Psychiatry on Trial: Fact and Fantasy in the Courtroom

by Ben Bursten, M.D. ’58, HS ’62

McFarland & Company Inc. (Jefferson, N.C.) 2001

In some areas of the law, psychiatrists have become as much a part of the legal landscape as lawyers and litigants. Psychiatrists’ speculations garner criticism from both the medical and legal communities. In this work, the author takes a close look at psychiatric testimony and examines the validity of what forensic psychiatrists do. Using depositions from actual cases and drawing from his own experiences, the author discusses the problem of misinformed professionals, appropriate and inappropriate testimony and the legal principles that help distinguish good testimony from bad testimony. Also covered are a wide variety of psychiatric and legal issues, including worker’s compensation, murder, child abuse, repressed memory, malpractice and sexual harassment.