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A criminal prosecution occurs when the government (state or federal) charges an individual with the commission of an act that is forbidden by statute and punishable either by imprisonment or by a fine. The criminal process is the most highly formalized of any adjudicatory proceeding. Criminal proceedings vary from jurisdiction to jurisdiction, though generally are highly structured processes established by statute, court rule, or long tradition. Forensic psychologists play an important role at many stages of a criminal case, including pre-trial, during the trial, and at the sentencing stage. Some examples of pretrial involvement by forensic psychologists include conducting evaluations regarding a defendant’s competency to stand trial or mental status at the time of the offense. Forensic psychologists may also be asked to conduct a presentence evaluation, which may focus on a defendant’s dangerousness, treatability, competency to be sentenced or executed, or sentence mitigation factors. A psychological evaluation of their client can help the defense attorney better understand their client’s functioning and thus help them plan their defense. Throughout the trial, a forensic psychologist can work behind the scenes as a consultant for either the prosecution or defense, to help them frame lines of questioning and notice the strengths and weaknesses of the other sides argument as to the defendant’s mental health and how that impacts the case, as well as review any psychological testing data being used by either side in their case. During disposition, a risk assessment can help the judge determine if treatment is a viable option to incorporate into the sentence.
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