Forensic Mental Health Assessment: A CasebookForensic mental health assessments are evaluations conducted by individuals from different disciplines on a variety of questions in civil, criminal, and family law. A growing number of mental health professionals, including psychologists, psychiatrists, and social workers, are being called upon to assess everything from an individual's competence to stand trial to the risk or threat of future violence, and asked to weigh in on cases ranging from murder and assault to malpractice and child custody." General principles have emerged to guide professionals conducting forensic mental health assessment. Forensic Mental Health Assessment: A Casebook illustrates those principles using relevant, real-world case material. Built around actual case reports from expert forensic psychologists and psychiatrists, the volume probes a broad range of legal questions through the detailed examination of more than 40 cases. Topics include Miranda rights waiver, competence to act as one's own attorney, competence to stand trial, juvenile commitment, sanity at the time of the offense, child custody, termination of parental rights, guardianship, and malpractice. This is the first casebook focusing specifically on forensic assessment. It contains cases from a broad range of civil, criminal, and family legal questions, described in case reports contributed by expert forensic psychologists and psychiatrists. It will be useful for anyone involved in assessments for the courts and attorneys, including psychologists, psychiatrists, social workers, and attorneys. |
Contents
| 3 | |
| 17 | |
| 26 | |
Competence to Act as Ones Own Attorney | 37 |
Competence to Stand Trial | 46 |
Case 2 | 54 |
Case 3 | 64 |
Case 4 | 74 |
Release Decision Making | 279 |
Case 2 | 282 |
Case 3 | 292 |
Child Custody | 299 |
Case 2 | 307 |
Case 3 | 319 |
Case 4 | 336 |
Termination of Parental Rights | 350 |
Competence to Be Sentenced | 85 |
Competence to Be Executed | 96 |
Criminal Sentencing | 116 |
Case 2 | 128 |
Case 3 | 134 |
Case 4 | 152 |
Juvenile Commitment | 174 |
Juvenile Competence to Stand Trial | 188 |
Case 2 | 195 |
Juvenile Waiver and Reverse Waiver | 207 |
Case 2 | 220 |
Sanity at the Time of the Offense | 231 |
Case 2 | 239 |
Mens Rea and Diminished Capacity | 247 |
Sex Offender Sentencing | 259 |
Case 2 | 265 |
Civil Commitment | 376 |
Civil Psychological Injury | 387 |
Case 2 | 399 |
Competence to Consent to Treatment | 407 |
Guardianship | 417 |
Malpractice | 425 |
Workers Compensation | 438 |
Case 2 | 448 |
ThreatRisk Assessment | 454 |
Case 2 | 462 |
Case 3 | 470 |
Malingering | 479 |
References | 512 |
Index | 519 |
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Forensic Mental Health Assessment: A Casebook Kirk Heilbrun,Geoffrey R. Marczyk,David DeMatteo Limited preview - 2002 |
Common terms and phrases
ability addresses ADHD alcohol anxiety appeared areas asked attorney behavior Bill Black capacities child child custody clinical interview cognitive collateral competence to stand conducted consistent context court criminal custody dated defendant defendant's deficits Delbert depression described diagnosed difficulty disability disorder Domingo drug emotional Ethical experience father feelings FMHA forensic assessment forensic clinician forensic evaluation forensic issues Forensic Psychiatry Forensic Psychologists functioning hospital impairment important indicated individual informed consent involved JJ's John reported juvenile Kenny Latency legal question malingering ment mental health mental illness Miranda rights Monroe mother Nebbish obtained offense parents person Ph.D police present principle prior problems professional psychiatric psychological testing psychotic PTSD reasoning records referral regarding relationship relevant response style role Sant Mat score self-report sexual abuse social sources specific stand trial substance abuse symptoms Teaching Point testimony tion treatment understanding validity violence WAIS-III
Popular passages
Page 127 - A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.
Page 240 - If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise...
Page 43 - The test for determining competency to stand trial is "whether (the defendant) has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as a factual understanding of the proceedings against him.
Page 221 - ... judgments or reduce the accuracy of their interpretations. They indicate any significant reservations they have about the accuracy or limitations of their interpretations.
Page 292 - Candor (a) In forensic testimony and reports, psychologists testify truthfully, honestly, and candidly and, consistent with applicable legal procedures, describe fairly the bases for their testimony and conclusions.
Page 175 - Psychologists strive to maintain high standards of competence in their work. They recognize the boundaries of their particular competencies and the limitations of their expertise. They provide only those services and use only those techniques for which they are qualified by education, training, or experience.
Page 242 - No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto.
Page 125 - There is a pervasive pattern of disregard for and violation of the rights of others...
Page 378 - While many forms of data used by forensic psychologists are hearsay, forensic psychologists attempt to corroborate critical data that form the basis for their professional product. When using hearsay data that have not been corroborated, but are nevertheless utilized, forensic psychologists have an affirmative responsibility to acknowledge the uncorroborated status of those data and the reasons for relying upon such data. 2.
Page 237 - Forensic psychologists have an obligation to ensure that prospective clients are informed of their legal rights with respect to the anticipated forensic service, of the purposes of any evaluation, of the nature of procedures to be employed, of the intended uses of any product of their services, and of the party who has employed the forensic psychologist.