I. General Considerations
1. Law and the Mental Health Professions: An Uneasy Alliance
1.01. The Context for Law and Behavioral Science
1.02. Some Preliminary Problems in Law and Mental Health
1.03. Paradigm Conflicts
1.04. Should Mental Health Professionals Be Considered Experts?
1.05. Which Professionals Should Be Considered Experts?
1.06. Conclusion
Bibliography
2. An Overview of the Legal System: Sources of Law, the Court
System, and the Adjudicative Process
2.01. Introduction
2.02. Sources of Law
2.03. The Court System
2.04. The Adjudicative Process
2.05. Conclusion: The Interplay of Systems
Bibliography
3. The Nature and Method of Forensic Assessment
3.01. Introduction
3.02. Distinctions between Therapeutic and Forensic Assessment
3.03. Testing and Assessment Procedures
3.04. Archival and Third-Party Information
3.05. Amnesia
3.06. Assessment of Response Style
3.07. Challenges to the Basis of Expert Testimony
3.08. Conclusion
Bibliography
4. Constitutional, Common-Law, and Ethical Contours of the
Evaluation Process: The Mental Health Professional as Double
Agent
4.01. Introduction
4.02. The Fifth Amendment and the Right to Remain Silent
4.03. The Right to Counsel
4.04. Common-Law and Statutory Duties of the Evaluator
4.05. Ethical Considerations in the Evaluation Process
4.06. Summary: Competence in Forensic Practice
Bibliography
5. Managing Public and Private Forensic Services
5.01. Introduction
5.02. The Case for Specialization
5.03. Types of Evaluation Systems
5.05. Effective Diffusion of Behavioral Science Research
5.06. Operating a Forensic Practice
Bibliography
II. The Criminal Process
6. Competence to Proceed
6.01. Introduction
6.02. The Legal Standard
6.03. Procedural Issues
6.04. Disposition of Incompetent Defendants
6.05. Competence during Proceedings Other Than Trial or Plea
Hearings
6.06. Research Relating to Competence Evaluations
6.07. Structured Evaluation Formats
6.08. Special Populations
6.09. Guidelines for Evaluation
6.10. Conclusion
Bibliography
7. Other Competencies in the Criminal Process
7.01. Introduction
7.02. Competence to Consent to a Search or Seizure
7.03. Competence to Exercise the Right to Remain Silent
7.04. Competence to Plead Guilty
7.05. Competence to Waive the Right to Counsel and to Represent
Oneself
7.06. Competence to Refuse an Insanity Defense and Other Mental
State Defenses
7.07. Competence to Testify
7.08. Competence to Be Executed and to Participate in and Waive
Appeals
Bibliography
8. Mental State at the Time of the Offense
8.01. Introduction
8.02. The Insanity Defense
8.03. Exculpatory and Mitigating Doctrines Other Than Insanity
8.04. Research on the Relationship of Diagnosis to MSO Defenses
8.05. Characteristics of Clinicians’ MSO Opinions
8.06. MSO Investigation
8.07. Clinical Formulations about MSO
8.08. Conclusion
Bibliography
9. Sentencing
9.01. Introduction
9.02. A Brief History of Sentencing
9.03. A Comparison of Rehabilitative and Retributive Sentencing
9.04. Special Sentencing Provisions
9.05. Capital Sentencing
9.06. Factors Influencing Sentencing
9.07. Assessment of Treatment Needs
9.08. Assessment of Culpability
9.09. Assessing Risk of Violence and Recidivism
Bibliography
III. Noncriminal Adjudication
10. Civil Commitment
10.01. Introduction
10.02. History of Commitment Law
10.03. Substantive Criteria for Commitment
10.04. Procedural Due Process
10.05. The Effects of Commitment Laws and Commitment
10.06. Attorney’s Role
10.07. Clinician’s Role
10.08. Commitment Evaluation
10.09. The Process of the Evaluation
10.10. Special Commitment Settings and Populations
Bibliography
11. Civil Competencies
11.01. Introduction
11.02. Guardianship
11.03. Competence to Make Treatment Decisions
11.04. Competence to Consent to Research
11.05. Testamentary Capacity
Bibliography
12. Compensating Mental Injury: Workers’ Compensation and Torts
12.01. Introduction
12.02. Workers’ Compensation Law: An Overview
12.03. The Tort of Emotional Distress
12.04. Causation in Mental Injury Cases: A Paradigm Clash?
12.05. Clinical Evaluation of Mental Injury
12.06. Conclusion: Reports and Testimony
Bibliography
13. Federal Antidiscrimination, Entitlement, and Immigration
Laws
13.01. Introduction
13.02. Americans with Disabilities Act
13.03. Fair Housing Amendments Act
13.04. Social Security Laws
13.05. Immigration Law
13.06. Conclusion
Bibliography
IV. Children and Families
14. Juvenile Delinquency
14.01. Introduction
14.02. The Rise and Fall of the “Therapeutic” Juvenile Court
14.03. The Nature of the Juvenile Process
14.04. The Mental Health Professional’s Role in Juvenile Court
14.05. The Nature of the Evaluation
14.06. Specific Areas of Treatment Evaluations
14.07. Special Juvenile Populations
14.08. Do the Mental Health and Juvenile Systems Belong
Together?
Bibliography
15. Child Abuse and Neglect
15.01. The Nature of Abuse and Neglect Proceedings
15.02. Legal Definitions of Child Maltreatment
15.03. Child Maltreatment as a Clinical Phenomenon
15.04. Clinicians’ Involvement in the Legal Process
15.05. Special Populations
15.06. The Technique of Abuse/Neglect Evaluations
15.07. Adult Cases Related to Abuse and Neglect
16. Child Custody in Divorce
16.01. The Scope of Clinicians’ Involvement in Custody Disputes
16.02. Standards for Resolution of Custody Disputes
16.03. What Do We Know?
16.04. The Technique of Custody Evaluations
16.05. The Politics of Divorce
Bibliography
17. Education and Habilitation
17.01. Introduction
17.02. The Impetus for the IDEA
17.03. The Structure of the IDEA
17.04. Clinical Evaluation under the Act
Bibliography
V. Communicating with the Courts
18. Consultation, Report Writing, and Expert Testimony
18.01. Introduction
18.02. Preliminary Consultations
18.03. Data Collection, Maintenance, and Disclosure
18.04. Preliminary Report of Findings
18.05. Report Writing
18.06. Expert Testimony and the Social Psychology of Persuasion
18.07. The Ultimate-Issue Issue
Bibliography
19. Sample Reports
19.01. Introduction
19.02. Competence to Proceed [Chapters 6 and 14]
19.03. Competence to Plead and Waive Rights [Chapter 7]
19.04. Mental State at the Time of the Offense [Chapter 8]
19.05. Sentencing [Chapter 9]
19.06. Civil Commitment [Chapter 10]
19.07. Competence to Handle Finances [Chapter 11]
19.08. Workers’ Compensation for Mental Injury [Chapter 12]
19.09. Reasonable Accommodation under the Americans with
Disabilities Act [Chapter 13]
19.10. Consultative Examination for Social Security [Chapter
13]
19.11. Immigration Status [Chapter 13]
19.12. Transfer to Adult Court [Chapter 14]
19.13. Dispositional Review [Chapter 15]
19.14. Custody [Chapter 16]
19.15. Evaluation under the Individuals with Disabilities Education
Act [Chapter 17]
20. Glossary
20.01. Legal Terms
20.02. Clinical and Research Terms
Notes
Index
Gary B. Melton, PhD, until his death in 2020, wasAssociate
Director for Community Development and Social Policy at the Kempe
Center for the Prevention and Treatment of Child Abuse and Neglect,
Professor of Pediatrics, and Professor of Community and Behavioral
Health at the University of Colorado Anschutz Medical Campus. A
champion for children's mental health,Dr. Melton received
Distinguished Contributions Awards from the American Professional
Society on the Abuse of Children, the American Psychological
Association (four times, a unique achievement), the American
Psychological Foundation, and Prevent Child Abuse America, among
other organizations. The author of more than 350 publications, he
was founding editor-in-chief of the International Journal on Child
Maltreatmentandsenior editor of the American Journal of
Orthopsychiatry.In his honor, the Global Alliance for Behavioral
Health and Social Justice established the Gary B. Melton Award in
2020.
John Petrila, JD, LLM, is Vice President of Adult Policy at Meadows
Mental Health Policy Institute. Previously, he was Chair and
Professor of Health Policy and Management at the University of
South Florida College of Public Health. He is a recipient of a
Fulbright Scholarship and of the University of South Florida
President’s Faculty Excellence Award. Dr. Petrila's research
interests include the diversion of people with mental illnesses
from the justice system, coercion, and strategies to reduce
recidivism of heavy users of the treatment and justice systems.
Recent papers focus on emergency hospitalizations of people with
mental illnesses, national review of emergency civil commitment
legislation, and the current status of the Americans with
Disabilities Act.
Norman G. Poythress, PhD, is Professor Emeritus in the Department
of Mental Health Law and Policy at the University of South Florida,
where he served as Research Director from 1990 to 2010. He is a
past president of the American Psychology-Law Society, which
honored him with its Award for Distinguished Contributions to
Psychology and Law. He is also a recipient of the University of
South Florida President’s Faculty Excellence Award. Dr. Poythress
has published more than 100 research articles and book chapters on
forensic assessment, mental health courts, research ethics, and
psychopathic behavior.
Christopher Slobogin, JD, LLM, is Milton Underwood Chair at
Vanderbilt University Law School. He is the first law professor to
receive Distinguished Contribution Awards from both the American
Psychology-Law Society and the American Board of Forensic
Psychology. Mr. Slobogin has published over 150 works on mental
health law and criminal justice, and is currently one of the 40
most cited law professors in the country. He recently served as
chair of the task force revising the American Bar Association’s
Criminal Justice Mental Health Standards, and was also a Reporter
for the ABA’s Task Force on Mental Disability and the Death
Penalty.
Randy K. Otto, PhD, ABPP, is Associate Professor in the Department
of Mental Health Law and Policy at the University of South Florida,
where he has been on the faculty since 1989. He also teaches in the
Departments of Psychology and Criminology. Board-certified in
clinical and forensic psychology, Dr. Otto has served as president
of the American Psychology-Law Society, the American Board of
Forensic Psychology, and the American Board of Professional
Psychology. His contributions to forensic psychological assessment
have been recognized with awards from the American Academy of
Forensic Psychology and the forensic division of the New York State
Psychological Association.
Douglas Mossman, MD, until his death in 2018, was Professor of
Clinical Psychiatry and Program Director of the Forensic Psychiatry
Fellowship at the University of Cincinnati College of Medicine. A
board-certified general and forensic psychiatrist and Distinguished
Life Fellow of the American Psychiatric Association, Dr. Mossman
authored more than 180 publications on diverse issues in medicine
and law, including competence, judgment models, malingering
measures, psychotropic medication, malpractice, psychiatric ethics,
and novel mathematical approaches to diagnostic assessment. He
received the American Psychiatric Association’s Manfred S.
Guttmacher Award for outstanding contributions to the literature on
forensic psychiatry. Hundreds of scientific and legal works cite
his 1994 article, "Assessing Predictions of Violence: Being
Accurate about Accuracy."
Lois O. Condie, PhD, ABPP, is affiliated with the Department of
Neurology at Boston Children’s Hospital and is Assistant Professor
of Psychology in Psychiatry at Harvard Medical School. Dr. Condie
is board-certified in neuropsychology, clinical psychology, and
forensic psychology. She has received citations and awards from the
Social Security Administration, the American Board of Forensic
Psychology, the American Academy of Forensic Psychology, and the
American Board of Professional Psychology. Her research focuses on
assessments and entitlement legislation for children with
neurodevelopmental and other disorders, services for vulnerable
populations internationally, psychological and legal conceptions of
privacy, and ethics and standards of practice.
"This is a fully updated edition of the best textbook designed for
both forensic clinicians and attorneys. It is the 'go-to' book for
scholarly analysis of forensic issues and sophisticated, practical
advice."--Phillip J. Resnick, MD, Professor of Psychiatry and
Director of Forensic Psychiatry, Case Western Reserve
University
"This text has made an extraordinary contribution to forensic
mental health assessment and informed legal decision making over
the last 30 years. The fourth edition remains the most
comprehensive, legally sophisticated, and scientifically sound
single volume available to forensic practitioners, legal
professionals, policymakers, researchers, and scholars, and
continues to serve as an essential guide to the field. It is highly
appropriate for any graduate-level class in forensic assessment (I
use it in mine), as well as internship or fellowship seminars. I
would also use it if I were training psychiatrists at the
fellowship level."--Kirk Heilbrun, PhD, Department of Psychology,
Drexel University
"Long a canonical work, this fourth edition fully captures the last
decade's explosive growth in what courts expect of mental health
experts. Seamlessly meshing scientific rigor, legal precision, and
clinical acumen, this is the one book to read if there is a witness
stand in your future. The goalposts for scholarship in forensic
psychology have just been moved."--John Monahan, PhD, Shannon
Distinguished Professor of Law, Psychology, and Psychiatry,
University of Virginia
"This handbook is remarkable for its scope, as well as its detailed
and critical analysis of the relevant legal, scientific, and
clinical literature. The fourth edition does not disappoint--it has
been revised and updated to once again cement its place as the
standard by which all others in the field are measured. For mental
health trainees and professionals who want to learn about
conducting forensic assessments, and for legal trainees and
professionals who need to learn about research and practice in
forensic psychology, there is simply no better reference."--Stephen
D. Hart, PhD, Department of Psychology, Simon Fraser University,
Burnaby, British Columbia, Canada
"Continuing the tradition of this comprehensive reference, the
fourth edition offers encyclopedic coverage of mental health issues
relevant to the criminal and civil courts, and can help both mental
health professionals and attorneys address these matters more
effectively. The volume makes extensive use of case law and case
material throughout. It includes an entire chapter of sample
reports and accompanying discussions addressing substantive legal
issues."--Glenn J. Larrabee, PhD, ABPP-CN, independent practice,
Sarasota, Florida
"A 'must read' for any student preparing for a career in forensic
mental health. The fourth edition maintains the original structure
and readability while providing a review of up-to-the-minute
research and scholarly discussions relevant to all aspects of
psycholegal evaluations. It is the most practical, user-friendly,
and comprehensive forensic mental health book on the market. I have
used this text in a graduate-level Psychology and Law class and as
required reading for my practicum students working in corrections
and assisting me with forensic evaluations."--Robert D. Morgan,
PhD, Chair and John G. Skelton Jr. Regents Endowed Professor,
Department of Psychological Sciences, Texas Tech University -
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