Forensic Psychological Evaluations: Considerations for Criminal and Civil Attorneys

This course focuses on a primary area of forensic psychology practice: forensic mental health assessment (FMHA). FMHA  refers to the process mental health professionals engage in when conducting evaluations for the courts or for attorneys who have retained them. Forensic psychologists are not simply clinical psychologists practicing in the legal arena, and forensic evaluations are not just psychological evaluations for legal cases. Rather, forensic practitioners have specialized training and conduct evaluations in a manner distinct from traditional psychological assessments. 

This course is provided by Daniel Agatino, Ph.D., Esq., a New Jersey-based criminal defense and entertainment/copyright law attorney, and Gianni Pirelli, Ph.D., a licensed psychologist who maintains a private forensic psychology practice in New Jersey. They address the distinctions between the forensic and therapeutic roles of mental health professionals, and highlight the significant differences in how forensic psychologists approach and conduct evaluations as compared to clinical psychologists, psychiatrists, and psychotherapists. In addition, the instructors provide an overview of the types of criminal and civil psychological evaluations typically conducted by forensic psychologists, including but not limited to:

I.   Criminal

a.   Criminal Competencies

b.   Criminal Responsibility (e.g., Diminished Capacity, Insanity)

c.   Sentencing Mitigation

II.   Civil

a.   Civil Commitment

b.   Civil Competencies

c.    Personal Injury

d.    Workers’ Compensation and Employment Discrimination

e.    Fitness for Duty

f.     Firearm Evaluations

g.    Immigration

h.    Domestic and Family Matters

Learning Objectives:

I.    Recognize the distinction between the roles of psychologists, psychiatrists, and therapists in criminal and civil matters 

II.   Appreciate Forensic Mental Health Assessments (FMHAs): what they are, when to use them, and how they are conducted

III.  Grasp the different types of forensic psychological assessment approaches 

IV.  Identify the psychiatric disorders typically seen in criminal and civil cases

V.  Understand the considerations relevant to the direct and cross-examination of psychological and psychiatric experts