Forensic mental health evaluations are specialized psychological assessments conducted at the intersection of law and mental health. They are designed to answer legal questions rather than provide traditional therapeutic care.
Here’s a clear overview:
Purpose
- To provide courts, attorneys, and other legal professionals with expert opinions about a person’s mental state, abilities, or risks.
- Focus is on legal relevance rather than clinical treatment.
Common Types of Forensic Mental Health Evaluations
Competency to Stand Trial
- Determines whether an individual understands legal proceedings and can assist their attorney.
Criminal Responsibility (Insanity Defense)
- Assesses mental state at the time of the alleged offense — whether the person could appreciate the wrongfulness of their actions.
Risk Assessment
- Evaluates likelihood of future violence, sexual offending, or recidivism.
Sentencing and Mitigation Evaluations
- Provides information about psychological factors that may lessen culpability or influence sentencing decisions.
Civil Capacities
- Assesses decision-making capacity (e.g., guardianship, consent to medical treatment, financial competence).
Child Custody and Parenting Capacity
- Determines parental fitness and best interests of the child.
Key Features
- Objective and Neutral: The evaluator’s role is not advocacy but providing unbiased information.
- Record Review: Includes criminal, medical, and psychological history.
- Testing & Interviews: Uses psychological tests, structured interviews, and collateral information.
- Legal Standards: Guided by specific statutes or case law (e.g., Dusky v. United States for competency).
- Written Report & Testimony: Findings are usually presented in a report and may be defended in court.
Difference from Clinical Evaluations
- Clinical Evaluation: Focuses on diagnosis and treatment for patient well-being.
- Forensic Evaluation: Focuses on legal standards, accountability, and risk — sometimes with outcomes that may not benefit the evaluee.
Shervan K Shahhian
LIBERTY PSYCHOLOGICAL ASSOCIATION 