Also known as: alienism · psychiatrist · mental alienation
Written by attorneys · grounded in primary & secondary sources — see below
A psychiatrist who evaluates a criminal defendant's mental condition. The evaluation determines sanity at the time of the offense or competency to stand trial.
Arthur Abrams filed notice of an insanity defense after charges for sabotage. The court appointed an alienist to examine him under the governing statute. The alienist conducted the evaluation and submitted a report on Abrams's mental condition at the time of the offense.
Aisha Ahmed asserted a mental disease defense in her federal trial. The prosecution called an alienist who had examined her to testify about her capacity. The alienist explained his diagnosis and opinion on whether her condition impaired appreciation of wrongfulness.
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Alexandra Armstrong raised an insanity claim under the product test. An alienist examined her and concluded her mental disease produced the criminal act. The court considered the alienist's report in deciding whether the act was the product of the illness.
Ariana Azizi faced civil commitment proceedings. The state presented an alienist who testified on the likelihood of future dangerousness. The alienist's evaluation helped determine whether clear and convincing evidence supported commitment.
Adam Anderson refused antipsychotic medication while awaiting trial. An alienist examined him and reported on whether the medication was necessary to restore competency. The court relied on the alienist's findings to decide whether forced treatment was justified.
Aaron Adams challenged his fitness to proceed. The state offered an alienist who had examined Adams and found him competent. The court used the alienist's report to decide whether Adams had overcome the presumption of competency.
A court must appoint an alienist when the defendant files notice of an insanity defense, when fitness to proceed is in doubt, or when the defendant's mental condition will otherwise become an issue. The appointment allows an examination and report on the defendant's mental state.
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Yes. When the defendant wishes to be examined by a qualified psychiatrist of his own choice, the examiner must be permitted reasonable access to the defendant. This right exists even after a court-appointed examination has occurred.
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An alienist who examined the defendant may state the nature of the examination, the diagnosis, and an opinion on whether the defendant's capacity to appreciate wrongfulness or conform conduct to the law was impaired by mental disease or defect. The alienist may also explain the diagnosis and opinion and is subject to cross-examination.
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The prosecution, the defendant, or the court may call the psychiatrists who reported after a court-ordered examination. When called by the court, the alienist remains subject to cross-examination by both sides.
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…at 99. [^maj-12]: Inbau & Reid, supra , at 34-43, 87. For example, in Leyra v. Denno , 347 U. S. 556 (1954), the interrogator-psychiatrist told the accused, "We do sometimes things that are not right, but in a fit of temper or anger we sometimes do things we aren't really responsible for," id., at 562 , and again, "We know…