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Forensic assessment of criminal responsibility issues involves more than just the administration of psychological tests and interviews. It is essential that the data obtained by psychological tests and interviews be evaluated in light of the legal question at hand. It is essential that the examining psychologist be aware of the legal criteria regarding criminal responsibility issues.
The legal issues involve determination of mental illness or mental retardation. However, it is necessary that these issues be evaluated in light of the defendant's ability to understand the wrongfulness of the alleged actions or offenses and the defendant's ability to conform his or behavior to the requirements of the law. It is also vital that the psychologist understand that, in a criminal responsibility evaluation, it is the defendant's mental state at the time of the alleged offense that is the focus. Because of this, an evaluation of a defendant who demonstrates an intellectual ability within the mentally deficient range does not automatically address the issue of criminal responsibility. Forensically trained psychologists understand the need to interface psychological and legal criteria.
The current standard of Professional Care regarding criminal responsibility evaluations requires not only the administration of appropriate and statistically relevant psychological tests, but also requires the gathering of as much collateral data as is possible in a given case. Dr. Kitchen generally utilizes some or all of the following data in a criminal responsibility evaluation.
