Evaluations and Malingering

Forensic Psychologists have a multitude of responsibilities in the courtroom. One of the most important is evaluating the Sanity and Competence of defendants as well as looking for any sign of Malingering, or feigned insanity.

A Competence evaluation is designed to see if the accused is competent enough to stand trial. This mean that a forensic psychologist is brought in to make sure that the defendant is able to understand all court proceedings and adequately participate in them when required to do so. They must also be able to consult with their attorney, and have a clear understanding of why they are being charged in the first place. In order to determine competency a psychological evaluation is employed. Such evaluations usually make use of different tools such as question sequences or rating scales. The person being evaluated may also have to submit to a standardized psychological test. Should the accused be deemed incompetent to stand trial they will often be provided with treatment, or even committed to a mental facility in order to restore competence. The court proceedings will be postponed until a time where the accused is capable enough to stand trial.

Read the E-how page on Competency Evaluations

The difference between a Competency evaluation and a Sanity evaluation is that the latter is a test to determine whether or not the defendant was in a stable frame of mind during the time the offense was committed. In order for this type of evaluation to take place, the judge prosecutor or public defender must have reason to believe that the accused was mentally impaired when the crime was committed. The defense attorney may also have their client plead insanity, in which case this type of evaluation will be employed by the court. However the defense can call in its own psychological evaluator. Despite all of this, any decision concerning the defendant’s state of mind when the offense is committed is usually made before the trial begins.

Sanity Evaluation Information at PyschWest

Malingering is the term used to describe a defendant faking mental illness or over exaggerating a pre-existing mental illness. This is done in an attempt to escape punishment for crimes committed, and if proved false can be considered an obstruction of justice, resulting in harsher punishment. Even if Malingering is not suspected it is important for a Forensic Psychologist to always keep this form of deception in mind in order to ensure justice is served. When Malingering is suspected the psychologist is tasked with monitoring the defendant’s behavior in and outside of the courtroom. This is due to the fact that a feigned mental illness is often quite hard to preserve accurately. The psychologist should be able to spot moments when the accused behaves without symptoms and use this to determine whether or not they are truly mentally ill.

EMedicine Article on Malingering