Abstract

The diagnostic criteria for New York’s “extreme emotional disturbance” defense1 will not be found in the DSM-III-R or in any future psychiatric manual of nosology. It is important for psychiatrists to understand the statutory and case law operational criteria for this hybrid creature of the law, as well as the distinctions between extreme emotional disturbance, diminished capacity, diminished responsibility, and the insanity defense. The ability of psychiatrists to make an effective and meaningful contri-bution to the legal process, when they participate in cases involving this affirmative defense, will be predicated on such an understanding as well as on their clinical psychiatric expertise. As a convenient resource, brief summaries of the leading New York cases on extreme emotional distur-bance, which are discussed in this chapter, are offered in the Appendix.

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