Wednesday 20 April 2016

By Robert McDonald


Psychiatry and psychology have always been popular majors. When it comes to forensic psychiatry, interest is more limited. As a sub-specialty, it is a subsection of psychiatry involved with criminology. Psychiatry looks at the evolution and condition of the mind. Whereas, this aspect combines the legal and medical ramifications of a crime. By combining these two fields, these psychiatrists can often determine a number of facts related to a crime or crime scene.

Those working in this area generally provide psychological testing for suspects. When asked to assist in solving crime, these individuals have been known to visit crime scenes or discuss suspect behaviors with family members. All of which can help determine whether or not an individual is competent to stand trial.

Whereas, traditional psychiatrists and psychologists work with individuals on a number of mental issues. In some cases, these individuals only need therapy. In others, prescription medication which can only be prescribed by a medical professional or psychiatrist is required.

Providing views related to guilt or innocence based on mental capacity is another aspect of an expert witness. These individuals are often called as an expert witness when a judge or jury can not understand the facts of a case. At which time, the psychiatrist is asked to provide a detailed opinion in the case. In most cases, these individuals have already submitted a report relating this information to the court.

Whether civil or criminal, these individuals can be called as an expert witness. Sometimes it is to give an opinion on a specific issue. At other times, it can be to declare the mental well being of a suspect. Whatever the case, an expert witness will have already prepared and submitted a lengthy report detailing the medical condition of the suspect. After which, the judge must consider this opinion to determine whether not an individual is competent to stand trial.

While this is the case, these type psychiatrists are only allowed to testify if and when facts can not be understood by judge or jury. When testifying, these individuals will be asked to form an opinion based solely on the facts of a case. The psychiatrist must include the approaches, concepts and methods used to determine each and every opinion in a case.

As stated, this is only an opinion as to whether not the the individual understood an action or actions at the time the crime was committed. Different states have different laws governing the use of expert witnesses. In most cases, if a person is found incompetent to stand trial, jail sentences will either be shortened or eliminated.

If an individual is later found competent to stand trial, a sentence can often be reduced by the number of days, months or years spent at the institution. In cases of major crimes, some individuals may be referred to prison based care rather than a traditional mental health facility. If found guilty by reason of insanity, those committing serious crimes such as serial killings will most often still receive a life sentence.




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