What is Forensic Psychiatry?

Expert Witnesses, Insanity Defense, Criminal Responsibility

© Karen Lotter

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Forensic Psychiatry is a combination of the law and psychiatric practice that deals with issues like criminal responsibility.

Forensic psychiatry is the interface between law and psychiatry. It involves the assessment and treatment of mentally abnormal offenders, as well as the legal aspects of psychiatry which require knowledge of the law relating to ordinary psychiatric practice, civil law and issues of criminal responsibility.

Forensic psychiatry also includes psychiatric consultation in a wide variety of legal matters (including expert witness testimony) as well as clinical work with perpetrators and victims.

While the Canadian definition of the sub-specialty is similar to that of the USA, actual practice differs because of the difference in the legal systems.

What Training Does a Forensic Psychiatrist need?

Most practitioners of forensic psychiatry have extra training. In the United States, one year fellowships are offered in this field to psychiatrists who have completed their general psychiatry training. In Britain the requirement is a three-year subspecialty training in forensic psychiatry, after the completion of general psychiatry training.

A Forensic Psychiatrist is not the Same as a Forensic Psychologist

Psychiatrists are medical physicians with specialty training in the understanding, diagnosis and treatment of mental disorders. Psychologists are professionals in their own right, and may have special expertise in topics not usually studied in detail by psychiatrists.

Competency to Stand Trail

In Britain this is called “Fitness to Plead”. Forensic psychiatrists work with courts in evaluating an individual's competency to stand trial, defenses based on mental illness or defects like the so called "insanity" defense as well as sentencing recommendations.

Forensic Psychiatrists as Expert Witnesses

Forensic psychiatrists are often called to be expert witnesses in both criminal and civil proceedings. Expert witnesses give their expert opinion about a specific issue. Sometimes the expertise is sought in an effort to provide the best possible information to judges or juries, but attorneys or other parties may also request consultation.

Much of forensic psychiatry is guided by significant court rulings or laws that bear on this area. "Not guilty by reason of insanity" is one potential outcome in this type of trial. It is important to note that insanity in this instance is a legal and not a medical term.

In cases where criminal responsibility is contested there will often there will be forensic psychiatrists acting as expert witnesses for the defense as well as for the prosecution.

Forensic Scientists in the United Kingdom

In Britain most forensic psychiatrists work for the National Health Service in specialist secure units caring for mentally ill offenders. Forensic psychiatrists often also do prison inreach work, where they go into prisons and assess and treat people suspected of having mental disorders;

What Does a Forensic Psychiatrist Do?

Forensic psychiatrists are involved in the care of prisoners, both those in jails and those in prisons, and in the care of the mentally ill and dangerous (such as those who have been found not guilty by reason of insanity).

Forensic psychiatrists may be involved with criminal matters, civil litigation (such as malpractice lawsuits), competence, lawsuits to do things (like make a will, consent to medical care, or take care of children), child custody, treating and working with mentally ill people who get in trouble with the law, helping victims of crimes or helping lawyers and judges understand the psychological aspects of their cases or appearing as expert witnesses.

Other issues that Forensic Scientists deal with:

The American Academy of Psychiatry and the Law (AAPL)

The American Academy of Psychiatry and the Law (AAPL) is an organization of psychiatrists dedicated to excellence in practice, teaching, and research in forensic psychiatry. Founded in 1969, AAPL currently has more than 1,500 members in North America and around the world and promotes scientific and educational activities in forensic psychiatry by ethical guidelines; Stimulates research in forensic psychiatry and developes guidelines for education and training.

Sources:

The American Adacemy of Psychiatry and the Law

William H Reid - Forensic Psychiatry consultant - Psychiatry and the Law Updates


The copyright of the article What is Forensic Psychiatry? in Forensic Science is owned by Karen Lotter. Permission to republish What is Forensic Psychiatry? must be granted by the author in writing.


William H Reid, Forensic Psychiatrist, www.reidpsychiatry.com/qualifications.html
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