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TABLE 6. Clear Errors.

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





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