Expert Recommendations

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Chapter 4: Psychological Evaluations

Expert Recommendations

After reviewing all of the relevant information and completing relevant assessments, psychological experts may provide recommendations for treatment or release conditions.

An expert may recommend any combination of the following:

  • No unsupervised contact with minors
  • No use of websites or other communication methods where child pornography might be present
  • No use of technology strategies commonly used to access child pornography
  • Initiation or continuance of treatment with mental health providers, possibly including specific recommendations for types of treatment to pursue
  • Participation in support, education, or social skills groups
  • No volunteering or working in roles that would facilitate close access to children
  • Developing a risk prevention plan

They may also opine as to whether or not a person is likely to comply with conditions of release.

Depending on the unique circumstances of each case, a psychological expert may make recommendations at many different stages of the case:

Pre-Trial
  • Conduct a thorough evaluation of the client’s mental health history, including any relevant diagnoses, personality traits, or psychosocial factors
  • Assess the defendant’s capacity to understand the charges, assist in their defense, and stand trial
    • If there are concerns about the defendant’s ability to stand trial, understand the legal proceedings, or to assist in their defense, the expert may recommend competency assessments
  • Investigate potential underlying issues such as mental disorders, cognitive impairments, or past trauma that may have contributed to the alleged offense
Mitigation
  • Identify and present mitigating factors that may influence sentencing, including exploring the defendant’s background, upbringing, and any history of abuse or trauma
  • Examine whether the defendant’s actions may be linked to psychological issues (see Relevant Conditions)
Trial
  • Offer expert testimony to help the judge or jury understand the unique psychological aspects of the case
  • Provide insights into the defendant’s mental state at the time of the alleged offense, discussing any relevant factors that may affect culpability or intent
Sentencing
  • Assist in the preparation of a presentence investigation report, emphasizing psychological factors that may warrant a more lenient sentence
  • Recommend therapeutic interventions or treatment options that could address the underlying psychological issues

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