Psychological Evaluations for the Courts, Third Edition: A Handbook for Mental Health Professionals and Lawyers

Portada
Guilford Press, 2007 M09 18 - 930 páginas
This is the definitive reference and text for both mental health and legal professionals. The authors offer a uniquely comprehensive discussion of the legal and clinical contexts of forensic assessment, along with best-practice guidelines for participating effectively and ethically in a wide range of criminal and civil proceedings. Presented are findings, instruments, and procedures related to criminal and civil competencies, civil commitment, sentencing, personal injury claims, antidiscrimination laws, child custody, juvenile justice, and more.

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Contenido

An Uneasy Alliance
3
Bibliography
24
a The Criminal Process
32
CHAPTER THREE The Nature and Method of Forensic Assessment
43
b Forensic Assessment Instruments FAIs
52
CHAPTER FOUR Constitutional CommonLaw and Ethical Contours
69
c Sentencing and Prison Evaluations
75
c Confused Roles and Dual Roles
91
164
384
1 Disclosure 385 2 Competency 386 3 Voluntariness
388
a The Claims Process
403
Physical Injury 406 3 Mental Stimulus Causing Mental Injury 406 4 Preexisting
407
101
410
a Context of Evaluation
414
g Ascertaining Effects of Mental Injury
420
Accommodation 430 4 The ADA and Direct Threat
433

Bibliography
99
a Organization
108
a Billing
116
CHAPTER SIX Competency to Stand Trial
125
c Reasons Evaluation Is Sought
133
86
138
d Incompetent Defendants Right to Refuse Medication
139
a Screening Instruments
145
d Summary
154
of a Competency Assessment Measure 160 6 Interviewing for CaseSpecific
161
a Legal Requirements for Testimonial Competency
179
Evaluations of Credibility
191
Bibliography
199
386
243
c Psychological Testing Hypnosis and Other Special Procedures
254
Bibliography
268
1 The Legislature 273 2 The Prosecutor 275 3 The Court 275 4 The Parole
276
8
293
a Factors That Influence Judgments about Dangerousness
300
A Second Generation of Research
306
Bibliography
321
a From Ancient Times to the 1970s
327
321
343
15
345
a Mental Illness and Need for Treatment
354
CHAPTER ELEVEN Civil Competencies
368
23
371
99
377
108
436
173
444
CHAPTER FOURTEEN Juvenile Delinquency
465
a A Typical Statute
471
b The Scope of the Evaluation
480
192
486
CHAPTER FIFTEEN Child Abuse and Neglect
494
1 Psychological Factors 503 2 Social and Economic Factors
504
a Parents with Mental Illness
521
CHAPTER SIXTEEN Child Custody in Divorce
539
c SameSex Custody
551
232
557
Bibliography
562
The Individualized Education Plan 568 3 Review Procedures 569 4 Disciplinary
570
CHAPTER EIGHTEEN Consultation Report Writing and Expert Testimony
577
Question 585 3 Avoid Information Overand Underkill 585 4 Minimize
586
Questioning 593 3 The Unreliable Examination Gambit 593 4 The Subjective
594
26
601
Bibliography
605
30
643
b Discussion
674
CHAPTER TWENTY Glossary
692
NOTES
725
INDEX
738
564
913
581
914
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Gary B. Melton, PhD, is Professor of Psychology and Director of the Institute on Family and Neighborhood Life at Clemson University, and a fellow in the Centre for Psychology and Law at the University of the Free State in South Africa. He is a past president of Childwatch International, the American Orthopsychiatric Association, the American Psychology?Law Society, and the American Psychological Association (APA) Division of Child, Youth, and Family Services. He is the recipient of three APA Distinguished Scientific Contribution Awards (for Psychology in the Public Interest, Public Service, and International Advancement of Psychology), among many other honors for his research and public service. The author of more than 300 publications, Dr. Melton has traveled in more than 40 countries, in most cases for research, consultation, or lecturing; his work has been cited by U.S. courts at all levels; and he has been an advisor to the U.S. Attorney General and the U.N. Committee on the Rights of the Child. Dr. Melton served as vice-chair of the U.S. Advisory Board on Child Abuse and Neglect and as national vice-president of Parents Anonymous, and he was a member of panels of the National Academy of Sciences on mistreatment of older adults and on training of health professionals about family violence.

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John Petrila, JD, LLM, is a professor in the Department of Mental Health Law and Policy at the University of South Florida. He served as chair of the Department from 1992 to 2004. He has also been General Counsel to the New York State Office of Mental Health and Director of Forensic Services in the Missouri Department of Mental Hygiene. Mr. Petrila is past president of the International Association of Forensic Mental Health Services and a member of the MacArthur Foundation Research Network on Mandated Community Treatment. He has published widely on mental health law and policy issues. He is the coeditor of the journal Behavioral Sciences and the Law, the coeditor of Mental Health Services: A Public Health Perspective, and a coauthor of The Effectiveness of Involuntary Outpatient Treatment, the RAND Institute?s study on the effectiveness of outpatient civil commitment.

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Norman G. Poythress, PhD, is a professor in the Department of Mental Health Law and Policy at the University of South Florida. He is a past president of the American Psychology?Law Society and was the 1990 recipient of the American Academy of Forensic Psychology?s Award for Distinguished Contributions to Forensic Psychology. Dr. Poythress has served as a consultant to two MacArthur Foundation Research Networks, and his own research has been funded by the MacArthur Foundation and the National Institute of Mental Health. He previously served as an expert panelist in the development of a benchbook for psychological evidence, a project of the American Bar Association?s Commission on Mental and Physical Disability Law, and he recently served on a committee of the Institute of Medicine, National Academy of Sciences, that developed recommendations regarding ethical guidelines for research involving prisoners as participants.

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Christopher Slobogin, JD, LLM, is the Milton Underwood Professor of Law at Vanderbilt University Law School.˙ In the early 1980s Mr. Slobogin helped establish Virginia?s outpatient forensic evaluation system as Director of the University of Virginia?s Forensic Evaluation Center and also directed a legal aid program at a state mental hospital. Coauthor of Law and the Mental Health System, the leading law school textbook on mental health law, he has authored over 40 articles and books on that subject. He has served as chair of the Law and Mental Disability Section of the American Association of Law Schools, reporter for the American Bar Association?s Standards on the Insanity Defense, coreporter for the ABA?s Resolution on Mental Disability and the Death Penalty, and editor/reviewer for several professional journals.

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Phillip M. Lyons, Jr., JD, PhD, is Professor of Criminal Justice and an affiliate faculty member with the Clinical Psychology Doctoral Program at Sam Houston State University. He is also the Executive Director of the Texas Regional Center for Public Safety Innovation. Before graduate and law school, Dr. Lyons worked as a peace officer in the Houston area. When he left full-time law enforcement, he was a detective specializing in crimes involving children. His academic interests lie largely in the areas of public policy that affect children and law enforcement policy, with the aim of promoting inclusiveness, community engagement, and social support. He currently serves on the American Psychological Association?s ad hoc Committee on Legal Issues.

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Randy K. Otto, PhD, is an associate professor in the Department of Mental Health Law and Policy at the University of South Florida. He also serves as adjunct faculty at Stetson University College of Law in Gulfport, Florida, and in the Department of Psychology and the Department of Rehabilitation and Mental Health Counseling at the University of South Florida. Dr. Otto?s research, writing, and practice focus on forensic psychological assessment, and he has served as president of the American Academy of Forensic Psychology, the American Psychology?Law Society, and the American Board of Forensic Psychology. He chaired the Committee on Legal Issues of the American Psychological Association and currently spearheads the committee revising the Specialty Guidelines for Forensic Psychologists, which are published jointly by Division 41 of the American Psychological Association and the American Board of Forensic Psychology.

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