The Problem of the Malingering Defendant

  • Daniel W. Schwartz
Part of the Critical Issues in American Psychiatry and the Law book series (CIAP, volume 2)


The title of this chapter may be somewhat misleading, for the malingering defendant really poses numerous problems. Such problems include, but are not limited to, the following: the identification of the malingerer; the proper handling of him in a correctional or detentional institution; the appropriate psychiatric treatment; an understanding of why certain people malinger and why those who do choose certain specific symptoms; and, last but not least, the problem of proving in a court of law that a defendant is, in fact, malingering. A discussion of all these problems would fill a good-sized book. Moreover, we would still not have an adequate understanding of the psychodynamics and ego psychology of the malingerer. In this chapter, then, I shall try briefly to present a picture of the malingerer, raise some legal problems, and suggest some practical solutions.


Mental Illness State Hospital Criminal Responsibility Defense Attorney Correction Officer 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.


Unable to display preview. Download preview PDF.

Unable to display preview. Download preview PDF.


  1. 1.
    Webster’s Third New International Dictionary, Unabridged. Springfield, MA, G and C Merriam, 1965.Google Scholar
  2. 2.
    Black’s Law Dictionary, Revised 4th Ed. St. Paul, Minn., West Publishing, 1968. 3Campbell, RJ: Psychiatric Dictionary, Fifth Edition. New York, Oxford University Press, 1981.Google Scholar
  3. 4.
    Diagnostic and Statistical Manual of Mental Disorders, 3rd Ed. Washington, DC, Amer Psychiatric Assn, 1980.Google Scholar
  4. 5.
    Rosenhan, DL: On being sane in insane places. Science 179:250–258, 1973.PubMedCrossRefGoogle Scholar
  5. 6.
    Wilson v U.S., 391 F.2d 460 (1968) and People y Francabandara, 354 N.Y.S.2d 609; 33 N.Y.2d 429 (1974).Google Scholar
  6. 7.
    Baxstrom v Herold, 383 U.S. 107 (1966).Google Scholar
  7. 8.
    HJackson v Indiana, 406 U.S. 715 (1972).Google Scholar

Copyright information

© Plenum Press, New York 1985

Authors and Affiliations

  • Daniel W. Schwartz
    • 1
  1. 1.Department of Psychiatry, Downstate Medical CenterState University of New YorkBrooklynUSA

Personalised recommendations