Our civil and criminal forensic services are contracted via federal, state, or county courts, the prosecuting attorney, defense counsel, or the representing attorney in a civil matter. We do not perform forensic evaluation services directly for any individual citizen who is a party in a current or prospective legal matter.

In general, forensic evaluations differ from clinical evaluations because the purpose of the assessment is to answer very specific, and often narrow legal questions, rather than to develop a global picture of an individual’s psychology. Also, in contrast to regular clinical evaluations that are usually aimed at helping the evaluee in some way, forensic evaluations are aimed at objectively informing the legal questions whether or not it ultimately “helps” the evaluee. As such, forensic evaluations are frequently investigative in nature.

The knowledge, skills, and methodology utilized by clinicians in forensic evaluations is often quite different than what is used by clinicians in general evaluations. For example, forensic evaluators frequently conduct interviews with an array of collateral informants rather than relying only on interviews with the evaluee as is typical in a general evaluation. Another example is that forensic clinicians routinely assess for potential malingering, which is the “faking” or exaggerating of symptoms in order to achieve a more positive legal outcome.  Malingering is far less of a concern in general evaluations. 

While performing diagnostic assessments is frequently a part of our forensic work, our services are not limited to ascertaining an individual’s diagnosis or even limited to assessing individuals. Our forensic services include treatment, consultation, records and case review, and trial preparation. Some of our most common forensic services are discussed or listed below.

 

Civil and Criminal Cases

· Litigation Consultation including:

¨ Case review - guidance on the psycholegal merits of a case

¨ Case conceptualization and strategy development

¨ Preparation of deposition and cross-examination questions for lay and expert witnesses

¨ Review of opposing expert's credentials

¨ Review of the appropriateness and validity of previous psychological evaluations

¨ Advisability of the attorney’s client or others testifying

· Summary of the latest clinical research related to a particular case for use in case development and voir dire of opposing experts

· In trial consultation

· Assistance and Consultation for Attorneys to improve or facilitate their working relationship with difficult clients

· Expert witness services as either an evaluating and testifying expert or as a non-evaluating, educational expert. An educational expert does not evaluate anyone, but instead provides educational testimony to the triers of fact who may then use the testimony in making their case determinations

 

Civil Cases

· Independent Medical Examination (IME) for post traumatic stress disorder,

· Dangerousness Evaluations also have applications in civil law. For example, the assessment may be used to determine if individuals present an imminent danger to themselves or others, and, if so, are they in need of a civil commitment

· Personal Injury or Worker’s Compensation Evaluations for emotional distress, cognitive injury or personality changes

· Psychological evaluations for child custody cases

· Evaluations of Civil Competencies, such as the abilities to execute a will, make treatment decisions, proceed as a plaintiff in a lawsuit, or testify

· Determinations of malpractice for psychologists, psychiatrists, and other mental health professional who may breach confidentiality, engage in conflict of interest behaviors, fail to administer informed consent, or fail to meet the standard of care for mental health professionals

· Evaluations or consultation regarding American's with Disabilities Claims

 

Criminal Cases

· Competency to Stand Trial Evaluations (CST) are used to determine if a defendant in a criminal matter has sufficient present mental capacity to understand the basic details of court proceedings and if the defendant has the ability to interact with an attorney in a manner that allows them to assist in the defense against the charges at issue.

· Mental Status at the Time of the Offense (MSO) Evaluations, more commonly referred to as Insanity Evaluations, seek to determine whether the defendant was suffering from a mental illness or defect at the time an offense was committed and whether the defendant’s mental illness or defect interfered with his or her knowledge of right and wrong at that time. Mens Rea and Actus Reus testimony may be provided.

· Death Penalty Mitigation Investigations are comprehensive, multigenerational, biopsychosocial investigations of an individual’s psychology, background, and life circumstances that aim to uncover why and how a defendant has developed into the particular person who has been charged with a capital offense. The ultimate goal of these investigations is to provide the defense team, and, in turn, the triers of fact with sufficient information about the defendant to render a just verdict in a capital death case. Usually, the defendant is evaluated for potential neuropsychological deficits, mental retardation, mental illness and conditions that may impact their functional abilities. Detailed social histories are compiled and potential mitigation witness are identified and interviewed. We may perform all or only part of the overall mitigation investigation depending on the attorney’s preference. We may serve as testifying experts, trial consultants, educational witnesses, or our involvement maybe limited to pre-trial services. While we prefer to conduct mitigation investigations pre-trial, we frequently address mitigation for appellate attorneys.

· Dangerousness Risk Evaluations have a variety of purposes. Generally speaking, this type of assessment is used to determine an individual’s level of risk for engaging in acts of violence against people or property in a given environment and for a particular length of time. Dangerousness risk evaluations may be requested before or during a trial to assist with sentencing options, at the time of a parole hearing to assist with release decisions, or for sex offenders who are nearing the completion of their sentences in order to assist with civil commitment determinations or conditional release planning.

· Assist the defendant in understanding and processing the information necessary to rationally consider a plea given the case facts and circumstances.

· Assessment of an individual’s ability to:

¨ give a voluntary confession

¨ understand Miranda warnings

¨ consent to search or seizure

¨ make legal strategy decisions such as pleading guilty, declining an insanity defense or proceeding pro se

¨ be sentenced and executed

To contact us:

Dr. Goodness & Associates

121 Olive Street

Keller, Texas 76248