Expert: Chris Wagoner - 12/19/2011

Question
Hello! I'm writing a story, and I'm wanting it to be as realistic as possible. A brief background: my main character Ben kills his parents but doesn't remember because he has disassociative identity disorder. He has been seeing a therapist to help him treat his disorder. He is now in police custody, and there is enough evidence to convict.

My question: Ultimately I would like Ben to end up under the care of his therapist. I'm just not sure if, when found in police custody, the therapist would be notified that Ben had committed a crime and then transferred into the therapist's care. Would a therapist be sent those kinds of records or be contacted? Would the police have access to Ben's medical records?

My other question: I don't know if you'd be able to answer this one, but I'm also wondering whether, after there being conclusive evidence that Ben did kill his parents, if his therapist could argue innocence by insanity. And, if so, would Ben be tried? Or just put into a psychiatric facility with his therapist? Again, I understand if you don't know the answer to this one. Just thought I'd ask!

Thanks!

Answer
Good afternoon Brad,

You are not the first writer who I have worked with on storylines and clarifying law enforcement techniques or practices for books. And I am happy to try and assist you in any way I can so feel free to post more questions if you come up with more law enforcement related issues.

Let's answer questions one at a time to help clarify it.

My question: Ultimately I would like Ben to end up under the care of his therapist. I'm just not sure if, when found in police custody, the therapist would be notified that Ben had committed a crime and then transferred into the therapist's care. Would a therapist be sent those kinds of records or be contacted? Would the police have access to Ben's medical records?

My answer, what you could do is at a court hearing shortly after your person is arrested (all people have what is called first appearance which must occur within 24 hours of being arrested, they have to appear before judge and they are given the charges against them and their asked for a plea.) You could have the judge stated that they are requiring the therapist have access to and be contacted about your protagonist Ben. That is not very far-fetched and does occur more often than people think.


My other question: I don't know if you'd be able to answer this one, but I'm also wondering whether, after there being conclusive evidence that Ben did kill his parents, if his therapist could argue innocence by insanity. And, if so, would Ben be tried? Or just put into a psychiatric facility with his therapist? Again, I understand if you don't know the answer to this one. Just thought I'd ask!

Actually I can answer this one, and your protagonist Ben would have to go through several court hearings in order to be found unable to be tried due to reasons of insanity. Once that happens the person is committed to a state facility for the criminally insane, and they then receive therapy there. However you want to try and work your therapist into that scenario would be up to you but it should not be too difficult. The judge in the case would order your protagonist to be evaluated by several outside psychiatrist who would then decide whether or not he was competent to stand trial based on insanity. If they were to come back and give the judge findings that he was actually insane, then he would not stand trial I would be committed to a mental facility.

If you have any more questions in regards to police policy and procedure or court policies or procedures feel free to post follow up.

Merry Christmas and Happy New Year.