Fundamentals of Forensic Practice: Mental Health and Criminal Law (Google eBook)

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Springer Science & Business Media, Apr 7, 2006 - Law - 453 pages
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Forensic psychologists and psychiatrists are increasingly asked to provide expertise to courts and attorneys in the criminal justice system. To do so effectively, they must stay abreast of important advances in the understanding of legal standards as well as new developments in sophisticated measures and the methods for their assessment. Fundamentals of Forensic Practice is designed to address the critical issues that are faced by mental health experts in their role of conducting assessments, presenting findings, and preparing for challenges to admissibility and credibility. Uniquely practical and comprehensive, this volume operationalizes legal standards and describes empirically validated methods for their evaluation. Not only is this essential for mental health professionals, but it is equally valuable to criminal attorneys. Lawyers require both clinical knowledge and understanding of legal standards in order to prepare their own experts and to challenge those on the opposing side. For both clinical and legal experts Fundamentals of Forensic Practice offers a full view of all phases of criminal proceedings: - Pretrialódiversion, determinations of bail, waivers of Miranda rights, and the capacity to consent to searches. - Trialócompetency to stand trial and criminal responsibility. Beyond insanity, the latter addresses mens rea, automatism, and psychological context evidence, such as battered-woman syndrome. - Post-trialósentencing, capital sentencing, competency to be executed, and other post-conviction issues. Other key features include: - Chapters on specific criminal issues in a consistent format, with comprehensive coverage of legal standards and relevant clinical methods - Guidelines for conducting more effective forensic evaluations - In-depth coverage of specialized assessments, eg. malingering, sexual predator cases, and the insanity defense. - A detailed overview of direct and cross-examination strategies This book is the second collaboration between Rogers and Shuman. As individual authors, each received the American Psychiatric Associationís prestigious Guttmacher Award for their outstanding contributions to forensic psychiatry.
  

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Contents

Beyond Insanity Other Issues of Criminal Responsibility
215
RELEVANT LEGAL STANDARDS
216
CLINICAL OPERATIONALIZATION OF CRIMINAL CULPABILITY STANDARDS
229
CLINICAL METHODS RELEVANT TO ASSESSMENTS OF CRIMINAL RESPONSIBILITY
238
SUMMARY
258
Sentencing Recommendations and Capital Issues
259
RELEVANT LEGAL STANDARDS
261
OVERVIEW OF CLINICAL METHODS AND SENTENCING DETERMINATIONS
269

FUNDAMENTAL ISSUES WITH RESPONSE STYLES
22
DETECTION STRATEGIES FOR FEIGNED PRESENTATIONS
31
STANDARDIZED ASSESSMENT OF MALINGERING
39
SUMMARY
55
The Nature of Experts and Their Testimony
57
EXPERT TESTIMONY
68
DIRECT EXAMINATION
73
AN OVERVIEW OF DIRECT EXAMINATION
76
REDIRECT EXAMINATION
80
SUMMARY
81
Specific Criminal Issues
84
Forensic Determinations of Diversion and Bail
85
RELEVANT LEGAL STANDARDS
86
CLINICAL OPERATIONALIZATION OF DIVERSION AND BAIL DETERMINATIONS
92
CLINICAL METHODS AND FORENSIC CONSIDERATIONS
97
POTENTIAL TRIAL ISSUES
105
SUMMARY
110
Miranda and Beyond Competencies Related to Police Investigations
113
RELEVANT LEGAL STANDARDS
115
CLINICAL OPERATIONALIZATION OF WAIVER DECISIONS
125
CLINICAL METHODS AND FORENSIC CONSIDERATIONS
130
GENERAL CROSSEXAMINATION ISSUES
146
SUMMARY
149
Competency to Stand Trial
151
RELEVANT LEGAL STANDARDS
152
CLINICAL OPERATIONALIZATION OF THE COMPETENCY STANDARD
161
FORENSIC ASSESSMENT METHODS
168
GENERAL CROSSEXAMINATION ISSUES
176
SUMMARY
180
The Insanity Defense
181
RELEVANT LEGAL STANDARDS
182
CLINICAL OPERATIONALIZATION OF THE INSANITY STANDARDS
193
SPECIALIZED METHODS FOR ASSESSING INSANITY
205
GENERAL CROSSEXAMINATION ISSUES
207
SUMMARY
214
CLINICAL APPLICATIONS TO NONCAPITAL CASES
270
CLINICAL APPLICATIONS TO CAPITAL CASES
282
GENERAL CROSSEXAMINATION ISSUES IN NONCAPITAL SENTENCING
295
TRIAL STRATEGIES AND CROSSEXAMINATION ISSUES IN CAPITAL SENTENCING
299
SUMMARY
308
Competency to be Executed and Other PostConviction Relief Issues
311
RELEVANT LEGAL STANDARDS
312
CLINICAL AND FORENSIC APPLICATIONS TO COMPETENCY TO BE EXECUTED
320
CLINICAL AND FORENSIC APPLICATIONS TO COMPETENCE TO WAIVE APPEALS
325
GENERAL CROSSEXAMINATION ISSUES
329
SUMMARY
333
Sexual Predator Determinations
335
RELEVANT LEGAL STANDARDS
336
CLINICAL OPERATIONALIZATION AND FORENSIC METHODS FOR SVP DETERMINATIONS
342
GENERAL CROSSEXAMINATION ISSUES
352
SUMMARY
364
Integration Themes in Criminal Forensic Practice
367
FORENSIC PREDICTIONS AND CLASSIFICATIONS
377
SCRUTINY AND SKEPTICISM AS WATCHWORDS FOR CRIMINAL ATTORNEYS
382
THE INTERDEPENDENCE OF LAW AND FORENSIC PRACTICE
385
CONCLUDING REMARKS
386
THE ACCURACY OF DSM INDICES OF MALINGERING
389
SYSTEMATIC REVIEW OF STANDARIZED MEASURES FOR FEIGNED MENTAL DISORDERS AND THEIR DETECTION STRATEGIES
391
SYSTEMATIC REVIEW OF STANDARIZED MEASURES FOR FEIGNED COGNITIVE IMPAIRMENT AND THEIR DETECTION STRATEGIES
393
MMPI2 METAANALYSIS AND FEIGNED MENTAL DISORDERS A SUMMARY OF ROGERS ET AL 2003
395
ULTIMATE OPINIONS BANS AND QUESTIONABLE PRACTICES
397
SUMMARY OF THE GRISSOS 1998 MIRANDA INSTRUMENTS FOR USE WITH ADULT OFFENDERS
399
THE MMPI2 AND INSANITY EVALUATIONS A DESCRIPTIVE ANALYSIS
401
ANALYSIS OF RISK ASSESSMENT MEASURES ARE THEY RELEVANT TO SEXUALLY VIOLENT PREDATORS SVP STANDARDS?
403
STANDARDS FOR DIAGNOSIS IN FORENSIC PRACTICE A COMPARISON OF UNSTANDARDIZED STANDARDIZED AND EXTRAPOLATE...
405
References
407
Name Index
435
Subject Index
439
Copyright

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About the author (2006)

Richard Rogers is Director of govcom.org, an Amsterdam-based foundation dedicated to creating and hosting political tools on the Web, and Assistant Professor in Media Studies at the University of Amsterdam.

JD, Northwestern University

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