Forensic psychiatry is the medical subspecialty, recognized by the American Psychiatric Association since 1991, in which psychiatric expertise is applied to legal issues. The American Board of Psychiatry and Neurology began in 1994 to examine individuals for “added qualifications in forensic psychiatry.” There are about 50 1-year fellowship programs in forensic psychiatry accredited by the Accreditation Council for Graduate Medical Education, United States; eight fellowship programs are accredited by the Royal College of Physicians and Surgeons of Canada. A relevant professional organization is the American Academy of Psychiatry and the Law. Several major textbooks of forensic psychology and psychiatry are listed at the end of this section.
There are four divisions of forensic psychiatry. The first pertains to the legal aspects of general psychiatric practice, such as the civil commitment of involuntary patients, the doctrine of informed consent, the requirement to protect third parties from dangerous patients, and matters of privilege and confidentiality.
The second division of forensic psychiatry covers the assessment of mental disability. This includes the evaluation of individuals who have been injured on the job, the assessment of a plaintiff who claims that he or she was injured and is now seeking compensation from a defendant, and the assessment of the competency of individuals to perform specific acts such as making a will.
The third and most well-known aspect of forensic psychiatry deals with individuals who have been arrested. This division includes the evaluation of competency to stand trial, the evaluation of a person’s competency to waive their Miranda rights, the assessment of criminal responsibility, evaluations that relate to sentencing, and the treatment of incarcerated individuals.
The fourth division of forensic psychiatry is forensic child psychiatry, which includes child custody evaluations, the evaluation of children who may have been abused, and consultation regarding minors who are involved with juvenile court.
GoldLH, Frierson,RL eds. The American Psychiatric Textbook of Forensic Psychiatry. 3rd ed. Washington, DC: American Psychiatric Publishing; 2018.
GutheilTG, AppelbaumPS. Clinical Handbook of Psychiatry and the Law. 5th ed.Philadelphia: Lippincott Williams & Wilkins; 2019.
LorandosD. Litigator’s Handbook on Forensic Medicine, Psychiatry and Psychology. Egan, MN: West Group; 2023
MeltonGB, PetrilaJ, PoythressNG,et al. Psychological Evaluations for the Courts: A Handbook for Mental Health Professionals and Lawyers. 4th ed.New York: Guilford Press; 2017.
RosnerR, ScottC eds. Principles and Practice of Forensic Psychiatry. 3rd ed. Boca Raton: CRC Press; 2017.