Confusing competence to stand trial with insanity |
Equating mental disorder with insanity |
Equating psychosis at the time of the act with insanity |
Equating current psychosis with insanity |
Equating abnormal brain imaging with insanity |
Referring to global or abstract wrongfulness (rather than focusing on knowledge of wrongfulness for the crime charged and at the time of the crime) |
Failure to review relevant medical records |
Failure to review police reports, defendant statements, and other relevant collateral information |
Failure to interview the defendant |
Failure to analyze every offense in a multiple offense crime |
Failure to support opinion with factual data |
Failure to support testimony with factual data (Ipsi dixit testimony) |
Failure to use the correct legal standard for sanity |
Failure to address causal nexus between mental disorder and cognitive and/or volitional prongs |
Failure to address all prongs of the sanity test |
Failure to consider motives for the offense that do not flow from mental disorder |
Psychodynamic explanation for the offense given as an excuse (rather than focusing on the legal standard for sanity) |
Failure to consider voluntary intoxication versus insanity |
Failure to consider malingering |