The Problem of the Malingering Defendant
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.
KeywordsMental Illness State Hospital Criminal Responsibility Defense Attorney Correction Officer
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