Emotional Damages Episode 6 Recap: Expert Witness Standards, Psychopathy and Cultural Psychiatry with Dr. Ayesha Ashai
Forensic psychiatry plays a crucial role in both criminal and civil litigation, yet its distinctions from clinical psychiatry are often misunderstood. In this episode of Emotional Damages, forensic psychiatrist Dr. Ambarin Faizi sits down with Dr. Ayesha Ashai, a board-certified forensic psychiatrist, to explore how forensic evaluations influence legal cases, from competency assessments to criminal responsibility determinations and emotional damages claims.
Dr. Ashai, a highly sought-after expert witness, has testified in high-profile criminal cases and has been featured in true crime media, including Pathological: The Lies of Joran Van der Sloot on Peacock. She shares her expertise on competency to stand trial, the insanity defense, psychopathy, and the ethics of expert witness testimony.
Key Insights from The Episode:
The Difference Between Clinical and Forensic Psychiatry
Forensic psychiatrists and clinical psychiatrists serve fundamentally different roles in the legal system. While clinical psychiatrists treat patients and advocate for their well-being, forensic psychiatrists act as objective evaluators who provide independent opinions on legal issues such as competency, criminal responsibility, and emotional distress claims.
Dr. Ashai emphasizes that forensic psychiatry prioritizes truth and justice over advocacy:
“As a forensic psychiatrist, I’m not treating that person. Our role is more as a fact or truth-finder. We are there to look at all the information, whether it is hurtful or helpful to that evaluee.”
This distinction is crucial in legal settings, where forensic psychiatrists must remain neutral regardless of which side retains them.
Competency to Stand Trial: Why Legal Standards Vary by State
Competency assessments are a critical component of criminal cases, but each state has different legal definitions for determining whether a defendant can stand trial. Some states require defendants to have a “factual and rational understanding” of the proceedings, while others focus on their ability to appreciate the nature of the trial and assist in their defense.
Dr. Ashai discusses how forensic psychiatrists must tailor their evaluations to meet the specific legal criteria of the jurisdiction where the case is being heard.
Psychopathy: Common Misconceptions and Legal Implications
Psychopathy is often misunderstood and misapplied in forensic cases, particularly in discussions about criminal behavior and responsibility. Dr. Ashai clarifies that psychopathy is a distinct personality construct characterized by traits such as lack of empathy, manipulation, impulsivity.
However, not everyone who exhibits one of these traits is a psychopath. She explains:
“ There are multiple different traits that that person can have that indicate that they have psychopathic tendencies or they have a psychopathic disorder. But if you just take one of those out and look at it, then it doesn’t mean that they’re a psychopath just because they are superficially charming.”
Understanding psychopathy is essential in criminal responsibility evaluations, as it helps distinguish between true psychopathic traits and other mental health conditions that might impact behavior.
The Ethics of Expert Witness Testimony: Avoiding the “Hired Gun” Trap
One of the biggest challenges in forensic psychiatry is maintaining objectivity when serving as an expert witness. Some forensic experts act as hired guns, shaping their opinions to align with the interests of the attorneys who retain them.
Dr. Ashai strongly opposes this practice:
“We are not hired to provide a favorable opinion—we are hired to provide an honest, evidence-based assessment.”
She shares her experiences encountering opposing experts who ignore key evidence and explains why attorneys should seek board-certified forensic psychiatrists who adhere to ethical standards.
Cultural Considerations in Forensic Psychiatry
Cultural background significantly influences psychiatric evaluations and legal decision-making. In both criminal and civil cases, understanding an individual’s sociocultural context is essential for an accurate assessment.
Dr. Ashai recalls a case in which an opposing expert failed to consider cultural factors, leading to a mischaracterization of the evaluee’s mental state. She stresses the importance of cultural competence in forensic evaluations, particularly when working with diverse populations.
Understanding Forensic Psychiatry’s Role in the Legal System
Forensic psychiatry plays an indispensable role in the justice system, influencing everything from criminal responsibility assessments to civil emotional distress claims. Dr. Ashai’s expertise highlights the importance of ethical forensic evaluations, cultural competence, and staying true to the evidence—regardless of which side retains the expert.
Listen to Episode 6 now and subscribe to Emotional Damages on your favorite podcast platform.
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