ABSTRACT

This chapter will explore the sometimes uneasy intersection of syndrome evidence and legal constructs. Syndromes are a grouping or constellation of symptoms used to identify an underlying undesirable condition. Psychiatric or psychological syndrome evidence can be helpful in legal settings in different ways. For example, expert testimony on psychological syndromes can be used to explain the behavior of offenders or victims. Three areas of syndrome evidence will be considered with specific attention afforded to their scientific status and current legal use. First, the use of Posttraumatic Stress Disorder evidence will be examined. The potential misuse of this relatively well-established psychiatry construct will also be discussed. Second, the controversies surrounding Rape Trauma Syndrome evidence will be considered. Third, the controversy surrounding Parental Alienation Syndrome will be explored. This syndrome is being used in family law despite a lack of scientific evidence to support it. The chapter will conclude with potential limitations of expert psychiatric or psychological witnesses, and will offer suggestions for more appropriate use of syndrome evidence.