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 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.
A prime example is a person who functions in a relatively normal way under the influence of the appropriate medication. But, when he is not monitored, he thinks he does not need the medication any longer. It is not true because when he stops taking it, he becomes unable to tell what is right and what is wrong.
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.
In criminal cases this will have been a violent crime. It may have been rape, it may have been kidnapping and murder. Although the evaluation protects the rights of the accused, it also protects the public at large from future acts likely to be perpetrated against new victims if he is set free.
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.
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 in the case receives a detailed report. He and the jury are the only individuals he is supposed to influence. The report will give an explanation of his findings. Although a judge has legal expertise, his qualifications do not include determining mental health status. He cannot evaluate a criminal as to competency.
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.
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 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.
A prime example is a person who functions in a relatively normal way under the influence of the appropriate medication. But, when he is not monitored, he thinks he does not need the medication any longer. It is not true because when he stops taking it, he becomes unable to tell what is right and what is wrong.
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.
In criminal cases this will have been a violent crime. It may have been rape, it may have been kidnapping and murder. Although the evaluation protects the rights of the accused, it also protects the public at large from future acts likely to be perpetrated against new victims if he is set free.
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.
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 in the case receives a detailed report. He and the jury are the only individuals he is supposed to influence. The report will give an explanation of his findings. Although a judge has legal expertise, his qualifications do not include determining mental health status. He cannot evaluate a criminal as to competency.
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.
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.
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.
Aucun commentaire:
Enregistrer un commentaire