Can a defendant's statements to a psychiatrist be used as evidence at the penalty phase of a mental health proceeding?
MultiRegion, United States of America
The following excerpt is from U.S. v. Chitty, 760 F.2d 425 (2nd Cir. 1985):
[U]nder Miranda v. Arizona, [384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) ], we must conclude that, when faced while in custody with a court-ordered psychiatric inquiry, respondent's statements to [a psychiatrist] were not "given freely and voluntarily without any compelling influences" and, as such, could be used as the [Government] did at the penalty phase only if respondent had been apprised of his rights and had knowingly decided to waive them.
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