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FORENSIC PSYCHIATRY (FROM INTRODUCTION TO FORENSIC SCIENCES, P 168-176, 1980, BY WILLIAM G ECKERT - SEE NCJ-71044)

NCJ Number
68929
Author(s)
W G ECKERT
Date Published
1980
Length
9 pages
Annotation
THE ROLE OF THE FORENSIC PSYCHIATRIST IS DISCLUSSED IN THIS CHAPTER FROM 'INTRODUCTION TO FORENSIC SCIENCES'; BEHAVIORAL DISORDERS, COMPETNENCY TO STAND TRIAL, INSANITY, AND SPECIAL PROBLEMS ARE EMPHASIZED.
Abstract
THE FORENSIC PSYCHIATRIST HAS AN IMPORTANT AND EXPANDING ROLE IN PROVIDING EXPERTISE REQUIRED FOR BEHAVIORAL EVALUATION OF CRIMINALS AND NONCRIMINALS, PSYCHIATRIC PATIENTS, AND PERSONS INVOLVED IN MAJOR CRIMES OR DISASTERS. FORENSIC PSYCHIATRISTS HAVE SPECIAL INTERESTS IN PROBLEMS RELATED TO COURTROOM TESTIMONY, AND SOME DEVOTE THEIR ENTIRE PRACTICES TO THE SPECIALTY. PSYCHIATRISTS CAN DETERMINE THE COMPETENCY OF THE ACCUSED TO STAND TRIAL, AND PSYCHIATRIC TESTIMONY MAY ALSO BE USED TO COUNTER THE OPPOSITION WITNESSES IN CASES INVOLVING PSYCHIATRIC PROBLEMS. SPECIFICALLY, FORENSIC PSYCHIATRISTS DETERMINE CRIMINAL INSANITY THROUGH APPLICATION OF THE M'NAUGHTEN TEST AND ALSO EVALUATE THE ACCUSED IN TERMS OF OTHER CONCEPTS SUCH AS DIMINISHED RESPONSIBILITY. REGARDLESS OF THE MENTAL CONDITION OF THE ACCUSED AT THE TIME OF THE COMMISSION OF THE CRIMINAL ACT, HE CANNOT BE TRIED UNLESS HE IS ABLE TO UNDERSTAND THE NATURE AND PURPOSE OF THE PROCEEDINGS AGAINST HIM AND IS ABLE TO PARTICIPATE IN HIS OWN DEFENSE. IN MAKING THESE DETERMINATIONS, THE PSYCHIATRIST CONSIDERS SUCH FACTORS AS MENTAL RETARDATION, ORGANIC BRAIN SYNDROME, PSYCHOSIS, NEUROSIS, AND PERSONALITY DISORDERS. THE NEED FOR PSYCHIATRIC EXAMINATION IS USUALLY DETERMINED BY THE ATTORNEYS INVOLVED IN CASES WHERE A QUESTION OF INSANITY ARISES. ORGANIZATIONS SUCH AS THE AMERICAN ACADEMY OF FORENSIC SCIENCES CAN HE HELPFUL IN LOCATING AN EXPERT FORENSIC PSYCHIATRIST. BECAUSE OF THE UNIQUE NATURE OF THE FIELD, FORENSIC PSYCHIATRISTSFACE SPECIAL PROBLEMS THAT ARE NOT CONCERNS OF OTHER FORENSIC EXPERTS. THESE PROBLEMS INCLUDE THE RIGHT OF THE PATIENT TO TREATMENT, CONFIDENTIALITY, PRIVILEGED COMMUNICATION, INFORMED CONSENT, AND COMMITMENT PROCEDURES. REFERENCES ARE INCLUDED IN THE CHAPTER.