Criminal Proceedings:
Competency to Stand Trial
Dr. Smith conducts evaluations of competency to stand trial and has testified as an expert witness in competency hearings. Dr. Smith conducts evaluations to determine if a defendant is capable of representing himself/herself in conducting his/her own trial
Criminal Responsibility
Dr. Smith conducts evaluations to determine whether support exists for a defendant to mount an insanity defense. Based on her findings, cases have been dismissed and/or resolved with an NGRI plea.
Dr. Smith conducts evaluations to determine if there is psychological evidence that the defendant lacked the capacity to form the “requisite specific intent” to commit a particular offense. She has testified as an expert at trial and in sentencing hearings based on her findings.
Capacity to Waive Miranda Rights
Dr. Smith conducts evaluations of defendants who have waived Miranda rights and given a statement. Through examination of available data, she determines whether the Miranda waiver was valid (i.e., “knowing,intelligent, and voluntary”). Defendant factors associated with invalid Miranda waivers include intellectual disability, adolescence, mental illness, and substance intoxication. Dr. Smith has testified as an expert in a suppression hearing.
Alleged False Confession Analysis
In cases of alleged false confessions, Dr. Smith conducts evaluations to determine the presence of dispositional and situational factors associated with an increased risk of making a false confession. Situational factors include lengthy or repeated interrogations, sleep deprivation, presentation of false evidence, minimization techniques, and psychological coercion. Dispositional factors include intellectual disability, adolescence, and mental illness. Dr. Smith has testified at trial regarding findings of alleged false confession analyses.
Sentencing Mitigation
Dr. Smith conducts diagnostic psychological evaluations of defendants to determine the presence of mental disease or defect. For cases in which the evidence falls short of support for a psychological defense, but in which psychological problems were factors in the criminal act, Dr. Smith’s findings have been used to negotiate appropriate dispositions. Findings are conveyed through written reports, in joint meetings with the defense attorney and prosecutor, and through sentencing hearing testimony.
Capital Murder/Life without the Possibility of Parole (LWOP)
Dr. Smith works as an expert on death penalty and LWOP cases.
Substance Abuse Evaluations
Dr. Smith conducts evaluations to diagnose substance use disorders, identify any co-occurring psychological conditions, and make treatment recommendations when indicated.
Probation or Parole Violation Evaluations
Dr. Smith evaluates individuals who are charged with violating conditions of probation or parole to determine if the violations were due to undiagnosed substance use or psychological disorders and whether treatment in lieu of incarceration appears indicated.
Juvenile Court Proceedings:
Transfer Hearings
Dr. Smith evaluates adolescents facing transfer to be tried as adults and has testified as an expert in transfer hearings. After conducting a comprehensive evaluation of the juvenile, Dr.Smith addresses the following criteria:
- Is the juvenile committable due to mental illness or developmental disability? If yes, the juvenile should not be transferred.
- If not committable, what services has the juvenile received and what has been the response to intervention?
- Are there additional services available within the juvenile justice services such that the juvenile can be rehabilitated by age 19?
Competency Evaluations
Dr. Smith conducts evaluations of juveniles for competency to stand trial for defense attorneys and by court order. These evaluations involve consideration of level of developmental maturity as a factor in determining the juvenile's ability to navigate the juvenile court process and to assist in his or her defense.
Disposition
Dr. Smith conducts evaluations of juveniles who have pled “true” to juvenile court petitions to determine treatment needs.
Civil Court Proceedings:
Fitness for Duty Evaluations
Dr. Smith conducts evaluations of law enforcement officers who have been referred internally for fitness for duty evaluations
Independent Medical Evaluations
Dr. Smith conducts evaluations to determine the cause and extent of injury and functional impairment where liability is at issue.
Need for Involuntary Commitment
Dr. Smith conducts evaluations to determine whether an individual meets criteria for involuntary commitment.
Need for a Conservator
Dr. Smith conducts evaluations to aid in determining whether an individual, due to a mental disability or mental condition, needs a conservator to manage their person (i.e., treatment needs) and/or their property (i.e., financial assets).