“…Legal insanity is a legal matter, and therefore, in some jurisdictions, experts are not allowed to make explicit statements about the defendant's sanity; they should restrict themselves to describing the presence, nature and (behavioral) impact of a mental condition. However, in others, such as The Netherlands and Italy, psychiatrists and psychologists are allowed—and even asked—to make statements about the defendant's sanity. - Research shows that forensic experts often disagree about the final judgement on criminal responsibility regarding the same case (Gowensmith et al., 2013; Guarnera & Murrie, 2017);
- Standardized procedures on how to perform an insanity defense evaluation, as well as biological markers, are lacking (Beckham et al., 1989; Meyer & Valença, 2021).
- The forensic evaluators' decisional processes may be influenced by the presence of unintentional or cognitive biases, money, prestige, and the amount of public attention attracted by the case (Beckham et al., 1989; Commons et al., 2004; Dattilio et al., 2006; Homant & Kennedy, 1986; Murrie et al., 2013).
…”