Can a defendant's statements to psychiatrists and psychologists be used as evidence in the prosecution's case-in-chief?

California, United States of America


The following excerpt is from People v. Robertson, 255 Cal.Rptr. 631, 48 Cal.3d 18, 767 P.2d 1109 (Cal. 1989):

Defendant's statements to the prosecution psychiatrists and psychologists--in particular, given the nature of the offenses, those relating to his sexual behavior--were relevant to their evaluation of his mental state, which in turn was directly relevant to the ultimate issue of appropriate penalty. Consequently, under the 1977 law, introduction of the evidence in the prosecution's case-in-chief was not error. (Cf. People v. Mosher (1969) 1 Cal.3d 379, 399, 82 Cal.Rptr. 379, 461 P.2d 659.)

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