Malingering and Sentence Enhancement

Journal of the American Academy of Psychiatry and the Law

article

Emily Brown¹  Brie Pileggi-Valleen¹ 

[1] Direct Care and Treatment - Forensic Services Forensic Psychology Department Minnesota Department of Human Services St. Peter

关键词: competency;    feigning;    malingering;    obstruction of justice;    sentence enhancement;   

DOI  :  10.29158/JAAPL.210043L1-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

competencyfeigningmalingeringobstruction of justicesentence enhancementSentencing Enhancement Is Permitted When a Defendant Obstructs Justice by MalingeringIn U.S. v. Bowling, 952 F.3d 861 (7th Cir. 2020), Monique Bowling argued (in part) that the district court erred when enhancing her sentence for obstructing justice by malingering. The Seventh Circuit Court of Appeals affirmed the lower court's decision, holding that the district court's finding that Ms. Bowling was malingering was not clearly erroneous and that there was no reason to upset the district court's finding that she deliberately exaggerated her symptoms and remained mute to unnecessarily delay the proceedings.

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