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Practice Area

Criminal Responsibility

The evaluation of criminal responsibility requires a thorough analysis of the defendant's mental state at the time of the alleged offense. LFPS applies jurisdiction-specific legal standards — including variations of the M'Naghten, Model Penal Code, and other tests — to complex clinical presentations, integrating psychiatric diagnosis with the precise legal criteria required by the court.

Legal Questions That Arise

01

Did the defendant have a severe mental disease or defect at the time of the offense?

02

Was the defendant able to appreciate the nature and quality of their actions?

03

Was the defendant able to appreciate the wrongfulness of their conduct?

04

How do co-occurring substance use disorders affect the criminal responsibility analysis?

When Counsel May Seek Consultation

Counsel should consider engaging LFPS early when a client's psychiatric history, behavior at the time of the offense, or post-arrest presentation raises questions about mental state. Early consultation can help identify the relevant clinical issues and inform case assessment and decisions regarding expert retention.

Methodology

LFPS conducts a comprehensive evaluation including a detailed clinical interview, review of all available medical and psychiatric records, collateral interviews, and psychological testing when indicated. We apply established forensic frameworks to formulate opinions that are evidence-based and capable of withstanding rigorous cross-examination.

Questions about criminal responsibility?

Contact us to discuss the psychiatric dimensions of your case and explore whether consultation from LFPS may be appropriate.

Attorney Inquiry