Workshop 2
Mental State at the Time of the Offense: Conducting Evaluations of Insanity and Diminished Capacity
3.5 CE hours
8:30 AM – 12 PM
Jessica R. Hart, Ph.D., ABPP
Dana L. Formon, Ph.D., ABPP
Mental state at the time of the offense (MSO) evaluations involve a retrospective analysis of a defendant’s thoughts, emotions, and behaviors before, during, and immediately after an alleged offense. This workshop (designed for individuals with some prior experience) will begin with a brief review of landmark case law related to MSO evaluations, as well as a discussion of jurisdictional differences (e.g., M’Naghten vs. ALI, know vs. appreciate). We will discuss best practices in the field, including for conducting an MSO evaluation, writing the report for the trier of fact, and testifying. Importantly, we will also discuss factors such as assessing for malingering, considering amnesia for the time of the offense, handling pressures from attorneys, considering state-specific case law (e.g., deific decree), weighing the influence of substance use on the presenting symptoms, and common ethical scenarios encountered in this evaluation type. The final portion of this workshop will involve a series of small and large group discussions on complex case presentations to include considerations for insanity and diminished capacity opinions.
Identify and differentiate between key legal standards governing mental state at the time of the offense (MSO) evaluations, and articulate how jurisdictional variations influence forensic evaluation procedures and testimony.
Demonstrate best practices in conducting MSO evaluations and communicating opinions to the trier of fact, including data collection and integration, report writing, and ethical presentation of findings during testimony.
Critically analyze complex case scenarios involving factors such as malingering, claimed amnesia, substance-related impairment, and attorney pressures to form defensible, ethically sound opinions consistent with forensic and legal standards.