Prior to reaching the status preparing for the job, an individual must do three things. He must obtain his medical degree. Then he completes additional training in psychiatry. Finally, he trains in the field of forensic psychiatry. After than, the forensic psychiatrist is qualified to determine the legal insanity of someone on trial for committing a crime.
The standards for proving legal insanity are more stringent than those required in a non-legal diagnosis. First the alleged offenders condition is taken into consideration. Next it must be proven that he was not capable of judging right from wrong when he committed the crime.
One example is the patient who is functional when medicated regularly. However, this patient, when the medication is working, will think he no longer needs medication. This is untrue. When he goes off the medication, at that time he is incapable of telling right from wrong.
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.
Legal incompetency must meet specific criteria. The accused must have been unable to understand the consequences of his crime. He must be unable to determine the wrongness of the act due to mental disorder or disease. He must lack the mental capacity to grasp the wrongfulness of the crime he committed. Failure of the psychiatrist or the judge can endanger the public. In some cases, dangerous predators avoid incarceration and an innocent victim is horrifically attacked as a result.
The standards for proving legal insanity are more stringent than those required in a non-legal diagnosis. First the alleged offenders condition is taken into consideration. Next it must be proven that he was not capable of judging right from wrong when he committed the crime.
One example is the patient who is functional when medicated regularly. However, this patient, when the medication is working, will think he no longer needs medication. This is untrue. When he goes off the medication, at that time he is incapable of telling right from wrong.
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.
Legal incompetency must meet specific criteria. The accused must have been unable to understand the consequences of his crime. He must be unable to determine the wrongness of the act due to mental disorder or disease. He must lack the mental capacity to grasp the wrongfulness of the crime he committed. Failure of the psychiatrist or the judge can endanger the public. In some cases, dangerous predators avoid incarceration and an innocent victim is horrifically attacked as a result.
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