Reference

Forensic Neuropsychiatry Glossary

Key terms in forensic neuropsychiatry defined for attorneys and legal professionals. Prepared by Shafi Lodhi, MD, board-certified forensic psychiatrist with dual fellowship training at Stanford (forensic psychiatry + BNNP).


Behavioral Neurology & Neuropsychiatry (BNNP)
A subspecialty fellowship accredited by the United Council for Neurologic Subspecialties (UCNS) that trains physicians to diagnose and manage cognitive, emotional, and behavioral disorders caused by brain disease or injury. BNNP fellowship can be entered from either a psychiatry or neurology residency. Fewer than 50 fellowship positions exist in the United States. Dr. Shafi Lodhi completed his BNNP fellowship at Stanford University School of Medicine. Learn more →
Testamentary Capacity
The legal standard requiring that a testator, at the time of executing a will, understood the nature and extent of their property, the natural objects of their bounty (heirs), the nature of the testamentary act, and how these elements relate to form a coherent disposition plan. Neurocognitive disorders such as dementia are the most common cause of impaired testamentary capacity. Learn more →
Competency to Stand Trial
A constitutional requirement (Dusky v. United States, 1960) that a criminal defendant have a rational and factual understanding of the proceedings and sufficient ability to consult with their attorney. Competency is assessed at the present time, distinct from criminal responsibility, which evaluates mental state at the time of the offense. Learn more →
Traumatic Brain Injury (TBI)
An alteration in brain function caused by an external force to the head. TBI ranges from mild (concussion) to severe and can produce lasting cognitive, emotional, behavioral, and personality changes. Approximately 2.8 million Americans sustain a TBI annually. TBI is classified by Glasgow Coma Scale score, duration of loss of consciousness, and duration of post-traumatic amnesia. Learn more →
Chronic Traumatic Encephalopathy (CTE)
A progressive neurodegenerative disease associated with repetitive head impacts, most commonly seen in contact sport athletes and military veterans. CTE produces cognitive decline, behavioral changes, mood disturbance, and eventually dementia. Definitive diagnosis currently requires post-mortem neuropathological examination, though clinical diagnostic criteria are under development.
Malingering
The intentional fabrication or exaggeration of physical or psychological symptoms motivated by external incentives such as financial compensation, avoiding criminal prosecution, or obtaining medications. Forensic detection requires validated symptom validity testing, performance validity assessment, structured clinical interview, and integration of clinical data with collateral information.
Undue Influence
Excessive pressure exerted upon a vulnerable person that overcomes their free will and substitutes the will of the influencer. Forensic evaluation assesses the individual's vulnerability (cognitive impairment, physical dependency, social isolation), the influencer's opportunity and disposition, and whether the resulting disposition reflects the influencer's intent rather than the testator's. Learn more →
Diminished Capacity
A legal defense asserting that a mental condition prevented the defendant from forming the specific intent required for a crime. Unlike the insanity defense, diminished capacity does not produce acquittal but may reduce the severity of the charge. Availability and standards vary significantly by jurisdiction. Learn more →
Independent Medical Examination (IME)
An objective medical evaluation by a physician with no prior treatment relationship with the examinee, typically requested by insurance carriers, defense attorneys, or employers. A neuropsychiatric IME assesses diagnosis, causation, functional impairment, treatment appropriateness, prognosis, and maximum medical improvement. Learn more →
Fitness for Duty (FFD)
An evaluation determining whether an individual's mental health and cognitive functioning allow them to safely perform essential job functions. A neuropsychiatric FFD specifically assesses executive function, processing speed, judgment, and decision-making: the neurocognitive domains most relevant to high-stakes professional roles. Learn more →
Criminal Responsibility (NGRI)
Assessment of whether a defendant's mental state at the time of the alleged offense meets the legal standard for the insanity defense, typically whether a mental disease or defect prevented understanding the nature and quality of actions or knowing they were wrong. Jurisdictions apply different standards: M'Naghten, ALI/Model Penal Code, or Durham. Learn more →
Neurocognitive Disorder
A DSM-5 clinical category for conditions with decline from a previous cognitive level in domains including attention, executive function, memory, language, perceptual-motor function, and social cognition. Major neurocognitive disorder corresponds to what was previously called dementia. Etiologies include Alzheimer's disease, vascular disease, Lewy body disease, frontotemporal degeneration, and TBI.

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