When will a jury be able to exclude evidence from a psychiatric examination?

MultiRegion, United States of America

The following excerpt is from U.S. v. McBride, 786 F.2d 45 (2nd Cir. 1986):

These reasons do not suffice to provide a legitimate basis for excluding the proffered evidence. It cannot be gainsaid that psychiatry enjoys general acceptance in the field of medicine. See Ake v. Oklahoma, --- U.S. ----, 105 S.Ct. 1087, 1096-97, 84 L.Ed.2d 53 (1985) ("[P]sychiatrists ideally assist lay jurors, who generally have no training in psychiatric matters, to make a sensible and educated determination about the mental conditions of the defendant at the time of the offense."). The mere fact that there may be conflicting testimony by experts is not a sufficient basis to exclude such evidence. Indeed, not uncommonly, there is conflict among experts on most any subject.

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