A forensic psychiatric evaluation attempts to answer specific medical-legal questions in a clear, concise and objective way that is easily understood.

When answers to these medical-legal questions require an objective opinion on the presence, severity, and/or treatment of mental illness, a forensic psychiatric evaluation can be of critical importance to the outcome of the case.

Relying on collateral sources of information and strengthened by the clinically-based psychiatry perspective, a forensic psychiatric evaluation addresses the possibility of feigned psychiatric illness and/or symptoms. It does this as well as considering the feasibility of other motivations that may provide gain for the individual or others significant in the individual’s life.

Forensic psychiatric evaluation and the non-treatment relationship differs on practical and ethical levels from the routine provision of clinical care.

Although forensic psychiatrists do treat/provide treatment to some patients and thus do form doctor-patient relationships when they do so, efforts are made to avoid treating and evaluating the same individual patient. The “evaluation” relationship is not the same as a “treatment” relationship. The differences between an evaluation and a treatment relationship include, but are not limited to:

• the need for objectivity and possible use by a third party
• The primary goal is forming an opinion or offering recommendations rather than treating the patient
• a possibility that the opinion may not favor the evaluee or the evaluee’s interests
• a possibility that an opinion or details articulated in a report or during testimony may not be helpful or in the sole interest of the individual being evaluated

For the reasons listed above and many others, fundamental fairness and ethical practice demand that the non-treatment relationship and nature of the evaluation be clearly articulated by the evaluator prior to initiating the first interview.

Do you need the expert opinion as a Forensic Psychiatrist?

Legal constructs exist that may, under some circumstance, excuse defendants with mental illness from legal responsibility for criminal behavior. Therefore, the ability to evaluate whether defendants meet a jurisdiction’s test for a finding of not criminally responsible is a core skill in forensic psychiatry.

Forensic psychiatric experts are also skilled at evaluating a number of civil competencies, including competence to make a will, creating a legally enforceable contract or the ability to make decisions about one’s person and property.

Forensic psychiatrists can evaluate and form an opinion that includes providing expert testimony that speaks to a person’s competence to:

• stand trial
• plead guilty by reason of insanity
• sentencing
• execution

Forensic reports free of medical and legal jargon

Forensic reports, which are an output of the forensic psychiatric evaluation process, address a variety of psychiatric issues which arise in the legal arena.

Well-written forensic reports are free of medical an legal jargon. They are comprehensive, concise and provide clarity of opinion that is easily identified and understood by the courts, attorneys, and laypersons alike.