Forensic Psychological Evaluations
Overview: Dr. Kukor provides forensic psychological evaluations of adults and juveniles. Aimed primarily at answering legal questions, these evaluations are designed and delivered to meet the highest professional and ethical standards. A pioneer in the development of Relevancy Focused report writing, Dr. Kukor's reports maximize objectivity, clarity, and relevance while bringing to bear contemporary critical thinking techniques.
Approach to Evaluations: Each evaluation is guided by meticulous mapping of relevant clinical symptoms to the functional legal capacities in question as they are defined in statute. In an effort to maximize objectivity, criminal forensic evaluation reports typically identify and consider data that support and may not support the final opinion. Any such discrepancies are carefully explained, so that the evidentiary basis for the opinion is crystal clear. Data considered may include self-report, collateral records, mental status/behavioral observation, and as needed, psychological testing and/or forensic assessment instruments. All references to the "ORC" below refer to the Ohio Revised Code. Evaluations done in other jurisdictions will be based upon statutory requirements for that jurisdiction.
Contact Dr. Kukor to discuss his availability to provide a criminal forensic psychological evaluation.
Types of Evaluations:
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Competency To Stand Trial: Per ORC Section 2945.371(H)(3), this evaluation focuses on present mental condition as it concerns the ability to understand the nature and objective of the proceedings and the capacity to assist in one's defense.
Other Criminal Competencies: there are a number of competencies in addition to competency to stand trial that sometimes arise as a case is moving through the criminal justice system. These specific evaluations include competency to confess, competency to plead guilty, competency to waive the right to counsel, and competency to refuse an insanity defense. Specific evaluation procedures relevant to these competencies are tailored to statutory requirements and relevant case law.
Sanity (Criminal Responsibility): Per ORC Section 2945.371(H)(4), this evaluation focuses on past mental condition as it relates to the ability to know the wrongfulness of the acts with which one has been charged.
Post-NGRI: Per ORC Section 2945.40(A), this evaluation is done after an insanity acquittal, and concerns an examination to determine if the evaluate is a mentally ill person subject to court order, or a person with an intellectual disability subject to institutionalization by court order, and if so, the least restrictive commitment environment consistent with therapeutic needs and public safety.
Juvenile Competency to Stand Trial: Per ORC Section 2152.56, this evaluation focuses on whether the child has a mental illness, a developmental disability, or other lack of capacity (e.g., developmental immaturity). Functional legal capacities addressed include the capacity to understand and appreciate the charges, to understand the adversarial nature of the proceeding, (including roles of key courtroom figures), to comprehend and appreciate the consequences that may be imposed, and the capacity to assist in the child's own defense and communicate with counsel. As needed, reasonable accommodations are identified.
Second Opinions: This type of evaluation can be done on any of the evaluation types noted above where there is reason to believe that the first opinion evaluation was flawed in some way. This might include failure to consider relevant and available collateral data, improper use of psychological testing or forensic assessment instruments, suspected bias, or improper reasoning. Note: This involves the evaluation of the examinee and the preparation of a report. If the interest is in the evaluation and critique of a report rather than the evaluation of an examinee, please see the “Consultation” option in the “Services” tab above.
Evaluation of Feigning and/or Exaggeration: Malingering is presently defined in the DSM-5-TR (Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition-Text Revision), as a response style in which false or grossly exaggerated physical or psychological symptoms are intentionally produced and motivated by some external incentive such as avoiding military duty or work, obtaining financial compensation, obtaining drugs, or avoiding sanctions such as going to prison. These evaluations involve a thorough clinical interview in which the known phenomenology of authentic symptoms is used to evaluate symptoms that are self-reported or otherwise claimed. A careful review of collateral records is also an important part of these evaluations to help identify consistency of presentation. Specialized forensic assessment instruments are commonly used to augment the interview and review of records.
Guardianship: Ohio law allows for Probate Court to appoint a guardian over an adult who is thought to be “incompetent,” which per ORC 2111.01, refers to adults who are impaired by a mental or physical illness or disability, intellectual disability, or chronic substance use, such that they are incapable of taking care of themselves, their property, or their family. The evaluation is memorialized by the completion of the “Statement of Expert Evaluation.”
