1. Forensic Science
An Introduction to Scientific and Investigative Techniques
Stuart H. James and Jon J. Nordby
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2. Forensic Psychiatry Chapter 29 Chapter Author: Robert L. Sadoff
Presentation created by Greg Galardi, Peru, Nebraska
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3. 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
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4. 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
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5. Scope of Forensic Psychiatry
Field of forensic psychiatry may be divided into three major subgroupings:
Criminal forensic psychiatry
Civil forensic psychiatry
Administrative forensic psychiatry
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6. 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
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7. Phases of Criminal Procedure
Three phases of criminal procedure:
Pretrial phase
Trial phase
Post trial Phase
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8. 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
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9. 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
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10. 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)
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11. 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.”
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12. 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
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13. 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
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14. 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”
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15. 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
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16. 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
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17. 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
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18. 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
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19. 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
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20. 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
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21. 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
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22. 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
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