Guidelines on Ethics in Courtroom Testimony (1978-5s)

Prepared by FE Coburn, MD, FRCPC

This position statement was accepted by the Board of Directors of CPA at its meeting held June 3, 1978. It was subsequently revised: see Annotation #9 CMA Code of Ethics Annotated for Psychiatrists (attached).

A psychiatrist should testify in a court of law as to the mental state of a person only if he has examined that person. Such testimony should not be given solely as a result of observations made in the courtroom.

Amendment to Position Paper on Ethics

In 1980 the Canadian Journal of Psychiatry published a Position Paper of the Canadian Psychiatric Association "The Canadian Medical Association Code of Ethics Annotated for Psychiatrists" (1). In response to further questions and review an amendment to Annotation #9 of this Position Paper was approved by the Board of Directors at its meeting, June 2, 1984 (2). On May 31, 1986, the Board of Directors of the Canadian Psychiatric Association approved a further amendment to Annotation #9. The new version appears below with the amendment in italics.

Annotation #9: "Whenever possible, a psychiatrist should testify in a court of law as to the mental state of particular person only if he has examined that person. Such testimony should not be given solely as a result of observations made in a court room. Testimony should not be given in cases where legal access to examination has been denied. However, it is appropriate for a psychiatrist to advise the court on hypothetical questions regarding psychiatric issues within their expertise, and also to testify on the mental capacity of a deceased person at the time of writing a will where a psychiatric opinion is based on the study of the deceased's medical records and on evidence as presented by persons testifying in court on the circumstances surrounding the making of the will."

References

1. Mellor C. The Canadian Medical Association Code of Ethics Annotated for Psychiatrists. The Position of the Canadian Psychiatric Association. Can J Psychiatry 1980;25(5):432-438.

2. Amendment to Position Paper on Ethics. -- Op. Cit. -- Can J Psychiatry 1984;29(7):634.