The execution of individuals with mental disorder is prohibited by international law, such that the presence of mental disorder, and how it is dealt with during the investigatory or trial and sentencing process, may render a conviction legally unsafe.  Although legal principles designed to protect those with mental disorder from the death penalty are not in dispute, for them to operate mental health professionals must be both equipped with relevant clinico-ethico-legal expertise and be prepared to engage in the process. Engaging in such cases represents the most extreme focus of the usual clinical, legal and ethical issues involved in all evaluations for criminal courts. Crucial to not avoiding engagement in such cases must be the recognition that they do not raise ‘different’ issues for forensic practitioners but merely offer extreme representations of those issues.  Dr Jay Sarkar is a Consultant with Victorian Institute of Forensic Mental Health, Forensicare and Spectrum Personality Disorder Service, Melbourne. He was previously an Adjunct Assistant Professor in Singapore. He has a particular interest in capital cases and provided expert testimony in over 100 cases and counting. His testimony has helped prevent deaths of many. Dr Danny Sullivan is a UK and Australian-trained forensic psychiatrist, currently Executive Director of Clinical Services of Forensicare, the statewide Victorian forensic mental health service. He has provided expert evidence in criminal matters in many jurisdictions for 20 years. Over recent years he has been involved with the Capital Punishment Justice Project and Project 39A, providing training to clinicians and the judiciary in India to address access to mental health assessment, treatment, and expert evidence for those subject to the death penalty.Associate Professor John KasinathanConsultant Forensic, Child, Adolescent and Generalist PsychiatristConjoint Associate Professor, UNSW MedicineClinical Director Adolescent Mental Health, Justice Health and Forensic Mental Health Network, NSW HealthMedical Director Adolescent and Young Adult Program, Northside Clinic St Leonards ResourcesCPJP – Standing for a world without the death penaltyProject 39A — Deathworthy Ashford J and Kupferberg M (2013) Death Penalty Mitigation: A Handbook for Mitigation Specialists, Investigators, Social scientists and Lawyers.  Oxford University Press, New YorkDeMatteo D, Murrie D, Anumba N and Keesler M (2011) Forensic Mental Health Assessments in Death Penalty Cases. Oxford University Press, New YorkEastman N, Krljes S, Latham R and Lyall M (2018) Handbook of Forensic Psychiatric Practice in Capital Cases, Second Edition, Death Penalty Project, London.Topic suggestion:If you have a topic suggestion or would like to participate in a future episode of Psych Matters, we’d love to hear from you.Please contact us by email at: [email protected]:This podcast is provided to you for information purposes only and to provide a broad public understanding of various mental health topics. The podcast may represent the views of the author and not necessarily the views of The Royal Australian and New Zealand College of Psychiatrists ('RANZCP'). The podcast is not to be relied upon as medical advice, or as a substitute for medical advice, does not establish a doctor-patient relationship and should not be a substitute for individual clinical judgement. By accessing The RANZCP's podcasts you also agree to the full terms and conditions of the RANZCP's Website. Expert mental health information and finding a psychiatrist in Australia or New Zealand is available on the RANZCP’s Your Health In Mind Website.

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