When Lawyers Diagnose: Memory Deficits, Politics, and the Ethics of Legal Defense. The Biden/Trump Dilemma.
by Lauro Amezcua-Patino, MD, FAPA.
Attorneys as Armchair Diagnosticians: Legal and Ethical Minefields
The recent events surrounding President Biden’s handling of classified documents have sparked outrage and raised concerns over a disturbing trend: lawyers overstepping their professional boundaries to make unsubstantiated medical diagnoses in support of legal arguments. In this particular case, a prosecutor went so far as to suggest “memory deficits” as a factor in the decision not to pursue charges, despite having no legitimate medical expertise. This blatant disregard for proper protocol raises serious ethical and legal issues that demand urgent attention from the justice system.
As someone who works in the field of Forensic Psychiatry, I am astounded by the audacity with which attorneys and judges make unfounded claims about diagnoses and treatments without any actual expertise or challenge. The dangerous merging of legal and medical realms is a cause for grave concern and must be addressed immediately.