Tuesday 17 May 2016

By Gary Ward


Psychiatry is one of the fields of medicine that has several other sub-specialties under it. Forensic psychiatry is one of those sub-specialties and it has close relationship to criminology. The abbreviation FP will be adopted in this article. FP as a field provides an interface between psychiatry and law. Professionals who specialize in this area are called forensic psychiatrists. They have many responsibilities in law enforcement and court systems.

Forensic psychiatrists work with the court system in determination of the competency of individuals to stand trials. The evaluations they provide on individuals serve as recommendations for sentencing. These individuals also act as expert witnesses for defendants in lawsuits. FP encompasses two areas of criminal evaluations, these are, MSO and CST. CST stands for Competency to Stand Trial while MSO stands for Mental State at the Time of the Offence.

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.

When psychiatrists are hired to evaluate mental fitness in court, both the defense and prosecution usually have their own professionals. Psychiatrists get employed to care for prisoners in prison and jail. Additionally, their services are needed in caring for individuals who are mentally ill and as a result of their mental illness, they have been free from their crimes.

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.




About the Author:



#end

Tagged:

0 comments:

Post a Comment

Mental Health Systems © 2013 | Powered by Blogger | Blogger Template by DesignCart.org