"Hired guns," "Whores, "prostitutes": Case law references to clinicians ofill repute

The "hired gun phenomenon" is a recurrent topic In forensic psychiatric sho p talk, but scholars have conducted very little systematic investigation of how courts respond to the suggestion that mental health testimony is "for sale." This article examines the issue using findings from a computer searc h of court decisions that make, or refer to, derogatory statements concerni ng mental health experts. The search strategy, using the root words or sear ch terms "(prostitut! or whore or hired gun) w/100 psych!," yielded 567 cas es, 45 (7.9%) of which contained comments about professionals' ethics. In 3 5 opinions, professionals were termed or compared with "hired guns"; five c ases described testifying experts using the word "whore," and five cases us ed some variation on "prostitute," Most cases referred to psychiatrists (ra ther than psychologists); specific clinicians were identifiable in 26 cases . Over half the remarks occurred in appeals of criminal convictions and con cerned psychiatric testimony at trial or before sentencing, Prosecutors wer e the most common sources of disparaging statements; appellate courts usual ly disapproved of their remarks but did not reverse convictions. Appellate decisions themselves were the second most frequent sources of derogatory re marks. These findings document the perception among legal professionals tha t many mental health experts are unscrupulous.