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Forensic psychiatry is a subspecialty of psychiatry, a field of medicine. The American Academy of Psychiatry and the Law endorses the following definition of the profession, as adopted by the American Board of Forensic Psychiatry: “Forensic psychiatry is a subspecialty of psychiatry in which scientific and clinical expertise is applied to legal issues in legal contexts embracing civil, criminal, and correctional or legislative matters; forensic psychiatry should be practiced in accordance with guidelines and ethical principles enunciated by the profession of psychiatry.”

Forensic psychiatrists work in many settings—forensic hospital units, community mental health centers, court clinics, juvenile treatment centers, prisons, and private practice—conducting forensic evaluation and treatment relevant to legal decision making. Forensic psychiatrists may also work in policy-making or advocacy organizations, using their expertise to influence the development of law, legislation, public policy, government services, and legal procedures affecting the mentally ill. Forensic psychiatrists also examine and evaluate individuals who may have committed a crime, diagnose and plan treatment for them, provide written reports and expert testimony in court proceedings, and work with patients themselves. They often undertake the complex task of examining the likelihood that an individual will repeat violent behavior.

An offender's mental condition at the time of the offense, during legal proceedings, and afterwards, are of critical importance. The legal system requires authoritative diagnoses of offenders in order to achieve some measure of fairness and appropriateness. This requirement links psychiatry and law, and although they are distinct disciplines with differing goals, definitions, and terminology, each shapes and influences the other. The legal system's need for clear-cut answers often conflicts with medical interpretations of disease and pathology, which sometimes creates tension between the two disciplines, and forensic psychiatrists need be cautious lest they overstate their conclusions to fit legal definitions.

Historical Origins

Forensic psychiatry in the United States dates back to the early nineteenth century, when physicians began to involve themselves in the care and treatment of the insane. Dr. Benjamin Rush, known as the father of U.S. psychiatry, was influential in shaping the field of medical jurisprudence. The standard reference in the field, Theodric Beck's Elements of Medical Jurisprudence, incorporated much of Rush's thinking on insanity. Later, another physician, Isaac Ray, distinguished different types of insanity and wrote extensive analyses of legal decisions that offered criticism and suggested reforms. Ray is credited with identifying legal psychiatry in the United States as a distinct discipline with its own body of knowledge, skills, and professional goals.

In 1844 the Association of Medical Superintendents of American Institutions for the Insane (AMSAII), a precursor of the American Psychiatric Association, was formed to further moral treatment for the insane and fight the view that criminality and insanity were directly related. The AMSAII wrote the first U.S. model mental health law, which established guidelines for regulating involuntary commitment, legal competency, and the civil and criminal responsibilities of insane persons. The model law proved to be an excellent foundation for subsequent mental health law.

Professional Organizations

The American Academy of Psychiatry and the Law (AAPL) was established in 1969 for psychiatrists who dedicate a significant portion of their professional activities to forensic/legal areas. The academy develops and sponsors continuing education programs, works to stimulate and support research, and develops ethical guidelines for professional behavior. AAPL also publishes the Journal of the American Academy of Psychiatry and the Law.

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