A Forensic Psychiatrist Examines The Accused To Determine His Legal Mental Competence

By Sandra Gray


There are three segments of preparation completed in order to qualify to assess criminals. First, become a medical doctor. Second, complete additional training as a psychiatrist. Finally, undergo training relating to answering legal questions he will be working to prove or disprove on behalf of the court. The forensic psychiatrist protects the accused. More importantly, he protects the public from a likely violent predator.

The legal definition of insanity is more stringent than the medical community imposes. It begins with the diagnosis of his or her condition. In addition, to be declared legally insane means he had to have been incapable of telling right from wrong at the time the crime was committed.

One example is the patient who is functional when medicated regularly. However, this patient, when the medication is working, will think he no longer needs medication. This is untrue. When he goes off the medication, at that time he is incapable of telling right from wrong.

The alleged has his sanity judged as legally sane or insane. The psychiatrist advises the judge as to how to rule after his evaluation. His opinion is based on the mental state of the accused at the time he committed the crime being adjudicated.

This will, in the majority and perhaps all of the cases, be a violent crime. It may range from sexual assault to first degree murder. This expert is protecting the rights of the accused. He is also protecting the public from having a dangerous predator loose on the street.

The schizophrenic wears a mantle of normalcy when he is under the proper medication. The caveat is that, when unsupervised, he is unlikely to continue taking the pills. Gradually, he will return to the dangerous predator he was before starting on the medication.

The psychiatrist testifies in court under oath. He has had numerous interviews with the alleged criminal. He presents his qualified opinion without considering which attorney it supports. It is true though that the defense attorney only hires him as an expert witness if he supports innocence. Conversely, the prosecution hires him if he supports a verdict of guilty.

There may be a detailed report prepared for the judge. He is the only individual except for the jury that is supposed to be influenced. It will explain the reasoning behind the expert opinion. A judge has extensive legal understanding. He does not, however, have the background in psychiatry to decide competency on his own.

The judge has guidelines as to the number of years in prison he can sentence a criminal offender to for a specific crime. The psychiatrist has mental health guidelines. His diagnosis of legal competency must comply with those.

There are very specific criterion to be met. At the time the crime was committed, the accused must have been unaware of what he was doing. Alternatively, he could not appreciate the wrongfulness of the crime because of a mental disease. If the psychiatrist or the judge do not make correct determinations, the public will be endangered. If sent to a mental institution instead of prison, it is possible he may hurt someone there.




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