The education and training of this individual is threefold. He or she is a medical doctor. He continues training as a psychiatrist. Thirdly, he trains to answer questions about psychiatric classifications as related to the law. The forensic psychiatrist determines whether someone is fit to stand trial or not.
For legal purposes, the finding of insanity is very stringent. First the mental status is diagnosed. Then, the subject must have been unable to judge what he was doing was wrong. That incompetency had to have been in effect when the crime was committed.
A prime example is a person who functions in a relatively normal way under the influence of the appropriate medication. But, when he is not monitored, he thinks he does not need the medication any longer. It is not true because when he stops taking it, he becomes unable to tell what is right and what is 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.
In the majority of cases he will be accused of a violent crime. It may range from a kidnapping and murder, to a rape. The rights of the accused should be protected. More importantly, the public must be protected from these violent predators. There will be new victims if the perpetrator, mentally ill or not, is let loose again.
It cannot be stressed enough that the medicated schizophrenic may appear in touch with reality while medicated. However, it is rare that he will, without supervision, continue on the medication as prescribed. Then he is once again, highly dangerous to anyone who crosses his path at the wrong time.
The psychiatrist testifies under oath as an expert witness. First, he spends time diagnosing the accused. He spends hours evaluating him. Then he relates in court an opinion that is not influenced by either attorney. It is usual, however, that a prosecutor will hire him only if that opinion supports a guilty verdict. Conversely, a defense attorney will hire him if he finds the accused innocent.
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.
Guidelines are in place as to how many years in prison are imposed for each specific crime. Guidelines are also in place for the psychiatrists determination of competency. His diagnosis must comply with them.
To be legally insane, the accused must have been incapable of realizing the consequence of the crime he committed. The wrongness of the act must be unrealized due to mental incapacity. His mental capacity to understand right from wrong must be compromised. If the judge or psychiatrist do not determine the truth, the public can be put in danger in the future. Dangerous predators have been released to prey on innocent victims again.
For legal purposes, the finding of insanity is very stringent. First the mental status is diagnosed. Then, the subject must have been unable to judge what he was doing was wrong. That incompetency had to have been in effect when the crime was committed.
A prime example is a person who functions in a relatively normal way under the influence of the appropriate medication. But, when he is not monitored, he thinks he does not need the medication any longer. It is not true because when he stops taking it, he becomes unable to tell what is right and what is 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.
In the majority of cases he will be accused of a violent crime. It may range from a kidnapping and murder, to a rape. The rights of the accused should be protected. More importantly, the public must be protected from these violent predators. There will be new victims if the perpetrator, mentally ill or not, is let loose again.
It cannot be stressed enough that the medicated schizophrenic may appear in touch with reality while medicated. However, it is rare that he will, without supervision, continue on the medication as prescribed. Then he is once again, highly dangerous to anyone who crosses his path at the wrong time.
The psychiatrist testifies under oath as an expert witness. First, he spends time diagnosing the accused. He spends hours evaluating him. Then he relates in court an opinion that is not influenced by either attorney. It is usual, however, that a prosecutor will hire him only if that opinion supports a guilty verdict. Conversely, a defense attorney will hire him if he finds the accused innocent.
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.
Guidelines are in place as to how many years in prison are imposed for each specific crime. Guidelines are also in place for the psychiatrists determination of competency. His diagnosis must comply with them.
To be legally insane, the accused must have been incapable of realizing the consequence of the crime he committed. The wrongness of the act must be unrealized due to mental incapacity. His mental capacity to understand right from wrong must be compromised. If the judge or psychiatrist do not determine the truth, the public can be put in danger in the future. Dangerous predators have been released to prey on innocent victims again.
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