how much weight and credibility to accord a wit Memoir as Witness to Mental Illnessness’s testimony.2 Jurors are expected, even instructed,3 to rely on their own knowledge about the world when deciding whether and how much to believeMemoir as Witness to Mental Illness
a witness.4 Most of the time, jurors’ own experiences are sufficient to allow them to accurately assess a witness’s testimony.5 However, jurors are sSTMAKySUNIVERSITYFaculty ArticlesDigital Commons at st. Mary's UniversitySchool of Law Faculty Scholarship2019Memoir as Witness to Mental IllnessDora Memoir as Witness to Mental Illness provide jurors with the knowledge that they need to evaluate the evidence properly.7 By definition, an expert witness is some-1 Blackburn V. Murphy, 737 s.w.2d 529, 531 (Tenn. 1987) (staling that “it is the function of the witness to state evidentiary facts and the function of the jury to draw such Memoir as Witness to Mental Illness conclusions as the facts warrant”) (alteration and citation omitted); State V. Smith, 30 La. Ann. 457,458 (1878) (“It was the province of the witnessMemoir as Witness to Mental Illness
to state facts, and of the jury to draw inferences, opinions, and conclusions from those facts.”). Cf. Model Code of Prof’l Responsibility EC 5-9 (AmSTMAKySUNIVERSITYFaculty ArticlesDigital Commons at st. Mary's UniversitySchool of Law Faculty Scholarship2019Memoir as Witness to Mental IllnessDora Memoir as Witness to Mental Illnessr, while that of a witness is to state facts objectively.”).STMAKySUNIVERSITYFaculty ArticlesDigital Commons at st. Mary's UniversitySchool of Law Faculty Scholarship2019Memoir as Witness to Mental IllnessDoraGọi ngay
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