Going to Trial with ‘Hidden Disabilities’
Not everyone is familiar with the condition of Asperger Syndrome, or other psychological illnesses. Dr Marzio Ascione speaks on how Expert Witnesses help the court and its jury understand the wonders of ‘hidden disabilities’.
In what way can an expert witness influence in a case where the defendant has Asperger Syndrome?
In a court case with a jury, many of those selected may be unaware of the reasons for the defendant’s actions, mainly because they are uncertain how much the condition impacts on that individual’s view of the world. In other words, they may have no way of knowing at that point what the defendant’s understanding was at the time of their alleged crime. Even the judge may be lacking in knowledge. It could mean that the individual’s actions are misinterpreted.
To get round this difficulty an expert witness could help get the defence and prosecution explain the condition by producing a set of relevant facts related to Asperger Syndrome in general, and how the condition can manifest itself in individuals.
Often Autism and Asperger Syndrome is undiagnosed – especially amongst those aged 30 and older and it’s only recently that the condition has come to mainstream public attention. Many experts still refer to it today as ‘the hidden disability’. The Expert may help in a case where the defendant has Asperger Syndrome (High Functioning Autism) in verifying the condition. They can also offer a helpful contribution in understanding whether the offence was partially escalated by the mental health condition.
If it’s confirmed that the defendant has Asperger Syndrome or Autism then, instead of being tried under the Criminal Justice Act, he or she could face court proceedings under the Mental Health Act, if the judge decides so. That’s because under the International Classification of Diseases, Autism is referred to as a ‘Mental and Behavioural Disorder’, specifically with regard to psychological development.
Some individuals with the disorder are not fit to plead their case in court and this is when psychological reports are needed to clarify with both, the judge and jury, that this is indeed the case.
In what way can a Clinical Psychologist Expert Witness prove invaluable in cases of medical negligence?
It can’t have escaped many people’s notice that the number medical negligence claims in the UK within recent years has pretty much rocketed. Particularly prevalent are alleged injuries sustained in disciplines such as A&E and Orthopaedics. Amputations and brain injuries also come high up the list of cases that end up in court. All these injuries may come with some sort of psychological consequence – whether that’s in terms of anxiety, depression or neuropsychological (cognitive) impairment.
In recent years the term peri-traumatic disassociation has also started receiving attention. This is when, immediately after the medical trauma, the individual experiences a sense of time slowing down, an out-of-body experience or disorientation. If it continues, a peri-traumatic experience can result in post traumatic stress disorder (PTSD) and which can, of course, take some time to manifest itself.
A Clinical Psychologist or a Psychiatrist with medico-legal experience can assist in determining how much of a claimant’s current psychological distress is as a result of their medical trauma.
How can a medico-legal expert witness help in immigration cases?
An applicant for asylum might have mental health issues as a consequence of torture, an abusive environment or neglect in their country of origin. In such instances solicitors and judges may seek corroborative evidence from Psychologists or Psychiatrists in the form of a mental health assessment.
PTSD, depression, anxiety and panic attacks are very common presentations in these cases. An expert witness could also show how the applicant’s psychological symptoms correspond with a particular torture regime (ie in terms of phobias) and a specific timeline. The medical expert could also point out that extradition to their home country could cause the applicant’s current mental state to deteriorate further and that they would be unable to access necessary medical procedures there.
Dr Marzio Ascione
85 Wimpole St, London W1G 9RJ1
Snow Hill Court, London EC1A 2DH
185 Mill Rd, Cambridge, CB1 3NF
020 7206 2686
info@cbtneuropsychologycentre.co.uk
Dr Marzio Ascione, Consultant HCPC registered Clinical Psychologist and Associate Fellow of BPS. Dr Ascione has over 18 years’ experience in working as a Clinical Neuropsychologist and mental health expert within the NHS and private sector. He is Cardiff University Law School Bond Solon Expert Witness accredited. He carries out between 40 to 50 reports per year.
Dr Ascione leads the CBT & NEUROPSYCHOLOGY CENTRE (CBTNPC), a private mental healthcare practice with clinics in London and Cambridge. CBTNPC offers comprehensive Autistic Spectrum Disorder (ASD) and Learning Disability (LD) assessment and provides adapted CBT interventions for these conditions.
