ForensicMD
Consulting at the Intersection of Mental Health and Law

Criminal Law

 

Criminal Law

expert witness and litigation consultant

 
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Dr. Wiita has conducted thousands of forensic psychiatric evaluations to answer psychiatric-legal questions including competence to stand trial, criminal responsibility, and dangerousness. He has provided thorough and reliable expertise to both defense attorneys and prosecutors. Additionally, he has served as a “court’s expert” when tie-breaking expert opinions are desired. As a psychiatrist, Dr. Wiita has special expertise in psychopharmacology and is able to testify on the appropriateness of psychiatric medications and the effect of medication treatment on issues such as adjudicative competence or dangerousness.

Criminal Law

  • Competence to Stand Trial

  • Insanity/Criminal Responsibility

  • Child Witness Reliability

Juvenile Delinquency

  • Juvenile Culpability

  • Transfer of Juveniles to Adult Criminal Court

  • Appropriateness of Psychotropic Medication in Youth

Special Areas of Expertise

  • Critique of expert witness reports and testimony

  • Malingering

  • Violence Risk Assessment

  • Special sub-cultures (e.g., Sovereign Citizens)

Litigation Consulting

Sometimes retaining your own expert to conduct a psychiatric evaluation and offer testimony is not necessary or not desired. Retaining a board-certified forensic psychiatrist as an expert consultant (or non-disclosed expert) may prove valuable and worthwhile. If retained as an expert witness, Dr. Wiita is bound by the AAPL Ethics Guidelines. As a consultant expert, Dr. Wiita can furnish insights to retaining attorneys that may not be considered discoverable and provide strategic advice to effect successful litigation:

  • Review of medical records to evaluate a case for merit;

  • Examination of medical records for inconsistencies and evidence of nefarious alteration of records;

  • Advise on potentially unexplored avenues for investigation or discovery;

  • Answer psychiatric questions inappropriate for testimony (e.g., why a criminal defendant is not considering a favorable plea bargain or a plaintiff a reasonable settlement);

  • Preparing litigators for the direct- and cross-examination of expert psychiatrists or psychologists;

  • Preparing your expert witnesses for direct- and cross-examination;

  • Critical evaluation of opposing experts’ evaluations, reports, or testimony for negligence or bias.