Misconceptions about forensic psychiatry

In previous articles, I’ve discussed many of the important roles a forensic psychiatry can play in a legal case. However, many attorneys and members of the general public may have misconceptions about the field. In this article, I'll address some of the most common misunderstandings I encounter about forensic psychiatry.

Myth #1: Forensic psychiatrists always work for either the prosecution or the defense.

Reality: While a specific forensic psychiatrist may have more expertise in consulting for a defense or prosecuting attorney, an ethical forensic psychiatrist's role is to provide an objective assessment of an evaluee's mental state—not to take sides or advocate for a particular outcome. As such, a forensic psychiatrist can be hired by either side in a case, as long as they strive to honestly and objectively educate the trier of fact (judge or jury) about an area within their expertise.

Myth #2: Forensic psychiatrists are only involved in criminal cases.

Reality: While forensic psychiatrists are best known for their work in criminal cases, we are also often be involved in civil cases, such as personal injury or medical malpractice cases. In such cases, forensic psychiatrists may be called upon to evaluate a plaintiff's mental state or assess the impact of a defendant's actions on the plaintiff's mental health.

Myth #3: Forensic psychiatrists can read minds.

Reality: Well wouldn't that be nice! While forensic psychiatrists are highly trained in understanding human behavior and mental health, we unfortunately cannot read minds. Instead, we rely on a variety of assessment tools and collateral information to make an informed assessment of a person's mental state.

Myth #4: Forensic psychiatrists can "fix" a patient's mental health issues.

Reality: No, forensic psychiatrists are not hired to "fix" mental health issues. Instead, our role is to provide an objective assessment of the patient's mental state and its impact on their behavior. We may make recommendations for treatment or other interventions, but it is up to the patient—and their treating clinicians—to follow through with these recommendations.

Myth #5: Forensic psychiatrists only evaluate defendants who are "crazy."

Reality: Forensic psychiatrists may be called upon to evaluate defendants with a wide range of mental health issues, from severe mental illness to personality disorders to substance use disorders. We may also evaluate defendants who do not have a diagnosable mental illness—but who may have experienced significant stressors or traumas that impacted their behavior.

By understanding these common misconceptions about forensic psychiatry, you can better utilize the unique set of skills and knowledge of a forensic psychiatrist in your legal case.