Forensic Testing
This information regards the statutory capabilities of licensed psychologists. A psychologist who is trained as a Clinical Psychologist is capable of deciding mental competency and can certify individuals for the purpose of placing them in a facility for involuntary hospitalization. With further training as a forensic psychologist, this type of opinion can be utilized by the Court for the purpose of determining whether a defendant meets the legal criteria for insanity, competency to stand trial, and criminal responsibility in general.
Forensic psychologists are familiar with appropriate legal citations regarding competency. In Michigan an individual is legally insane if they lack the capacity to either appreciate the nature and quality of the wrongfulness of their conduct or to conform their behavior to the requirements of law. Mental illness or being developmentally disabled does not otherwise constitute a defense of legal insanity. Mental illness is defined as: A substantial disorder of thought or mood which significantly impairs judgement, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. The insanity statute also provides than an individual who was under the influence of voluntarily consumed or injected controlled substances at the time of the offense is not considered to have been insane strictly because of being under the influence of controlled substances.
In Michigan, Courts have legal authority to remand a defendant to the Forensic Center at Ypsilanti for the purpose of having state-certified psychologists make a determination of mental competency. Appropriately trained psychologists are also used for Independent Medical Examinations (IME) to provide second opinions following referral of a defendant to the Forensic Center but also to provide original opinions on this issue if the Court chooses not to make use of state-certified facilities. A psychologist is “a person licensed to engage in the practice of psychology and who devotes a substantial portion of his or her time to the diagnosis and treatment of individuals with mental or emotional disorders.”
I trained as a Forensic Psychologist during my Internship with Dr. Charles Laufer at Mental Health and Psychological Services in Grand Rapids, Michigan. He supervised a 2,000-hour Internship as well as a post-internship training of 4,000 hours. I became a Licensed Psychologist in 1993 and since that time, I have performed many independent determinations of competency for judges in Clinton and Gratiot County, Shiawassee County, and more recently in Kalamazoo (Ninth Circuit). I devote a substantial portion of my time diagnosing and treating individuals with mental and emotional disorders.
I routinely performed IME for the Department of Health and Human Services in Clinton, Gratiot, Shiawassee, Eaton, and Jackson Counties as well as having performed examinations for Friend of the Court in Clinton, Gratiot, and Eaton Counties. I also evaluate juvenile sex offenders for defense attorneys throughout the state of Michigan.
While there are no profiles that critically determine whether an individual is a sex offender or not, defense attorneys often request an IME for their clients to provide information that will assist the Court in sentencing. In addition, victims can be evaluated to determine the degree to which they have been harmed and a recommended treatment protocol.