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49 Tex. Tech L. Rev. 847 (2016-2017)
Beyond the Andrea Yates Verdict: Mental Health and the Law

handle is hein.journals/text49 and id is 887 raw text is: 




      BEYOND THE ANDREA YATES VERDICT:
           MENTAL HEALTH AND THE LAW

                          George Parnham'

I.   MISSION  STATEMENT                   ...................................... 847
II.  MENTAL   HEALTH  AND THE FORENSIC EXPERT..        ................ 847
Ill. EXPERT  INSANITY, A.K.A. EXPERTS' INSANITY .......       ........... 848
IV.  INSANITY  STANDARDS                  ...................................... 849
V.    FAMILIARITY WITH MENTAL  ILLNESS ......................... 851
VI.  THROUGH   THE EYES OF        ................................... 852
VII. PIERCING THE VEIL OF PSYCHOBABBLE       ..................... 852
Vi.  OTHER  POSSIBLE AREAS  OF EXPLORATION  ON
     CROSS-EXAMINATION                     ............................... 854
IX.  ADDITIONAL  TIPS.......................................... 855
X.    ADDENDUM                        ............................................... 855
XI.   THE CASE        .......................................... ...... 857
XII.  A DISCUSSION OF THE ISSUES      ...................................... 858

     This Article is intended to emphasize the importance of mental health
in the criminal justice system, with particular attention being paid to the
failures within the system in Andrea Pia Yates v. State of Texas.i

                       1. MISSION STATEMENT

1.   To promote  a  greater awareness of and appreciation for mental
     illness as a real illness.
2.   To impact the legislative process for the purpose of producing a
     reformed and consistent definition of the insanity standard, which
     presently exists in various forms in the United States.
3.   To bring mental health back into the courtroom equation.

            H. MENTAL  HEALTH  AND THE FORENSIC  EXPERT

     An undeniable trend exists within the court systems of this country: to
lessen the importance of mental health medicine in the judicial trial processes
and replace it with a sanitized but artificial version of logical explanations of
the actions of the mentally ill. There is no question that forensic psychiatry


    * Criminal Defense Attorney, Parnharn & Associates, Houston, Texas. J.D., The University of
Texas School of Law, 1970; B.S., Loyola University, New Orleans, 1963.
    1. See Yates v. State, 171 S.W.3d 215 (Tex. App.-Houston [1st Dist.] 2005, pet. ref d).


847

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