Abstract
Mutism and mental illness have had a long-standing historical relationship with regard to the issue of competence to stand trial. This article reports a defendant who remained mute for 10 months and describes his use of the symptom of mutism in his malingering. Although mutism is frequently used by defendants for malingering, clinicians must have a high index of suspicion for the possibility. We recommend a comprehensive evaluation including neurologic workup, repeat interviews, observation of the defendant at unsuspected times for communicative speech with other inmates, study of handwriting sample, collateral nursing documentation, and, if necessary, Pentothal interviews to establish authenticity of mutism. The authors review the historical background and legal considerations of the relationship between mutism and malingering.
Footnotes
-
Dr. Daniel is associate professor of psychiatry at the University of Missouri School of Medicine, Columbia, MO, and superintendent of the Mid-Missouri Mental Health Center. Dr. Resnick is associate professor of psychiatry, Case Western Reserve University, Cleveland, OH, and director of forensic psychiatry, University Hospitals of Cleveland. This paper was presented at the Annual Meeting of the American Academy of Psychiatry and the Law, Albuquerque, NM, October 10–13, 1985.
- Copyright © 1986, The American Academy of Psychiatry and the Law
