The Business of Practice

How Does a Forensic Psychologist Testifying as a Criminal Court Expert Witness Navigate Competency to Stand Trial Evaluations that Hold Up Under Courtroom Scrutiny?

Written by Owen Poindexter | Apr 17, 2026 3:00:00 PM

Competency to stand trial is one of the most frequently raised psycholegal questions in American criminal courts. With more than 100,000 evaluations conducted annually and courts accepting evaluator opinions at rates exceeding 90%, the stakes of this work are difficult to overstate. Each opinion shapes whether a defendant proceeds to trial or is diverted to restoration services, a determination with profound consequences for individual liberty, public safety, and the integrity of legal proceedings.

The weight placed on these opinions makes them prime targets for adversarial challenge. Defense attorneys scrutinize not just what the forensic psychologist concluded, but also how the conclusion was reached, what alternatives were considered, and whether the methodology can withstand sustained cross-examination on the stand. For this reason, developing expertise in competency to stand trial evaluations and developing courtroom resilience to defend those evaluations are two dimensions of a single professional competency.