The New DSM-5 Impacts Many Areas of Law

The American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, commonly referred to as the DSM-5, is a standard reference source that classifies mental disorders. The DSM-5 is the update to the DSM-IV, which was last revised thirteen years ago in a text revision. The DSM-5 has made many changes in the classification of mental disorders, including changes relating to Asperger syndrome, schizophrenia, depressive disorders, gender identity issues, and gambling disorder.

The DSM is used by lawyers practicing in a surprisingly wide range of legal areas.  Criminal lawyers turn to the DSM, as mental disorders are frequently litigated in the courts. The DSM-5 has been controversial among psychiatrists, and this controversy may play out in the criminal law. One controversial change in the new edition is to the classification of intellectual disability (formerly known as mental retardation). The DSM-IV classified an individual with an IQ below 70 as having an intellectual disability. The DSM-5 removes this cut and dry classification, and instead counts IQ scores as one of the factors to consider, along with meeting recognized developmental standards in diagnosing an intellectual disability. This can impact criminal law, especially in the sentencing of individuals in capital punishment cases. Read more about the DSM-5’s impact on criminal law in the North Carolina Criminal Law blog.

Law bloggers from other fields have also picked up on the changes in the DSM-5. Writers have recently commented on the impact of the new standard in employment law, special education law, gender and the law,  family law, and health law to name a few.

We currently have the DSM-IV in the reference stacks. Our copy of the new DSM-5 will be arriving shortly.