Legal responsibility for acts presumes that a person's behavior is rationally intentional and under voluntary control. Automatism, a type of insanity defense, contends that the person's conscious, voluntary control of behavior has been impaired by a mental disorder. In a recent case in South Carolina, automatism was offered as a defense to adultery, an at-fault grounds for divorce. On appeal, the State Supreme Court recognized the novel application of mental impairment defenses in domestic litigation and remanded the case for rehearing. Implications of the ruling for clinical and forensic practice in family court are discussed.
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References
1.
American Psychological Association. (1992) Ethical principles of psychologists and code ofconduct. American Psychologist, 47, 1597–1611.
2.
AppelbaumP. S.GutheilT. G. (1991) Clinical handbook of psychiatry and the law. Baltimore, MD: Williams & Wilkins.
3.
Committee on Ethical Guidelines for Forensic Psychologists. (1991) Specialty guidelines for forensic psychologists. Law and Human Behavior, 15, 655–665.
4.
GillisJ. R.RogersR. (1990) Ethical issues in forensic assessments. In MargenauE. (Ed.), The encyclopedic handbook of private practice. New York: Gardner. Pp. 759–768.
5.
GrissoT. (1986) Evaluating competencies: Forensic assessments and instruments. New York: Plenum.
6.
LoewyA. H. (1975) Criminal law. St. Paul, MN: West.
7.
MeltonG. B.PetrilaJ.PoythressN. G.SloboginC. (1987) Psychological evaluations for the courts. New York: Guilford.
8.
MeyerR. G. (1993) The clinician's handbook. (3rd ed.) Boston, MA: Allyn & Bacon.
9.
MeyerR. G.LandisE. R.HaysJ. R. (1988) Law for the psychotherapist. New York: Norton.
10.
PopeK. S.ButcherJ. N.SeelenJ. (1993) The MMPI, MMPI-2, & MMPI-A in court: A practical guide for expert witnesses and attorneys. Washington, DC: American Psychological Association Press.
11.
RohmanL. W.SalesB. D.LouM. (1987) The best interests of the child in custody disputes. In WeithornL. (Ed.), Psychology and child custody determinations. Lincoln, NE: Univer. of Nebraska Press. Pp. 59–105.
12.
WalkerT. B.ElrodL. D. (1993) Family law in the fifty states: An overview. Family Law Quarterly, 26, 319–421.
