Forensic psychiatry

From ArticleWorld

Forensic psychiatry is the utilization of psychology and medicine in the area of the law in order to assist judges and juries to decide on issues involving mental health states.

In court

Forensic psychiatrists work with the courts and their expertise in required in two main areas. The first is whether the defendant is competent to stand trial, a decision which is based on the finding that he or she is able to understand the charges and that they are able to help their attorney. The second is the determination of the mental state of the accused at the time of the offence. This is relevant in cases where the defendant pleads not guilty by reason of insanity.

This type of defense is quite controversial and, in some jurisdictions, unacceptable. Where it is allowed, the forensic psychiatrist gives an opinion, which may be accepted or not, about whether the defendant was aware of; and so can be held legally responsible for; his or her actions at the time the crime was committed.

Forensic psychiatrists may also be called upon to give sentence recommendations. Outside law courts, they are involved in supervising the care of prisoners and those who are a danger because of mental illness.

British law

Although mental state at the time of the crime is taken into consideration in Britain, forensic psychiatrists must also judge the mental state of the defendant at the time of the trial. If this is found to be not sound, then a sentence is more likely to be one of confinement in a mental hospital rather than a prison.

The majority of forensic psychiatrists in Britain work for the National Health Service and their jobs involve assessing and treating prisoners who have a mental disorder and caring for seriously mental ill patients, either in medium or maximum security units.