Psychological aspects of both criminal and civil cases are frequently difficult to detect and a lengthy process is often required to determine whether there are any psychological aspects of the case worth exploring. In addition, the services of an expert forensic psychologist or psychiatrist are quite expensive. This consultation service provides an alternative means by which attorneys and/or prosecutors may screen cases for any relevant psychological issues in both criminal and civil cases.

Our staff will consult with attorneys, examine records and identify, when appropriate, any pertinent psychological aspects of the case(s). We will then prepare a concise report detailing those aspects. When a psychological issue requires the evaluation of an expert, an appropriate referral will be provided.

Any information discovered during this investigative process is confidential.

Potential areas of focus include the following:

Criminal Cases:

• Whether to Raise the Issue of Competency:
  • Competency to stand trial (factors that might affect ability to understand legal process and assist attorney).
  • Competency to consent to search (factors that may indicate coercion).
  • Competency to confess (aspects of functioning that may make one vulnerable to influence by police; factors that influence understanding of Miranda rights).
  • Competency to testify (factors that affect ability to testify in court (does not apply to abuse victims; also applicable to civil cases)).
• Whether to Explore Variables Related to Mental State at Time of Offense:
  • Insanity (usually in cases involving psychosis or retardation).
  • Diminished capacity.
  • Self-Defense.
  • Extreme Emotional Disturbance.
  • Entrapment.
• Issues Related to Sentencing:
  • Mitigating circumstances.
  • Aggravating circumstances.
  • Risk Assessment.

Civil Cases:

• Whether Civil Competencies are Relevant:
  • Competence to make treatment decisions.
  • Guardianship.
  • Testamentary capacity.
• Whether Civil Commitment is Warranted:
  • Exploration of possible mental disorders.
  • Danger to self.
  • Danger to others.
  • Grave disability/ inability to care for self.
  • Need for treatment.
• Mental Injuries:
  • Workers compensation:
    • Mental injury - physical trauma that may have caused mental injury (i.e. falling from a height causes PTSD, emotional trauma from rape at gunpoint)
    • Mental stimulus that may have caused physical injury (i.e. heart failure or stroke from extended period of emotional strain at work)
  • Tort law
    • Emotional distress.
      • Intentional
      • Negligent (i.e. bystander recovery, product liability)
  • Other areas
    • Psychological issues in cases involving juvenile defendants
    • Aspects of divorce and child custody cases
    • Factors relevant to abuse and neglect.

Please contact us for more information.