Chapter 29 CRC Press: Forensic Science, James and Nordby, 2nd Edition 1# Forensic Science An...

Chapter 29Chapter 29 CRC Press: Forensic Science, James and NoCRC Press: Forensic Science, James and Nordby, 2nd Editionrdby, 2nd Edition

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Forensic ScienceForensic ScienceAn Introduction to Scientific and An Introduction to Scientific and

Investigative TechniquesInvestigative Techniques

Stuart H. James and Jon J. NordbyStuart H. James and Jon J. Nordby

22Chapter 29Chapter 29 CRC Press: Forensic Science, James and NoCRC Press: Forensic Science, James and Nordby, 2nd Editionrdby, 2nd Edition

Chapter 29Chapter 29

Forensic Forensic PsychiatryPsychiatry

Chapter Author: Robert L. SadoffChapter Author: Robert L. Sadoff

• Presentation created by Greg Galardi, Peru, NebraskaPresentation created by Greg Galardi, Peru, Nebraska


Forensic PsychiatryForensic Psychiatry

• Is a subspecialty of psychiatry that Is a subspecialty of psychiatry that deals with people who are involved deals with people who are involved in legal matters, either criminal or in legal matters, either criminal or civilcivil

• Primarily assessment and Primarily assessment and evaluation of individuals, rather evaluation of individuals, rather than the treatment of psychiatric than the treatment of psychiatric patientspatients


History of Forensic PsychiatryHistory of Forensic Psychiatry

• Treatise of Medical Jurisprudence of Treatise of Medical Jurisprudence of InsanityInsanity, published in Boston, Mass. in , published in Boston, Mass. in 1838 by Isaac Ray1838 by Isaac Ray

• Psychiatrists more involved in Psychiatrists more involved in commitment procedures, changes in commitment procedures, changes in patient rights, and protecting the public patient rights, and protecting the public through Tarasoff(1973) rulings in through Tarasoff(1973) rulings in various statesvarious states


Scope of Forensic PsychiatryScope of Forensic Psychiatry

• Field of forensic psychiatry may be Field of forensic psychiatry may be divided into three major divided into three major subgroupings:subgroupings:

• Criminal forensic psychiatryCriminal forensic psychiatry• Civil forensic psychiatryCivil forensic psychiatry• Administrative forensic psychiatryAdministrative forensic psychiatry


Assessment of CompetencyAssessment of Competency

• In general, forensic psychiatrist is In general, forensic psychiatrist is called upon to assess an individual’s called upon to assess an individual’s mental state in one of three ways:mental state in one of three ways:

• Past – legal insanity or testamentary Past – legal insanity or testamentary capacitycapacity

• Present – competency to stand trialPresent – competency to stand trial• Future – Prediction of dangerousnessFuture – Prediction of dangerousness


Phases of Criminal ProcedurePhases of Criminal Procedure

• Three phases of criminal Three phases of criminal procedure:procedure:

• Pretrial phasePretrial phase

• Trial phaseTrial phase

• Post trial PhasePost trial Phase


Competency to Stand TrialCompetency to Stand Trial

• To be found competent to stand trial, a To be found competent to stand trial, a defendant must be free of mental defendant must be free of mental illness that impacts his or her ability to illness that impacts his or her ability to know what is happening in the caseknow what is happening in the case

• The Dusky case (1960) insists a The Dusky case (1960) insists a defendant must have a rational as well defendant must have a rational as well as factual understanding of the case as factual understanding of the case against himagainst him


Competency to Stand TrialCompetency to Stand Trial

• Jackson v. Indiana (1972) – defendant Jackson v. Indiana (1972) – defendant committed to a civil hospital after committed to a civil hospital after charges were suspended and case charges were suspended and case treated as civil rather than criminaltreated as civil rather than criminal

• After a period of time, psychiatrist may After a period of time, psychiatrist may be asked by court to give an opinion be asked by court to give an opinion about whether defendant is competent about whether defendant is competent to stand trialto stand trial


Legal InsanityLegal Insanity

• Most states follow McNaughten (1843) Most states follow McNaughten (1843) rule from England to determine sanityrule from England to determine sanity

• McNaughten rule is cognitive test of McNaughten rule is cognitive test of insanityinsanity

• Model Penal Code of the American Law Model Penal Code of the American Law Institute was used by Judge Bazelon in Institute was used by Judge Bazelon in Brawner case (1972) Brawner case (1972)



• Model Penal Code of the American Law Model Penal Code of the American Law Institute states:Institute states:• ““A person would be found not guilty by A person would be found not guilty by

reason of insanity if at the time of the reason of insanity if at the time of the commission of the crime the person commission of the crime the person lacked substantial capacity either to lacked substantial capacity either to appreciate the criminality of their behavior appreciate the criminality of their behavior or to conform his conduct to the or to conform his conduct to the requirements of the law.”requirements of the law.”



• Model Penal Code of the American Law Model Penal Code of the American Law Institute has three elements:Institute has three elements:• CognitiveCognitive• Cognative – emotionalCognative – emotional• VolitionalVolitional• This test was used in Hinckley case in This test was used in Hinckley case in

1982 that led to John W. Hinckley being 1982 that led to John W. Hinckley being found not guilty by reason of insanityfound not guilty by reason of insanity



• In 1984, Congress changed the law for In 1984, Congress changed the law for Federal jurisdiction in 1984, adopting Federal jurisdiction in 1984, adopting the Omnibus Crime Code for Insanity, the Omnibus Crime Code for Insanity, which stated the person would not be which stated the person would not be found guilty by reason of insanity if at found guilty by reason of insanity if at the time of the commission of the crime the time of the commission of the crime the defendant could not appreciate the the defendant could not appreciate the criminality of his behaviorcriminality of his behavior



• Some states have adopted the “guilty Some states have adopted the “guilty but mentally ill” conceptbut mentally ill” concept

• Pennsylvania and 13 states have Pennsylvania and 13 states have adopted this conceptadopted this concept

• Plea is “guilty but mentally ill” instead Plea is “guilty but mentally ill” instead of “not guilty by reason of insanity”of “not guilty by reason of insanity”


Diminished CapacityDiminished Capacity

• Generally acknowledged as an Generally acknowledged as an individual at time of commission of the individual at time of commission of the alleged offense having a diminished alleged offense having a diminished ability to meet all criteria for the ability to meet all criteria for the charges against that person, or person charges against that person, or person was not able to form the specific intent was not able to form the specific intent to kill, thus could not act in a knowing to kill, thus could not act in a knowing and purposeful mannerand purposeful manner


Posttrial SentencingPosttrial Sentencing

• Forensic psychiatrist may be called Forensic psychiatrist may be called • upon to give opinions about sentencing upon to give opinions about sentencing

for particular individual who may for particular individual who may require psychiatric hospitalizationrequire psychiatric hospitalization

• For death penalty cases, psychiatrist For death penalty cases, psychiatrist may be called upon as to whether or may be called upon as to whether or not defendant is competent to be not defendant is competent to be sentenced to deathsentenced to death


Cases Requiring Forensic Cases Requiring Forensic Psychiatrist TestimonyPsychiatrist Testimony

• Forensic psychiatrist may need to Forensic psychiatrist may need to assess the role of alcohol, medication assess the role of alcohol, medication or legal drugs on defendant at time of or legal drugs on defendant at time of commission of the crimecommission of the crime

• Issue of repressed or recovered Issue of repressed or recovered memory may be assessed by memory may be assessed by psychiatristpsychiatrist


Cases Requiring Forensic Cases Requiring Forensic Psychiatrist TestimonyPsychiatrist Testimony

• In domestic relations crimes, In domestic relations crimes, psychiatrists may be called upon to psychiatrists may be called upon to discuss “syndrome diagnoses” such discuss “syndrome diagnoses” such as rape trauma or battered spouse as rape trauma or battered spouse syndromesyndrome


Examination and Report of Examination and Report of FindingsFindings

• Forensic psychiatrist must have all Forensic psychiatrist must have all data available for report. Data may data available for report. Data may include:include:• Records of treatment, police reports, Records of treatment, police reports,

videotaped interviews, psychological videotaped interviews, psychological tests, physical tests (MRI, x-ray, tests, physical tests (MRI, x-ray, bloodwork, etc) and interviews with family, bloodwork, etc) and interviews with family, friends and witnessesfriends and witnesses


Examination and Report of Examination and Report of FindingsFindings

• Forensic psychiatrist should work Forensic psychiatrist should work closely with attorney to review data and closely with attorney to review data and explain opinions renderedexplain opinions rendered

• Cross examination and weaknesses of Cross examination and weaknesses of case must be examinedcase must be examined

• All available data should be included in All available data should be included in forensic psychiatrist’s reportforensic psychiatrist’s report


Testifying in CourtTestifying in Court

• When testifying in court, forensic When testifying in court, forensic psychiatrist gives all information psychiatrist gives all information prepared in advance during direct prepared in advance during direct examinationexamination

• Cross examination should not surprise Cross examination should not surprise forensic psychiatristforensic psychiatrist

• Question often is whether mental Question often is whether mental illness rises to level of insanityillness rises to level of insanity


Training in Forensic PsychiatryTraining in Forensic Psychiatry

• In 1968, American Academy of In 1968, American Academy of Psychiatry and the Law (AAPL) formed Psychiatry and the Law (AAPL) formed

• Board certification started in the 1970s Board certification started in the 1970s and currently is done by the American and currently is done by the American Psychiatric Association and American Psychiatric Association and American Board of Psychiatry and Neurology Board of Psychiatry and Neurology assumed the functionassumed the function

• Over 25 accredited programs in United Over 25 accredited programs in United StatesStates

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