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Commentary: Expert Testimony as a Potential Asset in Defense of Capital Sentencing Cases

Dr. Edersheim is Staff Psychiatrist, The Law and Psychiatry Service, Massachusetts General Hospital, and Instructor of Psychiatry, Harvard Medical School, Boston, MA; Dr. Beck is Senior Psychiatrist, Department of Psychiatry, Beth Israel Deaconess Medical Center, Boston, MA, and Professor of Psychiatry, Harvard Medical School, Boston, MA. Address correspondence to: James C. Beck, MD, PhD, Department of Psychiatry, Harvard Medical School, 25 Shattuck Street, Boston, MA 02115. E-mail: jbeck1{at}bidmc.harvard.edu

Montgomery et al. have documented the extent to which jurors apparently do and do not rely on expert testimony regarding dangerousness and mental illness. This article reviews some of the methodological issues raised by their findings and argues that their results have potential value for appellate defense counsel in appealing death sentences in which trial counsel failed to introduce expert testimony on mental illness.