美国国家公共电台 NPR Justices Split Over Defendants' Right To Mental Health Expert Witnesses

 

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The U.S. Supreme¹ Court heard arguments today in a case that could have implications for death row inmates². It was brought on behalf of a man from Alabama. At issue is whether an indigent³ defendant⁴ whose sanity⁵ is a significant factor is entitled to an independent expert witness. NPR legal affairs correspondent Nina Totenberg reports.

NINA TOTENBERG, BYLINE⁶: Today's case goes back to 1985 and an 8 to 1 decision in a case called Ake versus⁷ Oklahoma. It declared that when a defendant's mental status is an issue, he's entitled to a competent psychiatrist⁸ to assist in his defense⁹. In the 32 years since that decision, the states, prodded¹⁰ by lower court rulings in state and federal courts, have come around. And today, all of them, including Alabama, provide such assistance. And yet some defendants¹¹ who did not have that expert witness assistance at their trials remain on death row.

The case before the Supreme Court today is one of those. James McWilliams Jr. was sentenced to death in 1986, a year after the Ake case, for the rape¹² and murder of a convenience store clerk. There was overwhelming evidence of his guilt¹³. The only real question was, would he get the death penalty or life in prison?

The trial judge ultimately sentenced McWilliams to death, citing testimony¹⁴ at the trial from two state-employed psychiatric experts who said he was faking his mental illness. Under Alabama law, those expert witnesses were considered neutral. Their evidence and conclusions were available to both sides. But today on the steps of the Supreme Court, lawyer Stephen Bright of the Southern Center for Human Rights said there is no effective way for the prosecution¹⁵ and defense to share an expert witness.

STEPHEN BRIGHT: It's an adversary¹⁶ system. There's just not one holy seer who tells us what the mental health of a defendant is.

TOTENBERG: Alabama Attorney General Steve Marshall conceded that Alabama now provides for a separate expert witness for the defense, but he contended that shouldn't affect the sentences of others who were sentenced without that help.

STEVE MARSHALL: This defendant was given the protections that he was entitled to with the law at the time, not what the law requires now.

TOTENBERG: Inside the courtroom, Justice Anthony Kennedy appeared likely to cast the deciding vote. He seemed to be wrestling with the rule laid down in the 1985 case. Justice Kennedy - could a single expert witness meet with both sides? No, replied lawyer Bright. You can't work both sides of the street in a criminal case. A few moments later, he added, I'd like to point out that the defense lawyers here were really sandbagged.

Two months before, the defense had asked for a neuropsychiatric examination and prison mental health records. Then, 48 hours before the sentencing hearing, the state produced the results of the exam. It showed traumatic brain dysfunction. And on the morning of the hearing, the defense received 1,200 pages of prison medical records which showed, among other things, that the defendant was taking psychotropic drugs. The defense asked for continuance, which the judge denied. And the judge sentenced McWilliams to death.

Justice Alito - it sounds like you want an expert who would function as a defense witness. How could an expert appointed by the court serve that function? Answer - in the same way that a court-appointed lawyer represents the defendant.

Representing the state in the Supreme Court today, Alabama Solicitor¹⁷ General Andrew Brasher found himself under the eagle eye of Justice Elena Kagan. Quoting from the 1985 Ake case that is central here, she read what she called the money sentence. We hold that when the defendant makes a preliminary showing that mental health is going to be an issue, the state must assure the defense adequate access to a competent psychiatrist who will assist in evaluation¹⁸, preparation and presentation of the defense. And that, she said, means somebody on the defendant's side. Chimed in Justice Breyer - here it seems to me the defendant certainly did not get that help.

Nina Totenberg, NPR News, Washington.

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1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 inmates   

n.囚犯( inmate的名词复数 )

参考例句：

• One of the inmates has escaped. 被收容的人中有一个逃跑了。 来自《简明英汉词典》
• The inmates were moved to an undisclosed location. 监狱里的囚犯被转移到一个秘密处所。 来自《简明英汉词典》

3 indigent   

adj.贫穷的，贫困的

参考例句：

• The town government is responsible for assistance to indigent people.镇政府负责给穷人提供帮助。
• A judge normally appoints the attorney for an indigent defendant at the defendant's first court appearence.法官通常会在贫穷被告人第一次出庭时，为其指派一名辩护律师。

4 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

5 sanity   

n.心智健全，神智正常，判断正确

参考例句：

• I doubt the sanity of such a plan.我怀疑这个计划是否明智。
• She managed to keep her sanity throughout the ordeal.在那场磨难中她始终保持神志正常。

6 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

7 versus   

prep.以…为对手，对；与…相比之下

参考例句：

• The big match tonight is England versus Spain.今晚的大赛是英格兰对西班牙。
• The most exciting game was Harvard versus Yale.最富紧张刺激的球赛是哈佛队对耶鲁队。

8 psychiatrist   

n.精神病专家；精神病医师

参考例句：

• He went to a psychiatrist about his compulsive gambling.他去看精神科医生治疗不能自拔的赌瘾。
• The psychiatrist corrected him gently.精神病医师彬彬有礼地纠正他。

9 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

10 prodded   

v.刺，戳( prod的过去式和过去分词 )；刺激；促使；（用手指或尖物）戳

参考例句：

• She prodded him in the ribs to wake him up. 她用手指杵他的肋部把他叫醒。
• He prodded at the plate of fish with his fork. 他拿叉子戳弄着那盘鱼。 来自《简明英汉词典》

11 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

12 rape   

n.抢夺，掠夺，强奸；vt.掠夺，抢夺，强奸

参考例句：

• The rape of the countryside had a profound ravage on them.对乡村的掠夺给他们造成严重创伤。
• He was brought to court and charged with rape.他被带到法庭并被指控犯有强奸罪。

13 guilt   

n.犯罪；内疚；过失，罪责

参考例句：

• She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
• Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。

14 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

15 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

16 adversary   

adj.敌手，对手

参考例句：

• He saw her as his main adversary within the company.他将她视为公司中主要的对手。
• They will do anything to undermine their adversary's reputation.他们会不择手段地去损害对手的名誉。

17 solicitor   

n.初级律师，事务律师

参考例句：

• The solicitor's advice gave me food for thought.律师的指点值得我深思。
• The solicitor moved for an adjournment of the case.律师请求将这个案件的诉讼延期。

18 evaluation   

n.估价，评价；赋值

参考例句：

• I attempted an honest evaluation of my own life.我试图如实地评价我自己的一生。
• The new scheme is still under evaluation.新方案还在评估阶段。