What Attorneys Need to Know About Forensic Psychological Evaluations

When a case involves a defendant's mental state, a forensic psychological evaluation becomes an invaluable tool. For criminal court attorneys, understanding this process is crucial for building a strong defense or prosecution. Unlike a clinical evaluation aimed at a general assessment, a forensic evaluation is conducted to answer specific legal questions, such as a defendant's competency to stand trial or their mental state at the time of the offense.

What’s the purpose of a forensic psychological evaluation?
A forensic psychological evaluation applies clinical psychology principles to legal questions. Common examples include competency to stand trial evaluations, criminal responsibility assessments, violence risk assessments, and mitigation evaluations. The goal is to provide the trier of fact with objective, evidence-based insights into a defendant’s mental state, behavior, or potential future risk.

When to request one
If there are any concerns about a defendant’s current or past mental/cognitive state, the request for a forensic evaluation should be made.

What information to provide
A high-quality evaluation requires complete and relevant records, such as discovery, prior mental health records, educational history, criminal history, and witness statements. The more context provided, the more accurate and defensible the psychologist’s conclusions will be.

Understanding the report
Once the evaluation is complete, the forensic psychologist will provide a detailed report, which will outline the evaluation methods, discuss the findings, and provide an expert opinion on the specific legal question posed. 

You should review the report carefully, as it will highlight key psychological factors and can be used to inform trial strategy, guide cross-examination, or prepare for plea negotiations. Don't hesitate to follow up with the psychologist to clarify any points and ensure you have a complete grasp of the findings.

What’s the key takeaway
A good forensic psychologist should be an impartial expert, and their findings may not always align with your desired outcome. However, their professional insights, whether favorable or not, provide a clearer picture of your case and enable you to make more informed decisions. It’s a critical step in ensuring the court has a complete and accurate understanding of the psychological factors involved.

To discuss how The Wright Group’s forensic psychological expertise can strengthen your case, contact us today for a confidential consultation.