In a mental health case, in what circumstances will a psychiatrist advise a defendant against a defense based on mental condition?

Similarly, psychiatrists also provide aid "in determining whether a defense based on mental condition is warranted by the defendant's particular circumstances." United States v. Fazzini, 871 F.2d 635, 637 (7th Cir. 1989). In exercising the opportunity to consult with the appointed psychiatrist, a defendant must consider and take into account the psychiatrist's evaluation. As we recognized in Smith, if the psychiatrist's evaluation is unfavorable, a permissible result may be "to decide, with the psychiatrist's assistance, not to present to the court particular claims of mental impairment. " 914 F.2d at 1157. That the appointed psychiatrist may be of the opinion that a particular defense is not viable does not violate due process. The right of the defendant is to have access to the psychiatrist's opinion, rather than to have access to a favorable opinion. Significantly, given the defendant's limited right to access a single psychiatrist, he lacks the right to appointment of a second psychiatrist when the originally appointed psychiatrist advises against the viability of a particular defense.