Forensic Science An Introduction to Scientific and Investigative Techniques Stuart H. James and Jon J. Nordby Page 1 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Forensic Psychiatry Chapter 29 Chapter Author: Robert L. Sadoff Presentation created by Greg Galardi, Peru, Nebraska Page 553 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

CRC Press: Forensic Science, James and Nordby, 2nd Edition Forensic Psychiatry Is a subspecialty of psychiatry that deals with people who are involved in legal matters, either criminal or civil Primarily assessment and evaluation of individuals, rather than the treatment of psychiatric patients P 593 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

History of Forensic Psychiatry Treatise of Medical Jurisprudence of Insanity, published in Boston, Mass. in 1838 by Isaac Ray Psychiatrists more involved in commitment procedures, changes in patient rights, and protecting the public through Tarasoff(1973) rulings in various states P 593 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Scope of Forensic Psychiatry Field of forensic psychiatry may be divided into three major subgroupings: Criminal forensic psychiatry Civil forensic psychiatry Administrative forensic psychiatry P 594 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Assessment of Competency In general, forensic psychiatrist is called upon to assess an individual’s mental state in one of three ways: Past – legal insanity or testamentary capacity Present – competency to stand trial Future – Prediction of dangerousness P 594 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Phases of Criminal Procedure Three phases of criminal procedure: Pretrial phase Trial phase Post trial Phase P 595 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Competency to Stand Trial To be found competent to stand trial, a defendant must be free of mental illness that impacts his or her ability to know what is happening in the case The Dusky case (1960) insists a defendant must have a rational as well as factual understanding of the case against him P 596 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Competency to Stand Trial Jackson v. Indiana (1972) – defendant committed to a civil hospital after charges were suspended and case treated as civil rather than criminal After a period of time, psychiatrist may be asked by court to give an opinion about whether defendant is competent to stand trial P 596 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

CRC Press: Forensic Science, James and Nordby, 2nd Edition Legal Insanity Most states follow McNaughten (1843) rule from England to determine sanity McNaughten rule is cognitive test of insanity Model Penal Code of the American Law Institute was used by Judge Bazelon in Brawner case (1972) P 597 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

CRC Press: Forensic Science, James and Nordby, 2nd Edition Legal Insanity Model Penal Code of the American Law Institute states: “A person would be found not guilty by reason of insanity if at the time of the commission of the crime the person lacked substantial capacity either to appreciate the criminality of their behavior or to conform his conduct to the requirements of the law.” P 597 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

CRC Press: Forensic Science, James and Nordby, 2nd Edition Legal Insanity Model Penal Code of the American Law Institute has three elements: Cognitive Cognative – emotional Volitional This test was used in Hinckley case in 1982 that led to John W. Hinckley being found not guilty by reason of insanity P 597 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

CRC Press: Forensic Science, James and Nordby, 2nd Edition Legal Insanity In 1984, Congress changed the law for Federal jurisdiction in 1984, adopting the Omnibus Crime Code for Insanity, which stated the person would not be found guilty by reason of insanity if at the time of the commission of the crime the defendant could not appreciate the criminality of his behavior P 597 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

CRC Press: Forensic Science, James and Nordby, 2nd Edition Legal Insanity Some states have adopted the “guilty but mentally ill” concept Pennsylvania and 13 states have adopted this concept Plea is “guilty but mentally ill” instead of “not guilty by reason of insanity” P 597 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

CRC Press: Forensic Science, James and Nordby, 2nd Edition Diminished Capacity Generally acknowledged as an individual at time of commission of the alleged offense having a diminished ability to meet all criteria for the charges against that person, or person was not able to form the specific intent to kill, thus could not act in a knowing and purposeful manner P 598 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

CRC Press: Forensic Science, James and Nordby, 2nd Edition Posttrial Sentencing Forensic psychiatrist may be called upon to give opinions about sentencing for particular individual who may require psychiatric hospitalization For death penalty cases, psychiatrist may be called upon as to whether or not defendant is competent to be sentenced to death P 598 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Cases Requiring Forensic Psychiatrist Testimony Forensic psychiatrist may need to assess the role of alcohol, medication or legal drugs on defendant at time of commission of the crime Issue of repressed or recovered memory may be assessed by psychiatrist P 598-9 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Cases Requiring Forensic Psychiatrist Testimony In domestic relations crimes, psychiatrists may be called upon to discuss “syndrome diagnoses” such as rape trauma or battered spouse syndrome Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Examination and Report of Findings Forensic psychiatrist must have all data available for report. Data may include: Records of treatment, police reports, videotaped interviews, psychological tests, physical tests (MRI, x-ray, bloodwork, etc) and interviews with family, friends and witnesses Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Examination and Report of Findings Forensic psychiatrist should work closely with attorney to review data and explain opinions rendered Cross examination and weaknesses of case must be examined All available data should be included in forensic psychiatrist’s report P 599 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

CRC Press: Forensic Science, James and Nordby, 2nd Edition Testifying in Court When testifying in court, forensic psychiatrist gives all information prepared in advance during direct examination Cross examination should not surprise forensic psychiatrist Question often is whether mental illness rises to level of insanity P 599 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition

Training in Forensic Psychiatry In 1968, American Academy of Psychiatry and the Law (AAPL) formed Board certification started in the 1970s and currently is done by the American Psychiatric Association and American Board of Psychiatry and Neurology assumed the function Over 25 accredited programs in United States P 600 Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition