Synonyms
Admissibility of psychological/neuropsychological evidence
Historical Background
One of the first decisions to address the admissibility of expert testimony by a psychologist or neuropsychologist as to the existence of a brain injury or mental defect was Jenkins v. United States (1962). This was a criminal trial in which the jury was instructed to disregard the testimony of the psychologists on the grounds that they could not give a medical opinion as to mental disease or defect because they did not have medical training. The appellate court reversed the decision holding that the expert did not need to be a medical practitioner. A later opinion, in United States v. Riggleman (1969) supported the position that psychologists were not excluded from testifying about criminal sanity solely because they lacked medical training. Simmons v. Mullins (1975) was an early appellate court decision that essentially reversed a trial court opinion that neuropsychologists were not competent...
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Chapple v. Ganger, 851 F. Suppl. 1481 (E. D. Wash, 1994).
Greiffenstein, M. F. (2009). Basics of forensic neuropsychology. In J. Morgan & J. Ricker (Eds.), Textbook of clinical neuropsychology. New York: Taylor & Francis.
Greiffenstein, M. F., & Cohen, L. (2005). Neuropsychology and the law: Principles of productive attorney-neuropsychologists relations. In G. Larrabee (Ed.), Forensic neuropsychology: A scientific approach. New York: Oxford University Press.
Jenkins v. United States (1962). 307 F. 2d 637.
Kaufmann, P. M. (2008). Admissibility of neuropsychological evidence in criminal cases: Competency, insanity, culpability, and mitigation. In R. Denney & J. Sullivan (Eds.), Clinical neuropsychology in the criminal forensic setting. New York: Guilford Press.
Richardson, R. E. L., & Adams, R. L. (1992). Neuropsychologists as expert witnesses: Issues of admissibility. The Clinical Neuropsychologist, 6, 295–308.
Simmons v. Mullins (Pa. Super Ct. 1975). 331 A2D 892, 897.
United States v. Riggleman (4th Cir. 1969). 411 F.2d 1190.
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Heilbronner, R.L. (2018). Baxter v. Temple (2005). In: Kreutzer, J.S., DeLuca, J., Caplan, B. (eds) Encyclopedia of Clinical Neuropsychology. Springer, Cham. https://doi.org/10.1007/978-3-319-57111-9_2235
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