Also known as: psychiatric examinations · psychiatric exam · psychiatric exams · mental examination · psych exam
Written by attorneys · grounded in primary & secondary sources — see below
A court-ordered assessment of a party's mental condition performed by a suitably licensed or certified examiner. The order issues when the condition is genuinely in controversy and the moving party demonstrates good cause.
Select any source to read its text and confirm it supports the definition.
Lila sues her employer after a robbery, claiming ongoing panic attacks and an anxiety disorder that prevents customer-facing work. The retailer moves for an order requiring her to undergo an independent psychological examination by a licensed examiner. The court grants the motion because her mental condition is placed directly in controversy by the damages allegations.
Glen Burton Ake faces murder charges and his bizarre pretrial behavior prompts questions about sanity. He makes a preliminary showing that an insanity defense is likely and requests state-funded psychiatric examination and testimony. The court orders access to a psychiatrist to assist in preparing the defense and to address future dangerousness at sentencing.
Ernest Benjamin Smith is charged with capital murder and informally ordered to undergo a psychiatric examination to determine competency to stand trial. The examiner later testifies at the penalty phase about Smith's future dangerousness without any prior Miranda warnings. The court holds that the statements obtained in violation of the Fifth Amendment privilege cannot be admitted.
A prosecutor discloses only the psychiatrist's report finding the defendant sane while withholding reports from another psychiatrist and psychologist indicating insanity. The nondisclosure prevents defense counsel from developing a mental-state defense through further examinations. The court orders a new trial because the suppressed evidence could have altered the entire course of trial preparation.
A defendant convicted of felony murder seeks to avoid the death penalty by showing he did not personally kill or intend to kill. The court considers whether psychiatric examination evidence could establish lack of intent or dangerousness. The examination results help determine whether the death sentence is disproportionate under the Eighth Amendment.
A defendant moves for a second psychiatric examination after an initial Bellevue Hospital evaluation found him competent to stand trial. Counsel seeks appointment of a private psychiatrist to reassess competency in light of new observations. The court grants the request to ensure an adequate determination of the defendant's ability to assist in his defense.
A mental condition is in controversy when the plaintiff affirmatively places it at the center of the case by alleging specific psychiatric harm or disability that forms the basis for damages. Mere garden-variety emotional distress does not suffice. The moving party must also show good cause, typically by demonstrating that existing records are inadequate and an independent evaluation is necessary.
Supporting sources
…Roberts v. United States , 445 U. S. 552, 560 (1980). The Miranda requirements were certainly not designed by this Court with psychiatric examinations in mind. Respondent was simply not in the inherently coercive situation considered in Miranda . He had already been indicted, and counsel had been appointed to represent him. No claim is…
…opinion of the Court. The issue in this case is whether the Constitution requires that an indigent defendant have access to the psychiatric examination
…trial violated the defendant's Fifth Amendment privilege against self-incrimination because he had not been told before his psychiatric examination
…clearly prevented defense counsel from developing the possibly dispositive defense that he might have developed through further psychiatric examinations
…he entered Metropolitan Hospital for treatment. The record also discloses that prior to the trial Freeman's counsel moved for a psychiatric examination
No. The existence of prior examinations or records does not eliminate the defendant's right to an independent evaluation when the condition remains genuinely disputed. Courts may limit scope or conditions to avoid unnecessary duplication, but the rule authorizes a fresh examination by a suitably licensed examiner chosen by the moving party.
Supporting sources
The order may be entered only on motion showing good cause, with notice to all parties and the person to be examined. The court must specify the time, place, manner, conditions, scope, and examiner. These requirements protect against unwarranted intrusions while ensuring the examination serves the needs of the litigation.
Supporting sources
Statements made during a psychiatric examination ordered without Miranda warnings cannot be introduced at trial or sentencing to prove an element of the offense or future dangerousness. The privilege against self-incrimination applies when the examination is used to establish guilt or enhance punishment. Harmless-error analysis may apply in some circumstances.
Supporting sources