Peer review of psychiatric expert testimony. American Psychiatric Association's Council on Psychiatry and Law.

Among the most visible and controversial functions of psychiatrists has been their service as expert witnesses for the courts. Psychiatric testimony is called upon in a vast array of cases. In civil law, these include disputes over the capacities of persons to contract, write a will, or manage their affairs; suits alleging emotional harms as the result of tortious acts; and claims of malpractice against other psychiatrists. Criminal cases in which psychiatrists frequently appear range from hearings on defendants' competence to stand trial or to waive their rights, to trials based on pleas related to impaired mental states. Psychiatrists also testify in family law cases involving child custody and termination of parental rights, among others. Although this paper, for reasons of convenience, speaks primarily about psychiatric testimony in court, it is clear that psychiatrists perform similar functions in non-courtroom settings. They may provide testimony, for example, for administrative hearings, depositions, and peer review conferences. Moreover, their testimony is not always oral, sometimes taking the from of written evaluations or affidavits. Psychiatrists' roles