Assessment Services - Forensic Threat Support - Traditional & Forensic Therapist in the DMV

Assessment Services

Assessment of defendants’ mental state and cognitive abilities, usually to determine their competency to stand trial, criminal responsibility for their alleged offenses, and potential risk of future violence, by evaluating factors like their mental health history, current psychological functioning, and understanding of the legal process.

Forensic Psychology has been defined in several ways. The American Board of Forensic Psychology describes it as “the application of the science and profession of psychology to questions and issues relating to law and the legal system” (www.abfp.com).

A broader description is the practice of applying psychological principles to answering a referral question by a third party – someone or some entity other than the person(s) being evaluated. This inherently changes the relationship between the psychologist and the patient or client.

To that end, forensic psychologists primarily help explain legal questions. Such questions may be criminal or civil, wherein an individual is facing criminal charges or seeking compensation, respectively.

Forensic psychologists may conduct clinical interviews and psychological testing. They consult with relevant stakeholders, such as law enforcement personnel, lawyers, courts, and other parties and entities.

Competence to Stand Trial (CST) – A defendant’s present capacity to comprehend trial proceedings. It also considers if defendants can assist in their defense and collaborate with their defense attorney(s) in developing and putting forth a defense strategy.

Mental Status at the Time of the Offense – Also known as Criminal Responsibility and popularly known as “insanity,” this evaluation helps to explore whether the defendant suffered from a mental illness(es) at the time of an alleged offense(s). If so, additional factors are examined to determine if they played a role at the time of the alleged offense(s).

Specific Intent/Diminished Capacity – Introduces evidence of diminished mens rea (guilty mind), meaning, to demonstrate that their mental capacity was compromised at the time of the alleged offense, preventing the accused from having the intent needed to commit the crime. Such an outcome may result in a less severe charge.

Violence Risk Assessment – An individual’s level of risk for engaging in acts of violence against people or property in a given environment and for a particular length of time. It is based on group data used to make predictions of violence in a variety of contexts and can be civil as opposed to criminal.

Sex Offender Risk Assessment – An individual’s level of risk for engaging in acts of sexual offenses with/without violence. This assessment is in the context of pre-trial or pre-sentencing.

Mitigation – Assessing existing condition(s) and their effects on the defendant’s functioning, including basic daily activities, such as bathing and eating. This includes prognosis, potential complications, and future needs. This helps to aid the Judge in understanding the complexities of the psychological condition(s) and provides context to the defendant’s life while in prison.

Psychological Autopsy – In criminal cases, a psychological autopsy helps reconstruct the decedent’s psychological profile to assess intent, risk factors, or potential victimization. It informs investigations into suspicious deaths, suicides, or possible foul play through collateral interviews and behavioral analysis.

Miranda Rights Waiver Evaluation – This helps to determine whether an individual had the mental and cognitive capacity to knowingly, intelligently, and voluntarily waive their Miranda rights during police interrogation. It is commonly used in criminal defense cases to assess legal competency at the time of custodial questioning.

Eyewitness Identification Reliability Evaluation – This forensic assessment evaluates the accuracy and reliability of an eyewitness identification in criminal investigations. It focuses on memory recall, suggestibility, perception under stress, and potential biases that can impact witness credibility and trial testimony.

Assessments to evaluate mental state within civil contexts, typically to determine the extent of psychological damages or decision-making capacity. Some examples include personal injury and testamentary capacity.

Contractual Capacity – An evaluation of the mental capacity to enter into a legally binding agreement at the time it was signed. These evaluations are commonly requested in civil litigation involving disputed contracts such as real estate transactions, vehicle purchases, loans, business agreements, or other financial instruments.

Personal Injury/Tort – These evaluations consists of a pre- and post-injury comparison to examine the person’s psychological functioning and how this will impact them going forward.

Testamentary Capacity – A person’s legal and psychological ability to make or change a valid will.

Legal Guardianship – The legal right individuals have to be responsible for the care and needs of a person considered completely or partly incapable of providing for their care and needs.

Immigration Asylum – Psychological conceptualizations of individuals to the Court about legal status
within the U.S. for a variety of reasons. They include:

Extreme Hardship Waiver
Political Asylum Waiver
Domestic/Spousal Abuse Waiver

Diagnostic Clarification – This evaluation helps to clarify a person’s behavioral functioning. All available records are reviewed, third parties may be contacted, and the client is interviewed and psychologically tested, after which a determination is made. Results are provided to the client, assuming it is not a legal matter.

Psychological Autopsy – A psychological autopsy is a retrospective evaluation of a decedent’s mental state and intent prior to death. In civil cases, it’s used to clarify issues such as suicide versus accident, testamentary capacity, or eligibility for insurance claims by reviewing records and interviewing close contacts.

Services in selection of jury members, witness preparation and interviewing, case preparation and presentation.

Direct contact with the person being evaluated is not always needed (i.e., assessing evidence to answer a certain psycho-legal question or seeking general impressions), or strategic planning (i.e., witness, plaintiff, defendant interviewing, or jury selection strategies).

Trial Consultation – Focuses on the full spectrum of litigation proceedings through the use of scientific expertise. For example, some tasks include aiding attorneys in the selection of jury members, witness preparation and interviewing, case preparation and presentation. The expert’s full attention is devoted to the trial with real-time, in-person, and immediate consultative services available.

Record Review/Indirect Assessment – Not all services warrant in-person evaluations for a variety of reasons (attorney discretion, available funds, etc.). Psychological expertise can contribute to these matters without direct involvement, to address ongoing criminal or civil proceedings (i.e., determining if there is enough evidence to answer a certain psycho-legal question or seeking general impressions), or strategic planning (i.e., witness, plaintiff, defendant interviewing, or jury selection strategies). The totality of the information available is reviewed through a scientific lens, to arrive at a professional opinion. This is in accordance with section 9.03 of the Specialty Guidelines for Forensic Psychology, Standard 9.01 of the APA Ethical Code, and Guidelines 5 & 8 of the APA Professional Practice Guidelines for Operational Psychology.