Wednesday 18 May 2016

Places Where Forensic Psychiatry Is Applied

By Gary Ward


Psychiatry as a field of medicine also has other sub-specialties under it. One of those sub-specialties is forensic psychiatry, which is also closely related to criminology. For the purpose of this article, the abbreviation FP will be used. FP is a field that interfaces the fields of psychiatry and law. Specialists in this field are referred to as forensic psychiatrists. They do many tasks in the court and law enforcement 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 is the evaluation done to ascertain the mental capacity of the defendant in a case to understand whatever charges made against them. It also determines if the named defendant is sane enough to assist their attorney in defense preparation. In the US constitution, CST falls under the Fifth Amendment. Under this provision, the defendant must be allowed the chance to face their accuser, be present during their trial, and be in a position to collaborate and assist the attorney in preparing a defense.

These psychiatric professionals are sometimes needed to serve as expert witnesses in criminal and civil cases. Here, they make reports with their opinion on the case and present it to the jury or judge. The jury or judge may use the opinion on making their final verdict regarding the case.

These psychiatrists may also give their opinion regarding the state of mind of an individual at the time they committed a crime. They seek to determine whether or not the defendant could understand the criminality of their actions. Different states apply this psychiatric knowledge to different levels with some rejecting it completely.

Three key standards of reason are based upon by FP specialists in determining mental fitness. The three standards are ALI test, Durham rule, and MNaghten rules. If mental capacity is determined to be lacking in the defendant during or after committing a crime, one of the three standards may be based upon to drop the charges. The basis for freeing the defendant is lack of mental capacity to understand the criminality of their actions.

In court trial where a psychiatrist has been hired to determine mental fitness, both the prosecution and the defense will have their own psychiatrists. Psychiatrists are also employed to take care of prisoners in jail as well as prison. In addition, they also provide care for mentally ill individuals who not been charged with criminal conduct on the basis of mental unfitness.

The field of risk management is also adopting FP very fast. Potential or suspected offenders can be put under supervision of a team of forensic psychiatric professionals. The team is often comprised of care workers, nurses, psychologists, and psychiatrists among others.




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