Forensic psychiatry applies psychiatric expertise to legal questions, ideally as a neutral expert, and legal conclusions are not moral ones. Good forensic work weighs every explanation, including rational ones, values evidence from the time of the event over later recollection, and ties each conclusion to the data in a way a neutral person can follow. Those same habits make for better clinical work, and forensic cases reveal a group of subtly ill people clinics rarely see.
What it is
Forensic psychiatry is not correctional psychiatry. It is the application of psychiatric expertise and knowledge to legal questions that overlap with psychiatry.
“forensic psychiatry is not correctional psychiatry. Forensic psychiatry is the application of psychiatric expertise and knowledge to legal questions”
1:13Lessons from Forensic Psychiatry: Insanity Defense, Subtle Patients and CulpabilityApr 2025 Also said in 1 more episode
“Forensic psychiatry is when you apply your medical psychiatric expertise to legal questions that overlap with psychiatry in some fashion, also known as answering psychiatric legal questions or addressing those scenarios”
2:54Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 The job is to give advice and lend expertise in a neutral way, not to put weight on the scales in one direction or another.
“your job is to give advice and to lend expertise to in a pretty much neutral fashion rather than putting weight on the scales in one direction or another”
1:44Lessons from Forensic Psychiatry: Insanity Defense, Subtle Patients and CulpabilityApr 2025 Do not confuse your moral reasoning and wishes with legal conclusions. A legal test is a statutory test applied to evidence; a moral judgment is about blame, agency, intention, capacity and the effects of mental illness. They are very different things, and a responsible expert gives an opinion on the legal one.
“you should not equate or confuse your moral reasoning and your moral ideas and wishes with legal conclusions. And I do think a responsible forensic expert working in a case, they are giving an opinion based on the legal conclusion”
3:54Lindsay Clancy Case: Biggest Misconceptions After the Mistrial Explained by a Forensic PsychiatristSep 2026 Also said in 1 more episode
“It's a statutory test that's applied to evidence. And a moral one is a philosophical or ethical judgment about A whole host of things, blame, agency, intention, capacity, in this case, the effects of mental illness. And they're two very, very different things”
5:16Lindsay Clancy Case: Biggest Misconceptions After the Mistrial Explained by a Forensic PsychiatristSep 2026 In an insanity case, the question is not whether the person has a mental illness, or even whether they were psychotic. It is the specific legal question, such as whether they could control their behavior.
“the question isn't does she have a mental illness? The question isn't was she psychotic? The question is could she control her behavior? And that's what's being answered”
9:00Lindsay Clancy Trial: A Forensic Psychiatrist Explains Psychosis, Malingering, & the Insanity DefenseSep 2026 In most developed countries psychiatry is part of the executive branch of the state, like prosecutors and police officers: in a small or sometimes bigger way, we are part of social control and protection.
“in almost every country and probably in most developed countries, Psychiatry is a branch of the executive state. Sorry, it's part of the executive branch of the state. Similarly to prosecutors, police officers, et cetera, in a small way or sometimes in a bigger way, we are part of social control and protection of the people”
12:01Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 The first function of the judicial system is to resolve disputes, not necessarily to get to the truth.
“I'm not so sure the function of a judicial system is to get to the truth. I think the function of a judicial system is to resolve disputes first and foremost”
11:55Lessons from Forensic Psychiatry: Insanity Defense, Subtle Patients and CulpabilityApr 2025 A neutral, ethical expert will reach conclusions that do not help the side that hired them, and those conclusions never see the light of day.
“If you're a neutral and ethical expert, you will come to conclusions that do not help the side that appoints you. But then those conclusions never see the light of day”
21:43Lindsay Clancy Trial: A Forensic Psychiatrist Explains Psychosis, Malingering, & the Insanity DefenseSep 2026 Incompetency to stand trial is far more common than not guilty by reason of insanity, which raises the hard question of what should happen to someone who can never be restored to competency.
“far more common than not guilty by reason insanity is incompetency to stand trial. What should happen to someone who is incompetent to stand trial because of a mental illness and that they can never be restored to competency”
48:06Lindsay Clancy Case: Biggest Misconceptions After the Mistrial Explained by a Forensic PsychiatristSep 2026
How we assess
Consider all the possibilities for a behavior, not just medical diagnoses such as autism or neurodiversity. Rational behavior is on the list too.
“just like in a forensic psychiatry analysis of a moment of any person's behavior, we need to consider all the different possibilities, not just the possibilities that are medical diagnoses like autism or neurodiversity, right? We want to consider rational behaviors”
31:09The Psychology of Elizabeth Holmes in You Can See Everything: Narcissism, Autism, or Manipulation?Oct 2026 One moment of behavior tells you about traits. It says nothing about disorder, and little about why someone did what they did.
“one moment like that alone, again, only tells us about traits, right? It doesn't tell us anything about disorder, and it particularly does not allow us to come to much in terms of conclusions about why someone did what they did in terms of a criminal charge”
30:19The Psychology of Elizabeth Holmes in You Can See Everything: Narcissism, Autism, or Manipulation?Oct 2026 Evidence from the time of the incident is worth more than anyone's recollection afterward, because memory is fallible.
“evidence that is from that time of the incident is worth more than any recollection by a person after the fact because memory is fallible”
15:39Lindsay Clancy Trial: A Forensic Psychiatrist Explains Psychosis, Malingering, & the Insanity DefenseSep 2026 Do not judge a psychotic person's internal logic and declare it illogical; of course it is, it is psychosis. Compare the reported or recorded logic with the surrounding circumstances and history.
“Don't look at the internal logic. And say, that's not logical. Of course, it's not logical. It's psychosis. Compare the reported or recorded internal logic to the surrounding circumstances in the history”
15:24Lindsay Clancy Case: Biggest Misconceptions After the Mistrial Explained by a Forensic PsychiatristSep 2026 Whether it was a voice does not really matter. People with psychotic disorders can experience foreign thoughts, or their own thinking in a way that is intrusive and unlike their normal selves.
“It actually doesn't matter if it was a voice or not, because people with psychotic disorders can experience foreign thoughts or they can even experience their own thinking, but in a manner that is quite intrusive and different than their normal selves”
13:24Lindsay Clancy Case: Biggest Misconceptions After the Mistrial Explained by a Forensic PsychiatristSep 2026 Malingering is not a binary of fully genuine versus fully faked; that is all-or-nothing thinking. There are many varieties.
“people think of malingering as some binary where you're either fully genuine or fully malingering. And that's the splitting aspect again, right? That's all or nothing type thinking. There are so many varieties”
16:27Lindsay Clancy Case: Biggest Misconceptions After the Mistrial Explained by a Forensic PsychiatristSep 2026 In clinic the outcome is simply getting the patient better, so exaggeration matters less. In legal work you have to strike a balance.
“In clinic, our outcome is simply getting the patient better. So we don't have to worry about this stuff as much. But when it comes to the law, we need to strike a balance”
18:45Lindsay Clancy Case: Biggest Misconceptions After the Mistrial Explained by a Forensic PsychiatristSep 2026 Have the person describe events step by step, moment to moment, in a hallucinatory level of detail. There is no time for this in medication management, but there is in therapy and in the forensic interview.
“Have the patient describe the events step-by-step, moment-to-moment in a hallucinatory level of detail. Obviously, you're not going to have time for this in med management, but in the therapy, in the forensic interview”
17:54Psychodynamic Technique and Therapeutic Intervention: Mirroring, Clarification, Confrontation, InterpretationJun 2026 Ask what problems they were having in the period leading up to the offense, and have them walk through a day. A plain narrative of intermittently freezing and not responding can reveal what labels missed.
“what kind of problems were you having at that time in the period leading up to the offense? And so I had her talk about her day and she talked about how she didn't put it in these words, but she basically gave a narrative description of intermittently freezing and not being able to respond throughout the day”
39:35Trauma and PTSD: How the DSM Criteria Actually Help Us Understand What’s Going OnOct 2026 The more sudden, almost religious insight someone has into a strange or highly valued idea, the more likely it comes from a psychotic disorder.
“The more sudden religious insight, basically, you have into a strange idea or a very valued idea, the more likely it is to be from a psychotic disorder”
29:17What Makes a Belief a Delusion? Delusions, Thought Disorder, the TALD ScaleJan 2026 Watch for mismatches. A high, persistent level of achievement does not fit the apparently psychopathic, assaultive behavior that usually comes from a personality disorder, and that mismatch is a clue.
“it was a high level of achievement and persistence in achievement that did not match the kind of apparently psychopathic assaultive behavior that is usually the product of a personality disorder or a personality problem. So that was a mismatch there”
2:14Assessment of Personality: Practical Assessment in a Short TimeframeMay 2025
Opinions and reports
Connect your conclusion to what you are seeing, and the best way to do that is to consider the context.
“you need to make connection between your conclusion and what you're seeing. And again, the best way to do that is to actually consider the context”
18:50Lindsay Clancy Trial: A Forensic Psychiatrist Explains Psychosis, Malingering, & the Insanity DefenseSep 2026 Because psychiatry is so fuzzy, forensic and general psychiatrists need to know exactly what is based in science, what in clinical experience, and what in neither.
“because psychiatry is so fuzzy, it's especially important that forensic and general psychiatrists know exactly what is based in science, what is based in clinical experience, and what is not”
5:29Lessons from Forensic Psychiatry: Insanity Defense, Subtle Patients and CulpabilityApr 2025 Any good forensic determination requires being a good psychiatrist: real experience trying to evaluate and tell these conditions apart in many people, and seeing how well you did.
“any good forensic psychiatric determination requires you to be a good psychiatrist. You need experience as a psychiatrist. You need to have actually attempted to evaluate and differentiate all these things in many, many people and seen How successful you've been”
22:29Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 There are not that many outright hired guns who knowingly give the attorney the opinion they want. There are more and less talented evaluators.
“there aren't really so many people who are just outright hired guns. People who detect knowingly what the attorney wants in terms of opinion and gives it. I think that there are just more and less talented evaluators”
8:51Lessons from Forensic Psychiatry: Insanity Defense, Subtle Patients and CulpabilityApr 2025
Lessons for clinical practice
Your opinions are accepted only if you lay out the data you used and the reasoning that connects it to your conclusion. Patients, likewise, should not have to believe you because of the diploma on the wall.
“your opinions are only accepted if you can lay out the database that you used and your reasoning to connect the evidence that you reviewed to get to your conclusion. And in the same way, you can't expect patients to simply believe you because you've got a diploma on the wall”
45:51Probably The Most Important Topic in Psychiatry: Therapeutic Alliance and FrameJan 2025 Any clinical conclusion should rest on a basis you can explain to a neutral audience, and be intelligible to the average reasonable person, who may be your patient or an independent observer.
“when you give an opinion, when you have a conclusion, a clinical conclusion for a patient, you better have that on a good basis that you can explain to a neutral audience”
7:12Lessons from Forensic Psychiatry: Insanity Defense, Subtle Patients and CulpabilityApr 2025 Also said in 1 more episode
“making your assessment and opinions intelligible to the average reasonable person. And that average reasonable person may be your patient. Or it may be an independent observer”
51:45Lessons from Forensic Psychiatry: Insanity Defense, Subtle Patients and CulpabilityApr 2025 In clinical work we do not diagnose to decide whether something is purposeful or whether the patient is responsible. We diagnose to inform the treatment plan and the patient's treatment targets.
“in a clinical setting, we don't diagnose to decide if something is purposeful or whether the patient is responsible, right? We're diagnosing to inform our treatment plan and to inform the patient of, What are your treatment targets”
19:28What Psychiatrists Get Wrong About Personality DisordersOct 2024 There is a whole section of people who are just ill enough to get by in society without a clinic or hospital, yet ill enough to land in trouble with the law. Moderate-grade psychosis often goes unnoticed, but it can shape decisions, thinking and beliefs.
“There is this whole section of humanity that is just mentally ill enough to exist in society most of the time without having to go to a clinic or hospital. Yet also that may land them in some trouble with the law”
25:26Lessons from Forensic Psychiatry: Insanity Defense, Subtle Patients and CulpabilityApr 2025 Also said in 1 more episode
“the moderate grade severity psychosis often goes unnoticed. but it can impact people's decision-making, thinking, and beliefs about the world”
1:00:19Psychosis: History, Delusions, Diagnosis, Theories, and Modern CareNov 2024
Pearls
One odd finding you only see in forensics: people can develop PTSD from being the assailant, even the murderer.
“there's one more weird one that you only see in forensics. People can develop PTSD from being essentially the assailant, the murderer. Interesting, isn't it”
7:43Trauma and PTSD: How the DSM Criteria Actually Help Us Understand What’s Going OnOct 2026 A trauma met through a delusion or hallucination is technically not objectively threatening, but someone who cannot tell it from reality is, in effect, objectively threatened.
“If you encounter it because of a delusion, right? A hallucination. It's technically not objectively threatening. But I would say that that's a situation where most people encountering that and unable to tell it apart from reality would be objectively threatened”
7:15Understanding Trauma and PTSD, Diagnosis and Dissociation | Episode 21Apr 2025
From these episodes
- The Psychology of Elizabeth Holmes in You Can See Everything: Narcissism, Autism, or Manipulation?Oct 2026 · 2 points
- Trauma and PTSD: How the DSM Criteria Actually Help Us Understand What’s Going OnOct 2026 · 2 points
- Lindsay Clancy Case: Biggest Misconceptions After the Mistrial Explained by a Forensic PsychiatristSep 2026 · 7 points
- Lindsay Clancy Trial: A Forensic Psychiatrist Explains Psychosis, Malingering, & the Insanity DefenseSep 2026 · 4 points
- Psychodynamic Technique and Therapeutic Intervention: Mirroring, Clarification, Confrontation, InterpretationJun 2026 · 1 point
- What Makes a Belief a Delusion? Delusions, Thought Disorder, the TALD ScaleJan 2026 · 1 point
- Assessment of Personality: Practical Assessment in a Short TimeframeMay 2025 · 1 point
- Understanding Trauma and PTSD, Diagnosis and Dissociation | Episode 21Apr 2025 · 1 point
- Lessons from Forensic Psychiatry: Insanity Defense, Subtle Patients and CulpabilityApr 2025 · 8 points
- Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 · 3 points
- Probably The Most Important Topic in Psychiatry: Therapeutic Alliance and FrameJan 2025 · 1 point
- Psychosis: History, Delusions, Diagnosis, Theories, and Modern CareNov 2024 · 1 point
- What Psychiatrists Get Wrong About Personality DisordersOct 2024 · 1 point
Every point above is something said on the Psychofarm podcast, with the words as spoken and a link to the moment in the episode. It is education, not medical advice, and an episode reflects what we thought when we recorded it.