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Areas of Examination and Possible Testimony by Forensic Psychiatric Experts
[Dependent Upon Training and Experience]

 

1. Effects of intoxication on behavior, memory, and ability to consent
2. Accuracy of recalled information and the reconstruction of memory
3. Effects of rape or assault on victims and their sometimes counterintuitive behavior (late reporting, continued contact with the perpetrator, etc.) - rape trauma syndrome / posttraumatic stress disorder
4.The sometimes counterintuitive behavior of abused spouses (battered wife syndrome)
5.Victim impact for sentencing purposes
6.Validity of confessions based on the nature of the interrogation and the susceptibility of the accused
7. Extenuation of circumstances related to predisposing personality factors or other psychiatric conditions that do not amount to defense due to lack of responsibility
8. Capacity to assist in defense, capacity to plea guilty
9. Presence of addiction as a factor decreases ability to conform to the law (E&M)
10. Use of mistake of fact as a defense
11. Witness credibility - including false allegations
12 .Characteristics of psychiatric disorders - consistent or inconsistent with the effects of a reported crime against them
13. False allegations of rape or abuse (including child sexual abuse) and reasons that drive such false allegations

Forensic Experts Involved in the Military Justice System Should be Able to Address the Following Areas:

  1. RCM 706 mental capacity or responsibility inquiry
  2. RCM 909 capacity to stand trial
  3. RMC 910 pleas and providency
  4. RCM 912 challenge of members
  5. RCM 916 in particular (j) mistake of fact and (k) partial responsibility and interpretations
  6. RCM 1102 post trial hearing - NGRI
  7. MRE 302 privilege concerning mental examination of the accused
  8. MRE 304 and 306 confessions and warnings of rights
  9. MRE 401-403 relevance of evidence and exclusion of evidence
  10. MRE 404 character evidence - accused, victim, and witnesses
  11. MRE 405 proving character
  12. MRE 412 victim behavior or predisposition
  13. MRE 413 - 414 prior similar crimes
  14. MRE 502 privilege relating to confidential appointment
  15. MRE 513 privilege relating to therapist communications
  16. MRE 608 character and bias of witnesses
  17. MRE 615 exclusion of witnesses and exceptions
  18. MRE 701 - 706 expert witness testimony
  19. MRE 803 hearsay exceptions