Depending on their charge or situation, a defendant may be ordered by the court to undergo a mental health evaluation.
Mental health evaluations for court help determine whether or not a defendant is fit to stand trial, and can also provide insight into their mental state during sentencing or child custody cases.
Assessing a defendant’s mental state is extremely important as it helps attorneys and judges understand what psychological influences may have played a role in a person’s alleged offense. Having this information helps ensure the justice system is doing its job fairly and correctly.
Over the last few years, telepsychiatry — psychiatric appointments via video or phone conferencing — has become a popular option for conducting mental health evaluations for court. Telepsychiatry offers a more cost-effective and convenient way for defendants to receive a mental evaluation before stepping into the courtroom.
In this article, we’ll explore mental health evaluations for court, including the types of exams, the difference between a psych evaluation for court and a mental health assessment for court, and why partnering with an on-demand telepsychiatry provider benefits courthouses.
What Is a Mental Health Evaluation for Court?
Court-ordered mental health evaluations provide a report of a defendant’s current mental status. These assessments are conducted by a mental health professional, such as a psychiatrist or psychologist, and are administered at the request of an attorney or judge.
A court-ordered mental health evaluation helps the court decide whether or not a person is mentally capable of standing trial. It can also help provide some clarity as to what the defendant’s mental state may have been at the time of their alleged crime, and whether or not they have a mental illness. This helps ensure a person receives a fair trial.
Who Might Need a Mental Health Evaluation for Court?
A mental health evaluation for court may be needed for individuals involved in criminal cases, custody disputes, or competency hearings to assess their mental state, capacity to stand trial, or suitability for certain legal decisions. This evaluation helps inform judicial decisions and ensure fair treatment in legal proceedings.
- Assessing mental competency to stand trial in criminal cases.
- Determining criminal responsibility for those pleading an insanity or diminished capacity defense.
- Ascertaining if an individual’s mental state makes them a potential risk to themselves or others.
- Evaluating a parent or guardian’s mental fitness in child custody disputes or guardianship cases.
- Deciding the best rehabilitation options for juvenile offenders.
- Considerations for sentencing and rehabilitative interventions.
Who Can Request a Mental Health Evaluation for Court?
Not every case requires a psych evaluation for court. However, certain persons in the court system can request one if they think it’s required, such as:
- Judges – Mandating evaluations for case proceedings to make sure they understand the mental state of the defendant. This type of assessment can also help with determining sentencing and rehabilitation orders.
- Prosecutors – Establishing competency or criminal responsibility of the defendant.
- Defense Attorneys – Supporting a defendant’s case by providing evidence for an insanity or diminished capacity plea, and establishing if a defendant is mentally capable of legal decision-making and standing trial.
- Plaintiff’s Counsel – Requesting evaluations in civil cases, such as custody, workers’ comp, and personal injury trials.
Types of Court-Ordered Mental Health Evaluations
There are three main types of mental health evaluations for courts:
Clinical Interview
A psychiatrist evaluates the defendant’s mental status through various questions and tests. They will ask about the defendant’s personal history, including significant life events that may play a role in their current mental state. They will also check the defendant’s ability to make decisions and understand the differences between right and wrong to help evaluate if they are fit to stand trial or not.
Psychological Testing
While similar to the clinical interview, psychological testing allows a psychiatrist or psychologist to delve deeper into a defendant’s mental health. This testing may include IQ assessments, personality tests, and behavioral assessments to determine whether or not a defendant has a mental health issue and their emotional capabilities.
Records and Collateral Information Review
The mental health professional will review and evaluate all relevant background information available on the defendant, which will help them in making their report and recommendations to the court. These documents may include:
- Criminal history, including previous police reports or restraining orders
- Educational records
- Employment information
- Medical records
- Mental health treatment records
- Social media activity
- Testimonials from family and friends
Court-Ordered Psych Evaluation vs. Mental Health Assessment for Court
Is there a difference between a court-ordered psych evaluation and a court-ordered mental health assessment? Yes, a mental health evaluation for court and a court-ordered mental health assessment are not the same. Here’s how they differ:
- Questions: A court-ordered mental health evaluation focuses on questions that pertain to an alleged offense or legal matter and aims to determine whether or not a person is competent to stand trial. Psychological assessments are broader and more about determining a person’s current mental state (for example, intake assessments for prisoners are administered to assess mental health as they enter the correctional facility).
- Providers: A psych evaluation for court is conducted by a forensic psychiatrist, who is trained to conduct appraisals that are specifically for legal matters. Psychological assessments may or may not be conducted by forensic-trained mental health professionals.
- Privacy: Reports from a court-ordered psych evaluation are shared with the entire court, including jury members, and all parties involved, while psychological assessments are generally kept confidential to just the defendant and their legal team.
- Testimony: Forensic psychiatrists who conduct court-ordered psychological evaluations can be called upon by the court for testimony on the individual’s mental health and their treatment recommendations.
Choosing a Reliable Mental Health Evaluation Provider
Mental health evaluations for court can impact a defendant’s life. For this reason, the evaluation process must be conducted by fully licensed forensic psychiatrists who understand the legal system and know what questions to ask to provide the court with a comprehensive assessment and accurate account of the defendant’s mental health history and current status.
Working with a telepsychiatry provider like FasPsych can ensure you are connected to forensic psychiatrists conveniently and cost-effectively. We can also provide you with a forensic psychiatrist based on the types of evaluations the court needs and their specialties.
Considerations for Judges and Legal Professionals
A mental health evaluation for court can be facilitated by a qualified telepsychiatry provider.
This is an accessible, cost-effective option for defendants. Legal professionals should consider on-demand psychiatry for court evaluations as it offers quick access to qualified experts, ensuring timely, accurate results that can aid in informed decision-making.
All telepsychiatry evaluations are conducted using the same forensic-related questions and processes that would be used at an in-person session.
If you need to be connected to a reliable telepsychiatry provider explore our telepsychiatry services, or contact us to learn more.
Understanding the Importance of Mental Health Evaluations for Court
A court-ordered mental health evaluation can play a very important role in a defendant’s legal proceedings. Not only does it help determine whether or not they are fit to stand trial, but it ensures they are treated fairly if they do have underlying mental health issues, provides judges and juries with all the information they need to pass a fair judgment, and gives the court a rehabilitation option for sentencing.
A mental health evaluation for court can profoundly impact the lives of defendants and their family members. If a defendant refuses a review due to a financial burden, they can find themselves in contempt of court or face a loss of legal rights.
Partnering with a cost-effective telepsychiatry program like FasPsych helps ensure defendants adhere to court-mandated evaluations and have access to forensic psychiatrists who can provide accurate, unbiased mental health evaluations for their legal case.
Contact us today to learn more about how we can help.