The Psychiatrist on Trial

Abstract

A psychiatrist who examines a criminal defendant pleading insanity may have the notes he takes in such an examination subpoenaed by the opposition. In Illinois, if such notes are “personal” rather than part of the record he may be able to keep them confidential. This article describes such a situation in which a subpoena is contested, and the arguments used to support the psychiatrist. The psychiatrist-witness here becomes a defendant. Wider ranging principles are established in the outcome which could be rewarding to all psychiatric patients.