Places Where Forensic Psychiatry Is Applied

By Gary Ward


Psychiatry as a field of medicine also has other sub-specialties under it. One of those sub-specialties is forensic psychiatry, which is also closely related to criminology. For the purpose of this article, the abbreviation FP will be used. FP is a field that interfaces the fields of psychiatry and law. Specialists in this field are referred to as forensic psychiatrists. They do many tasks in the court and law enforcement systems.

The work of forensic psychiatrists involves determining if defendants are in a position to be tried a court of law. Sentencing is often done based on the recommendations they provide. Defendants can also hire these professionals to work as expert witnesses to assist with their case. CST and MSO are the two areas encompassed in criminal evaluations. Competency to stand trial is abbreviated as CST while mental state during time of offence is abbreviated as MSO.

Competency to Stand Trial evaluates the mental capacity of an individual to understand the charges they face in a court. Besides providing the aforementioned evaluation, it also seeks to prove if the individual has the level of sanity needed to help their lawyer with fighting the case. In the constitution of the US, this provision falls under the Fifth Amendment. Under the provision, one should be able to assist the attorney in preparing defense, face their accuser, and be present during their trial.

There are also times when these psychiatrists may be required to act as expert witnesses in civil or criminal cases. Here, they present an independent opinion to the court in the form of a report. They formulate their opinions and explain to the court the basis of their opinions. The judge or jury may base on the opinion given by the expert witness to make the final ruling.

FP professionals are also often employed to offer an opinion regarding the mental fitness of an individual when they committed a crime. The aim is determining if the defendant had knowledge that their actions were of a criminal nature. States differ in their application this psychiatric knowledge. Some use the knowledge heavily while other do not allow its use in their court systems.

Mental fitness is determined by psychiatrists based on three main standards of reasoning, that is, MNaghten rules, ALI test, and Durham rule. These standards may lead to dropping of charges against defendants because of lack of mental capacity during committing of a crime. The defendant is let free because they could not comprehend the criminality of their actions due to lack of the necessary mental capacity.

In court trial where a psychiatrist has been hired to determine mental fitness, both the prosecution and the defense will have their own psychiatrists. Psychiatrists are also employed to take care of prisoners in jail as well as prison. In addition, they also provide care for mentally ill individuals who not been charged with criminal conduct on the basis of mental unfitness.

The risk management profession is adopting FP at a high rate. FP is used to avoid future risks by placing suspected or potential offenders under the supervision of forensic psychiatric professionals. The professionals usually work as a team comprised of nurses, psychologists, care workers, and psychiatrists.




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