Culture and Expert Psychiatric Evidence

Expert Evidence, Chapter 53, ed. Ian Freckelton QC and Hugh Selby (Thomson Reuters, 2015)

King's College London Law School Research Paper No. 2015-43

37 Pages Posted: 10 Sep 2015 Last revised: 8 Nov 2015

See all articles by Harry Minas

Harry Minas

University of Melbourne - Melbourne School of Population and Global Health

Danny Sullivan

Victorian Institute of Forensic Medicine

Stephen Minas

Peking University - Peking University School of Transnational Law

Date Written: August 20, 2015

Abstract

There is extensive evidence that we should take into account a patient’s beliefs in evaluating the presence and severity of illness and disability, and in predicting a patient’s response to treatment. Health and legal systems in multicultural societies face many challenges. Cultural minorities, particularly those with limited English fluency, are disadvantaged in the medical system due to barriers to access to appropriate services or to the full range of mental health services, many of which are language-based. This also applies in the legal system. Courts and tribunals have been willing to hear evidence of cultural factors across a range of practice areas. Evidence of cultural factors can assist courts and tribunals in arriving at determinations. Without an adequate appreciation of relevant cultural matters, courts and tribunals may arrive at incorrect and unjust decisions.

Keywords: Evidence, Expert Evidence, Advocacy, Litigation, Mental Health

JEL Classification: K41

Suggested Citation

Minas, Harry and Sullivan, Danny and Minas, Stephen, Culture and Expert Psychiatric Evidence (August 20, 2015). Expert Evidence, Chapter 53, ed. Ian Freckelton QC and Hugh Selby (Thomson Reuters, 2015); King's College London Law School Research Paper No. 2015-43. Available at SSRN: https://ssrn.com/abstract=2648672

Harry Minas (Contact Author)

University of Melbourne - Melbourne School of Population and Global Health ( email )

4/207 Bouverie Street
Parkville, Victoria
Australia

Danny Sullivan

Victorian Institute of Forensic Medicine ( email )

57-83 Kavanagh Street
South Bank, Victoria 3006
Australia

Stephen Minas

Peking University - Peking University School of Transnational Law ( email )

Shenzhen
China

Register to save articles to
your library

Register

Paper statistics

Downloads
42
Abstract Views
345
PlumX Metrics
!

Under construction: SSRN citations will be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information