Document Type

Article

Publication Title

Emory Law Journal

Publication Date

Winter 1982

ISSN

0094-4076

Page Number

71

Keywords

constitutional law, Fifth Amendment, Sixth Amendment, psychiatric evidence

Disciplines

Criminal Law | Evidence | Law

Abstract

In Estelle v. Smith,' the United States Supreme Court recognized for the first time that an evaluation of a criminal defendant by a mental health professional may implicate both the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel. The issues raised in Estelle are significant not only for the legal profession but also for those in the mental health professions who perform "clinical" evaluations for the criminal courts. Estelle involved the case of Ernest Smith, who was sentenced to death by a Texas jury in 1974. Prior to trial, the judge ordered a psychiatrist, Dr. Grigson, to evaluate Smith's competency to stand trial. Grigson's ninety minute interview ranged well beyond the terms of the court order, however. The doctor not only provided the court with a report on Smith's competency and an unsolicited opinion about Smith's mental state at the time of the offense,' but subsequently used information obtained during his interview as the basis for testimony in support of the state's case at the sentencing proceeding held after Smith's conviction for capital murder.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.