Malingering is related in some ways to somatoform disorders and factitious disorders. However, there are also distinct differences. A patient with a factitious disorder like Munchausen’s, does not pretend to be sick in order to get drugs, money or disability. They lie, exaggerate and actually make themselves genuinely ill in order to be a patient.
According to (Conroy, 2006) a person who is malingering is behaving intentionally, which means it is done with conscious awareness. Therefore, intentionality is a significant factor to address when performing an evaluation in which malingering is suspected. Malingering is an issue that is frequently encountered while working with the forensic population. Malingering is typically categorized into cognitive, psychiatric, or global subtypes both cognitive and psychiatric. An example is an inmate telling the prison staff that he is suicidal so that he or she can be moved from general population to the mental health unit or even to a psychiatric hospital.
According to Steffanet (2007), malingering can occur in court proceedings as well. As seen in the case of Thabiso Prince Montsho. When a person fakes a mental illness in the court, usually a psychologist is called in to perform several psychological tests to assess mental capacity, criminal responsibility and level of understanding for court …show more content…
Within the legal system the term tends to be given its ordinary meaning of the deliberate, conscious feigning of symptoms for an ulterior purpose. The only specific definition that can be found in legislation occurs in the context of military law and covers: (a) falsely pretending to be suffering from sickness or disability; (b) injuring oneself with intent to avoid service; and (c) doing or failing to do anything to produce, or prolong or aggravate, any sickness or disability, with intent to avoid
According to (Conroy, 2006) a person who is malingering is behaving intentionally, which means it is done with conscious awareness. Therefore, intentionality is a significant factor to address when performing an evaluation in which malingering is suspected. Malingering is an issue that is frequently encountered while working with the forensic population. Malingering is typically categorized into cognitive, psychiatric, or global subtypes both cognitive and psychiatric. An example is an inmate telling the prison staff that he is suicidal so that he or she can be moved from general population to the mental health unit or even to a psychiatric hospital.
According to Steffanet (2007), malingering can occur in court proceedings as well. As seen in the case of Thabiso Prince Montsho. When a person fakes a mental illness in the court, usually a psychologist is called in to perform several psychological tests to assess mental capacity, criminal responsibility and level of understanding for court …show more content…
Within the legal system the term tends to be given its ordinary meaning of the deliberate, conscious feigning of symptoms for an ulterior purpose. The only specific definition that can be found in legislation occurs in the context of military law and covers: (a) falsely pretending to be suffering from sickness or disability; (b) injuring oneself with intent to avoid service; and (c) doing or failing to do anything to produce, or prolong or aggravate, any sickness or disability, with intent to avoid