Forensic psychological evaluations are useful in examining specific mental health aspects related to legal statutes in civil and criminal court cases.
Attorneys may utilize forensic experts as a consultant that may effectively assist in their case.
Psychologists must rely on empirically based research, actuarial instruments, and objective psychological tests. The advocate relies upon their clinical opinions relevant to the court case.
Evaluations are a multi-step process that includes consultation with your attorney to clarify referral question, patient completing forms for the evaluation, review of collateral documentation provided by attorney and/or patient, and patient completion of general mental health screeners.
During the evaluation appointment, you will meet with a psychologist for 1-3 hours for a structured diagnostic clinical interview. This can be done virtually or in-person as requested. The appointment may also include in-person or remote psychological assessments depending on the chief complaint and referral question.
Your psychological evaluator will score the assessments, review collateral information, interpret results, and write the report that includes diagnostic impression and interpretation, forensic opinion (as indicated) pertaining to the penal code, and treatment recommendations. Feedback session is provided to patient and follow-up is completed with the attorney as needed.
In the circumstance where a testimony will be required, the attorney and evaluator will collaborate on securing fees, discussing examination questions, and consultation regarding the evaluation details.
Psychiatric evaluations pertaining to mental health and penal codes for criminal court
Judges often recognize that individuals may end up with an arrest and/or criminal charge as a result of behavior that seems out of character for that person. For these reasons, the court may graciously allow the individual to enter a diversion program. The "diversion" in this context means they are diverting the case away from a criminal record, and towards some form of counseling or treatment so that there is a reduced likelihood that criminal behavior will occur in the future.
“Not guilty by reason of insanity” is a plea entered by a defendant in a criminal trial, where the defendant claims that they were so mentally disturbed or incapacitated at the time of the offense that they did not have the required intention to commit the crime, and are therefore not guilty.
Competency to Stand Trial is a legal decision made by a judge that determines if a criminal defendant is able to proceed with the legal process. It is also called adjudicative competence or fitness to proceed. It includes assessing the defendant’s psychiatric, medical, and social histories, the defendant’s competence as it relates to trial-related tasks is evaluated. It is an evaluation of the defending in their capacity to understand the nature of the charges and their potential consequences, a
Capacity refers to an assessment of an individual’s psychological abilities to form rational decisions, specifically the individual’s ability to understand, appreciate, and manipulate information, and form rational decisions. Capacity is determined by psychiatrist or psychologist for the purpose of an individual being able to understand relevant information, appreciate the situation and it's consequences, and ability to make rational decisions.
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