Leo Sher, M.D.

Forensic psychiatry is frequently defined as the branch of psychiatry that deals with issues arising in the interface between psychiatry and the law. Forensic psychiatry uses psychiatric knowledge and techniques in questions of law. It is regarded as a subspecialty of psychiatry and secondary science of criminology. Forensic psychiatric experts have now developed into a reputable and well-known group of professionals.

A forensic psychiatric evaluation may have a number of purposes including but not limited to the following:

• A forensic psychiatric assessment may be required of an individual who has been charged with a violent crime to establish whether the person has the legal capacity to stand trial.
• If a person with a psychiatric disorder is convicted of a crime, a forensic statement may be required to inform the Court’s sentencing decision because a psychiatric illness at the time of the offense is/may be a mitigating factor.
• A forensic assessment of a violent criminal may also take the form of a risk assessment, to comment on the relation between the individual’s mental condition and the risk of further violent crimes. Risk assessments are the proper concern of mental health professionals to the extent that they initiate corrective interventions that directly or indirectly benefit the individual evaluated.
• A forensic psychiatrist is frequently needed to deliver expert testimony for the court to determine criminal responsibility. This evaluation determines intent and causality. Did the individual really intend to commit the offense in question or was it a consequence of other circumstances or an accident?
• A medico-legal psychiatric assessment is necessary when a psychiatric report is used as evidence in civil trial. For example, such assessment is frequently required in relation to compensation for work-related stress or injury.
• A medico-legal evaluation may be necessary during civil litigation after a traumatic event such as an accident. The psychiatric assessment may be requested in order to establish a connection between the trauma and the victim’s psychological condition, and/or to define the magnitude of psychological damage and the amount of compensation to be given to the victim.
• Medico-legal psychiatric assessments are also used in the context of child safety and child protection services. A pediatric psychiatrist’s evaluation can provide evidence regarding the psychiatric effect of abuse or neglect on a child/adolescent.
• Disability and fitness for duty assessments help to find out if the employee can perform his or her job in a safe manner. These assessments may also be needed to assist third parties such as courts and insurance companies to understand the psychiatric condition of an individual.
• Forensic psychiatric experts sometimes evaluate immigrants including individuals seeking asylum in the United States. Psychiatrists with expertise in asylum law and refugee trauma frequently make valuable contributions to such cases. They can determine mental health treatment needs and estimate the possible impact of repatriation on the psychological condition of the asylum seeker. Forensic psychiatrists face exceptional demands. Globalization has stimulated immigration and multiculturalism in North Atlantic countries, presenting psychiatrists with extraordinary difficulties in cultural and linguistic competence. However, most forensic psychiatrists are very highly educated Medical Doctors who can do their job very competently and professionally.