A psychiatrist is a medical professional who specializes in the brain and mind, and diagnosis and treats mental illness. Given that mens rea (the mental element of the offense —one of the necessary elements of some crimes) is directly influenced by an individual’s mental state, a psychiatrist’s opinion can often be valuable in a court of law. A forensic psychiatrist specializes in studying and understanding the interplay between Psychiatry and the Law, and Forensic Psychiatry is a sub-specialty accredited by the American Board of Psychiatry and Neurology.

Given the complexity of both, psychiatry and the law, the range of questions posed to forensic psychiatrists is very broad. Some examples include the “insanity defense” (a defense involving the interplay between a defendant’s mental illness and culpability), to competency to stand for trial, fitness for duty evaluations, state of mind at the time of an alleged crime, and medical malpractice. Forensic psychiatrists have an in-depth understanding of medicine and psychiatry, and also of the law as it pertains to mental illness. They often work with courts and lawyers, and are retained to help answer specific questions that may arise, or to provide general consultative services.

In a typical case, a forensic psychiatrist will go over the concerns that the court of attorney may have; then he or she would examine the defendant, review records and other evidence that is available, get medical and/or psychological testing, and pull together all of this information to form an opinion. He/she may then be asked to testify before a court as an expert witness.

Additionally, with a large percentage of psychiatry ill patients currently incarcerated, forensic psychiatrists also help in treating prisoners with mental illness, and in managing psychiatric issues when they arise in institutional settings.