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A Forensic Psychiatrist Examines The Accused To Determine His Legal Mental Competence

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By Sandra Gray


There are three segments of preparation completed in order to qualify to assess criminals. First, become a medical doctor. Second, complete additional training as a psychiatrist. Finally, undergo training relating to answering legal questions he will be working to prove or disprove on behalf of the court. The forensic psychiatrist protects the accused. More importantly, he protects the public from a likely violent predator.

The legal definition of insanity is more stringent than the medical community imposes. It begins with the diagnosis of his or her condition. In addition, to be declared legally insane means he had to have been incapable of telling right from wrong at the time the crime was committed.

For example, when a schizophrenic is medicated properly, he may seem relatively in touch with reality. But, when the medication stops, his judgement disappears. Unsupervised, he does not think he needs the medicine. It is not true. Without the medication, he is once again not in touch with reality.

The alleged has his sanity judged as legally sane or insane. The psychiatrist advises the judge as to how to rule after his evaluation. His opinion is based on the mental state of the accused at the time he committed the crime being adjudicated.

In the majority of cases he will be accused of a violent crime. It may range from a kidnapping and murder, to a rape. The rights of the accused should be protected. More importantly, the public must be protected from these violent predators. There will be new victims if the perpetrator, mentally ill or not, is let loose again.

It cannot be stressed enough that the medicated schizophrenic may appear in touch with reality while medicated. However, it is rare that he will, without supervision, continue on the medication as prescribed. Then he is once again, highly dangerous to anyone who crosses his path at the wrong time.

The psychiatrist testifies under oath as an expert witness. First, he spends time diagnosing the accused. He spends hours evaluating him. Then he relates in court an opinion that is not influenced by either attorney. It is usual, however, that a prosecutor will hire him only if that opinion supports a guilty verdict. Conversely, a defense attorney will hire him if he finds the accused innocent.

There may be a detailed report prepared for the judge. He is the only individual except for the jury that is supposed to be influenced. It will explain the reasoning behind the expert opinion. A judge has extensive legal understanding. He does not, however, have the background in psychiatry to decide competency on his own.

Guidelines are in place as to how many years in prison are imposed for each specific crime. Guidelines are also in place for the psychiatrists determination of competency. His diagnosis must comply with them.

To be legally insane, the accused must have been incapable of realizing the consequence of the crime he committed. The wrongness of the act must be unrealized due to mental incapacity. His mental capacity to understand right from wrong must be compromised. If the judge or psychiatrist do not determine the truth, the public can be put in danger in the future. Dangerous predators have been released to prey on innocent victims again.




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