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Criminal Court

Our reputation for delivering well-reasoned, evidence-based recommendations makes us a trusted resource in Federal and State Courts. Our team of highly trained forensic psychologist provide forensic evaluations and expert witness testimony.

Risk Assessments

Violence risk assessments and threat assessments aim to prevent violence, although they differ in scope. Violence risk assessments focus on providing an estimate of an individual’s general propensity for violence, considering factors such as personality traits, history, current functioning, and static and dynamic risk factors. Threat assessments focus on specific threats or potential for harm and violence by an identified subject of concern, focusing on the intent and means of the individual to carry out a harmful act.

The demand for these evaluations is increasing in the legal system as well as workplace, educational, and health care settings. Our providers are trained in completing thorough violence risk and threat assessments which include evidenced-based procedures to help clinicians identify historical and clinical risk factors, protective factors, and management techniques that can mitigate the risk of future violence or harm.

Competency

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Competency to Proceed Evaluations

Competency evaluations assess whether a defendant in criminal proceedings has a mental illness or cognitive defect that presently impairs their ability to understand their legal situation and rationally participate in the court process. Our forensic psychologists regularly conduct court-ordered and confidential competency evaluations to assess the defendant’s ability to consult with counsel and understand the proceedings against them in a factual and rational manner. Our experts are highly sought after to provide thorough evaluations and appropriate treatment recommendations to the court in cases where a defendant is found incompetent to proceed.

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Specialized Competency Evaluations

​Our psychologists also offer specialized competency evaluations:

  • Intellectual disability or Autism (Our providers are Agency for Persons with Disabilities (APD) approved evaluators)

  • Competency to Waive Miranda Rights

  • Competency of Witnesses to Testify (Child and Adult)

  • Competency to Participate in Post-Conviction Proceedings

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Mitigation

Our experts are frequently retained by defense attorneys in state and federal cases to conduct mitigation evaluations. Mitigation evaluations are effective in plea negotiations and help educate the court on current and historical factors that influenced a defendant’s thinking and judgment, which may support a reduced sentence. This comprehensive evaluation will often include recommendations for treatment and factors that reduce the risk of reoffending/recidivism.

Mitigating circumstances can include, but are not limited to: 

  • Youthful age of the defendant

  • Need for mental health treatment

  • Need for substance abuse treatment in nonviolent felony offenses

  • Being an accomplice or minor participant in the offense

  • Substantial impairment in the capacity of the defendant to conform their behavior to the law or appreciate their behavior

  • Acting under duress or domination of another person.

Psychosexual Evaluations

Psychosexual evaluations (PSE) are widely used by attorneys and courts to assess a person’s risk of engaging in sexual abuse and/or repeating a sexual offense. A PSE may be beneficial for a client or individual who is accused of engaging in sexual abuse/sexual violence (e.g., child sexual abuse, sexual assault) or individuals convicted of a sexual offense. A PSE from our office can provide the court with a comprehensive understanding of an individual’s psychological functioning, sexual history, risk factors, and treatment needs to inform decisions regarding sentencing, treatment, and supervision.

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Sanity Evaluations

The affirmative defense of insanity requires a defendant to demonstrate they were suffering from a mental infirmity, disease, or defect at the time of the alleged offense which significantly impaired their ability to know the nature, consequences, or wrongfulness of their actions.

Psychological Affiliates’s experts are frequently relied upon by attorneys and criminal courts to conduct a thorough and comprehensive assessment of the defendant’s symptoms and functioning at the time of the offense, identify the relationship between the mental health symptoms to the criminal act, and to provide opinions and treatment recommendations, if applicable.

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