Mental State at Offense

Synonyms

Diminished capacity; Insanity defense

Definition

Mental state at the time of the offense evaluations can be requested by the defense, the prosecution, or the courts. An evaluation to determine the mental state at the time of the offense is a nonconfidential evaluation generally consisting of several aspects to consider. The first and most important piece focuses on historical information about the defendant. Insight into the defendant’s history of mental illness, bizarre behavior, and any suspected neuropsychological defects should be evaluated. The next, but often more difficult aspect to determine concentrates on the defendant’s mental state at the time the offense occurred. This can be done through direct questioning of the defendant as well as interviews with third-party observers such as family, friends, and/or law enforcement on scene at the time of the offense. The final piece considered in the mental state at the time of the offense evaluation that is often considered...