David Harris in the Tribune Review About Mental Health Information Used at Sentencing
In the sentencing phase of a child pornography case in Pennsylvania, the defendant’s attorney argued that his action were connected in part to his diagnosis of Tourette Syndrome. Professsor David Harris explained to the Pittsburgh Tribune-Review that this would not be a defense to the crime, but that judges hear a wider array of arguments at a sentencing hearing than they would for the determination of guilt or innocence. “This testimony from the forensic psychologist is not being used to excuse or justify his conduct in a way that would result in his being acquitted. It is being used to offer an explanation to the judge as to how he ended up in this situation,” Harris said.