MALINGERING IN

THE COURT OF
LAW
Garrett Scharff
Emory University
Social Stigma
• Long standing
prejudice against
mental heath
• Popular opinion on
mental health has
changed
 History

• Modal Penal Code-

1962
• Developments in the
treatment and study of
mental health
• Burden of Proof
• John Hinkley
Competency

• Psychologist/Psychiatri
st could be left out of
important information
• Unreliable source of
information
Co-Morbitity
• Many symptoms of one
illness are symptoms of
another
• Two psychologists may
focus on two different
symptoms and come to
different diagnosis
• Capable Psychologist
needed
Malingering
• Would be extremely
difficult to do
• Standardized tests
• Face to face meetings
Anti-social
Personality
Disorder
• One of the most over used
diagnosis among criminal
populations
• Does not account for the
”why” of behavior
• Often the criteria for the
disorder is not met by
defendant
Mental Health
as an Attack

• Ted Kaczynski, Dylann

Roof
• Mental Health diagnosis
used as leverage in cases
CONCLUSION
QUESTIONS?