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How Long Island Criminal Defense Lawyers Use Psychologists and Psychiatrists
How Long Island Criminal Defense Lawyers Use Psychologists and Psychiatrists
When a client is facing criminal charges, Long Island defense attorneys know that psychology can play a major role in building an effective legal strategy. From evaluating a defendant’s mental state to uncovering mitigating factors, psychologists and psychiatrists are invaluable members of the defense team. This article will explore the various ways these mental health professionals assist lawyers in getting charges reduced or dismissed altogether.
The Insanity Defense: A Tough Case to Make
Perhaps the most well known application of psychology in criminal law is the insanity defense. This allows a defendant to avoid conviction if they can prove they were unable to understand the nature or consequences of their actions due to mental illness. However, actually utilizing this defense successfully is rare. According to the Treatment Advocacy Center, the insanity defense is only used in less than 1% of felony cases in the U.S. and is only successful in around 25% of those.
Still, in unique cases with severely mentally ill defendants, an experienced forensic psychologist or psychiatrist may be brought in to evaluate if an insanity plea is viable. The clinician will assess the person’s mental state at the time of offense and determine if they meet the legal criteria. For example, NY uses the M’Naghten rule which asks if the defendant understood the “nature and quality” of their criminal act or if they knew it was wrong. Gathering this kind of evidence requires specialized psychiatric expertise.
Mitigation in Sentencing
More commonly, defense attorneys involve mental health experts not to excuse the crime itself but to provide mitigating factors that can reduce sentencing or allow for diversion programs. There is a range of assessment types that may uncover conditions like:
- Intellectual disability
- Trauma, PTSD
- Neurocognitive deficits
- Severe mental illness
While these don’t make someone legally insane, they can still influence behavior and judgement in criminal acts. Presenting these conditions to judges and prosecutors enables the attorney to humanize the defendant and advocate for rehabilitation over harsh punishment. The psychologist/psychiatrist plays a key role by conducting evaluations and explaining how the person’s disorder or disability connects to diminished culpability.
Risk Assessments
In cases involving violent crimes or sex offenses, attorneys will often have the defendant undergo a risk assessment by a forensic psychologist. This uses specialized tools to determine the likelihood that the person will reoffend. Demonstrating a low risk level can be enormously beneficial in negotiating plea deals, securing bail/release, and avoiding strict probation requirements.
On the other hand, if risk levels are found to be high, that may necessitate extra safeguards be put in place or even secure inpatient commitment in lieu of incarceration. Either way, these assessments provide data-driven insights that inform negotiations between prosecution and defense.
Competency Issues
Mentally ill defendants sometimes struggle to even participate properly in their own trial. In such situations, defense lawyers can have psychiatrists and psychologists conduct competency evaluations. These aim to determine if the defendant has sufficient present ability to consult with their counsel and comprehend the court proceedings.
If serious deficits exist, the attorney can petition the court to first require competency restoration treatment until the person is deemed fit to stand trial. This ensures the legal process is ethical and the outcome is valid. Restoration usually involves medications and education about the basics of courtroom proceedings.
Psychiatric Medications
Speaking of medications, psychologists and psychiatrists often play an indirect role helping lawyers manage their clients’ wellbeing throughout the lengthy legal process. Jail and prison environments can disrupt necessary psychiatric treatment regimens, causing symptoms to spiral. The clinician may need to frequently communicate with legal counsel about adjustments to prescriptions, side effect concerns, etc.
They may also have to appear before a judge and provide testimony describing the medical necessity of certain medications. This advocacy can help ensure a defendant’s constitutional rights to adequate healthcare are upheld behind bars.
Expert Witnesses
In any case where a psychologist or psychiatrist is brought in to evaluate the defendant, there is a chance they may be called to the witness stand to present their findings. Unlike a treating therapist, these clinicians serve as impartial expert witnesses who analyze the client’s functioning strictly for legal purposes. They will be extensively coached by attorneys on proper courtroom conduct before taking the stand.
Effective expert witnesses have outstanding credentials, communication skills and ability to stay composed under intense cross-examination. They play a make-or-break role in trials where psychology is central to the defense strategy. Even if not called to testify, they still consult closely with lawyers to identify the strongest arguments to make.
Case Study Examples
To see how vital mental health professionals are in criminal defense law, let’s look at two real-world cases from Long Island and how psychologists assisted in legal arguments:
People v. Diaz
In this shocking case, a Long Island nanny was accused of fatally stabbing two small children in her care. The brutality of violence raised immediate questions about her mental stability. A psychiatrist found that the defendant had long struggled with psychotic symptoms and profound mood swings. Though she remained fit for trial, her history pointed to schizoaffective disorder which includes hallucinations.
This supported an extreme emotional disturbance defense which acknowledges a defendant’s diminished control due to mental illness while falling short of insanity. In the end, the judge agreed her psychiatric issues were a major factor during the offense. As a result, charges were reduced to manslaughter allowing for a significantly lower sentence.
People v. Harris
Here, a teenager was charged with robbing several convenience stores at gunpoint on Long Island. A forensic psychologist uncovered that he had borderline intellectual functioning as well as PTSD from childhood abuse and neglect. At trial, it was argued these disabilities left him easily manipulated by peers into committing crimes he did not fully understand.
This testimony evoked sympathy from the judge who saw the teen had potential for rehabilitation with proper counseling and supervision. Rather than harsh punishment, he was sentenced to a rigorous juvenile offender program with chance to expunge charges after completion.
Why Mental Health Experts Are Necessary
As demonstrated above, Long Island defense attorneys rely heavily on mental health professionals like psychologists and psychiatrists to build nuanced arguments about culpability, risk and competence. Their evaluations and expert opinions are crucial for securing fair outcomes for mentally ill or disabled defendants. Especially in complex or high-profile cases, no legal team is complete without this kind of clinical expertise.