Forensic Evaluations for Criminal Cases
Competency to Stand Trial (730)
Purpose: Assessing whether a defendant understands the charges against them and can assist their attorney in their defense.
How it can impact the Case: Defendants who are found to be incompetent may have their charges dismissed or put on hold until their competency is restored. In rare cases, the likelihood of restoration of competency is so low that restoration is not appropriate. A standard 730 evaluation is usually very targeted and short and involves a clinical interview and a review of records
Criminal Responsibility (Insanity Defense)
Purpose: Evaluating whether a defendant's mental state at the time of the offense met the legal criteria for insanity.
How it can impact the case: Successful use of the insanity defense is exceedingly rare. These evaluations require significant record reviews and interviews with the defendant and others who may have relevant knowledge. An NGRI verdict would result in the defendant being sent to a forensic hospital, as opposed to a correctional facility.
Mental State at the Time of the Crime
Purpose: To assess factors that may have affected the defendant’s state of mind at the time of the crime in a way that affects their level of legal responsibility
How it can impact the case: Mental health factors can have a big influence on someone’s judgment, capacity to plan or anticipate, and their subjective ability to control their behavior. This may strengthen the argument for extreme emotional disturbance, even in cases in which the defendant is clearly criminally responsible.
Violence Risk Assessment
Purpose: Determining the likelihood of future violence or other harmful behaviors for sentencing or parole decisions.
How it can impact the case: A violence risk assessment can be helpful in having a clearer, empirically based understanding of someone’s likelihood of future violence, but it also provides information about how to effectively manage said risk. In some cases, people’s violent behavior is present only when certain factors are present. This helps identify areas of intervention that may help in determining whether the defendant is an appropriate candidate for diversion, or how to structure their parole.
Mitigation
Purpose: Providing psychological information that may be relevant to sentencing.
How it can affect the case: A multitude of mental health-related factors can be relevant to sentencing decisions. A good mitigation evaluation is thorough, includes multiple sources of information, is straightforward, and offers research- and clinically based opinions attorneys can confidently present in court on behalf of their clients.