Each word spoken in court matters a lot because the accuracy and fairness of the verdict rely on it. A witness can either prove the innocence of the defendant or reinforce the accusation. So whatever side you are on, be it the plaintiff or the respondent, you need to provide hard evidence and reliable witnesses.
In a world today where many people seem to be going through some mental health issues, the accuracy of information shared may sometimes be questioned. With this in mind, can a witness be required to produce mental health records or to submit to a psychiatric examination? Yes, that is possible.
How “Appealing” Is Lying?
We have to understand why the court is thorough and particular with how reliable and accurate the information disclosed within its walls is. Sadly, 5.3% of the earth’s population lies according to a study. Even prominent individuals who have all eyes and ears on them like former US President Bill Clinton and Lance Armstrong have been caught lying.
In another study, ninety-six percent of Americans confessed that they tell lies. If a person, in his right mind, could deliberately share false information, how unreliable can one’s statement be if he is emotionally or psychologically unstable? This is why psychological assessment and other related documents may be asked in court.
Mental Health And The Court: Their Link
In general, it is said that there is no clear link between mental health issues and delinquent conduct. However, a person is more vulnerable to showing bad behavior if these problems are not addressed.
During litigation, a major goal when convicting someone of a crime is to determine the intention to commit it and to prove that the accused indeed had the goal to do so. One’s state of mind plays a big role in having such intentions because an individual may have done something unwillingly or committed a deed he or she does not have control over like being drugged, coerced, or mentally ill.
On the part of the witness, his or her statement will only be as good as how true and accurate his/her words are. People with mental health issues may have the tendency to forget details, hide or revise details, change statements from time to time, or even get agitated while on the witness stand. However, someone with a history of emotional and/or psychiatric problems can still become a reliable witness. These things will just have to be determined through assessment, past and present records:
The person is in stable emotional and mental conditions during the incident which he or she has to retell in the court hearing.
The individual is in good shape, emotionally and psychologically, when he or she takes the witness stand.
His or her assessment results and records indicate that the person has recovered from his or her mental health issues in the past and is currently doing well.
When you say a person is “stable” enough to be a witness, it does not necessarily mean that he or she is totally recovered. Some mental health issues take years of treatment. However, what matters most is that the problem, whatever it is, has been addressed, resolved, and is under control. To put it simply, the witness is in good shape to release statements.
Mental health records are protected by HIPAA or the Health Insurance Portability and Accountability Act. However, on the side of the witness, the court can order their disclosure on the following circumstances:
The court gave the order for a mental assessment to be performed.
These records will be used to assess the person’s ability to act as a witness.
The court proceeding will determine the person’s competency or need for a guardian.
The Mental Health and Development Disabilities Act was infringed and led to this specific court hearing.
What The Court Will Accept
Each country and state may have its own terms and laws about plaintiffs, defendants, and witnesses with mental health issues whether in the past or present. For instance, a mental patient is not allowed to testify in the US courts while an offender was convicted in New Delhi by the statement of a mentally ill rape victim. It is important to check the guidelines being implemented in the place where the case will be heard.
With regards to the mental health records, the court is strict in ensuring that they have not been tampered with. The psychiatric examination can only be performed by an accredited psychiatrist, not just any random professional from an unrecognized clinic or center. He or she may also be required to witness in court to attest the accuracy and legitimacy of the psychiatry report.
Can a witness be required to produce mental health records or to submit himself to a psychiatric examination? Absolutely, if the judge deems it relevant to the case being litigated. To prevent hiccups along the way, here are things to bear in mind:
Full disclosure of relevant information will be required. So be 100% honest in answering questions asked both by the psychiatrist performing the assessment and the court.
Look for a service provider that is not only recognized by the court but also delivers an accurate and quality psychiatric report with a quick turnaround time.
A Witness Rights On The Matter
The doctor and/or the facility cannot share one’s records with the court unless a signed written consent from him or her is attached to the subpoena. This is according to Mental Health and Development Disabilities Confidentiality Act, Section 10. They have the right to deny such a request if the legal steps are not followed and the person does not give his or her permission. The attorney should tread wisely when requesting mental health records because there are legal repercussions if such papers are obtained in the wrong manner.
Can a witness be required to produce mental health records or to submit himself to a psychiatric examination? Yes, as long as proper procedures are observed and consent has been obtained. After all, these are confidential personal information.
