The education and training of this individual is threefold. He or she is a medical doctor. He continues training as a psychiatrist. Thirdly, he trains to answer questions about psychiatric classifications as related to the law. The forensic psychiatrist determines whether someone is fit to stand trial or not.
For legal purposes, the finding of insanity is very stringent. First the mental status is diagnosed. Then, the subject must have been unable to judge what he was doing was wrong. That incompetency had to have been in effect when 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 psychiatrist functions in a legal capacity to help those who are incompetent. He may advise the judge regarding sentencing recommendations. These recommendation should support the mental state the accused was in when he hurt one or more people.
This will, in the majority and perhaps all of the cases, be a violent crime. It may range from sexual assault to first degree murder. This expert is protecting the rights of the accused. He is also protecting the public from having a dangerous predator loose on the street.
It bears repeating that the medicated schizophrenic may appear as normal as the average man on the street when medicated. Unfortunately, it is rare for him to continue taking his pills without someone supervising him. He then reverts to being the dangerous predator.
When called upon as an expert witness the psychiatrist testifies under oath. He will have interviewed the accused a sufficient number of hours to diagnose him. His opinion is presented without regard to what either attorney is attempting to prove. But, a defense attorney may consult him and call upon him to testify only when the diagnosis supports his opinion. The prosecuting attorney will also use an expert witness who supports his assumption of guilt.
The judge receives a report detailing the findings. He and the jury are the only people the witness is supposed to influence. The judge relies on his expert opinion to guide him in passing sentence because his own expertise is in the law.
There are guidelines in place limiting the judges ability to impose too harsh or too lenient a sentence. The psychiatrist has to meet certain criteria as well. His diagnosis must comply with the legal definition of sane or insane.
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.
For legal purposes, the finding of insanity is very stringent. First the mental status is diagnosed. Then, the subject must have been unable to judge what he was doing was wrong. That incompetency had to have been in effect when 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 psychiatrist functions in a legal capacity to help those who are incompetent. He may advise the judge regarding sentencing recommendations. These recommendation should support the mental state the accused was in when he hurt one or more people.
This will, in the majority and perhaps all of the cases, be a violent crime. It may range from sexual assault to first degree murder. This expert is protecting the rights of the accused. He is also protecting the public from having a dangerous predator loose on the street.
It bears repeating that the medicated schizophrenic may appear as normal as the average man on the street when medicated. Unfortunately, it is rare for him to continue taking his pills without someone supervising him. He then reverts to being the dangerous predator.
When called upon as an expert witness the psychiatrist testifies under oath. He will have interviewed the accused a sufficient number of hours to diagnose him. His opinion is presented without regard to what either attorney is attempting to prove. But, a defense attorney may consult him and call upon him to testify only when the diagnosis supports his opinion. The prosecuting attorney will also use an expert witness who supports his assumption of guilt.
The judge receives a report detailing the findings. He and the jury are the only people the witness is supposed to influence. The judge relies on his expert opinion to guide him in passing sentence because his own expertise is in the law.
There are guidelines in place limiting the judges ability to impose too harsh or too lenient a sentence. The psychiatrist has to meet certain criteria as well. His diagnosis must comply with the legal definition of sane or insane.
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.
About the Author:
If you are looking for information about forensic psychiatrist, pay a visit to our web pages online here today. Additional details are available at http://childadultforensics.com now.