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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

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