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Forensic Mental Health Assessment A Casebook

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ISBN-10: 0195145682

ISBN-13: 9780195145687

Edition: 2002

Authors: Kirk Heilbrun, Geoffrey R. Marczyk, David DeMatteo

List price: $75.00
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Description:

Forensic 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.
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Book details

List price: $75.00
Copyright year: 2002
Publisher: Oxford University Press, Incorporated
Publication date: 4/11/2002
Binding: Hardcover
Pages: 552
Size: 9.88" wide x 7.28" long x 1.89" tall
Weight: 2.596
Language: English

Kirk Heilbrun is currently a professor in the Department of Psychology, Drexel University. His current research focuses on juvenile and adult offenders, legal decision-making, and the evaluation and interventions associated with such decision-making. He is the Co-Director of the Pennsylvania Mental Health and Justice Center of Excellence, having previously served as president of both the American Psychology-Law Psychology/APA Division 41, and the American Board of Forensic Psychology. He received the 2004 Distinguished Contributions to Forensic Psychology award and the 2008 Beth Clark Distinguished Service Contribution Award from the American Academy of Forensic Psychology.

Contributors
Introduction and Overview
Miranda Rights Waiver
Principle: Use nomothetic evidence in assessing causal connection between clinical condition and functional abilities
Teaching Point: What is the value of specialized forensic assessment instruments in forensic mental health assessment?
Principle: Use case-specific (idiographic) evidence in assessing causal connection between clinical condition and functional abilities
Teaching Point: What are the limits of forensic assessment instruments?
Competence to Act As One's Own Attorney
Principle: Clarify financial arrangements
Teaching Point: How do you clarify financial arrangements under different circumstances (e.g., performing an evaluation privately, negotiating a contract, billing hourly vs. a prespecified amount) in forensic assessment?
Competence to Stand Trial
Principle: Use plain language; avoid technical jargon
Teaching Point: How do you communicate complex scientific material to legal professionals and lay audiences?
Principle: Select and employ a model to guide data gathering, interpretation, and communication
Teaching Point: How can you use a model to structure the way you write the report?
Principle: Decline referral when impartiality is unlikely
Teaching Point: What strategies can be used for remaining as impartial as possible in high-visibility cases?
Principle: Attribute information to sources
Teaching Point: How does an evaluator separate interview data from structured-test data in analyzing, reasoning about, and communicating the results of FMHA?
Competence to be Sentenced
Principle: Use testing when indicated in assessing response style
Teaching Point: How do you assess feigned cognitive deficits?
Competence to be Executed
Principle: Attribute information to sources
Teaching Point: Why and how do you attribute information to sources in forensic mental health assessment?
Criminal Sentencing
Principle: Provide appropriate notification of purpose and/or obtain appropriate authorization before beginning
Teaching Point: How do you obtain informed consent in capital cases?
Principle: Obtain relevant historical information
Teaching Point: Role of history in sentencing in forensic mental health assessment
Principle: Decline referral when impartiality is unlikely
Teaching Point: What kinds of cases do you avoid accepting because they would make it too difficult for you to remain impartial?
Principle: Obtain relevant historical information
Teaching Point: How do you evaluate the accuracy of different sources of third-party information?
Juvenile Commitment
Principle: Accept referrals only within area of expertise
Teaching Point: What training and experience in forensic and mental health areas are needed for juvenile forensic expertise?
Juvenile Competence to Stand Trial
Principle: Use relevance and reliability (validity) as guides for seeking information and selecting data sources
Teaching Point: How does a forensic clinician decide on tools to use in evaluating juvenile competence to stand trial?
Principle: Ensure that conditions for evaluation are quiet, private, and distraction free
Teaching Point: What constitutes "good enough" testing conditions?
Juvenile Waiver and Reverse Waiver
Principle: Assess Legally relevant behavior
Teaching Point: How does a forensic clinician translate legal criteria into forensic capacities?
Principle: Use third-party information in assessing response style
Teaching Point: How can results from the interview, testing, and third-party sources be balanced?
Sanity at the Time of the Offense
Principle: Determine whether the individual understands the purpose of the evaluation and associated limits on confidentiality
Teaching Point: What are the advantages of using written versus oral notification in determining whether the notification was understood?
Principle: Do not answer the ultimate legal question directly
Teaching Point: What should be considered in the decision about whether to answer the ultimate legal question?
Mens Rea and Diminished Capacity
Principle: Use multiple sources of information for each area being assessed
Teaching Point: How much is enough? Diminishing returns from information sources
Sex Offender Sentencing
Principle: Use relevance and reliability (validity) as guides for seeking information and selecting data sources
Teaching Point: Strengths and weaknesses of classification systems
Principle: Use scientific reasoning in assessing the causal connection between clinical condition and functional abilities
Teaching Point: Sex offender typologies in sentencing
Release Decision Making
Principle: Use third-party information in assessing response style
Teaching Point: How can the influences of social desirability and defensiveness be managed in FMHA?
Principle: Use nomothetic evidence in assessing causal connection between clinical condition and functional abilities
Teaching Point: How can forensic clinicians use nomothetic evidence to apply science to practice?
Principle: Testify in an effective manner
Teaching Point: How can the forensic clinician move from "adequate" to "outstanding" in presenting expert testimony?
Child Custody
Principle: Obtain appropriate authorization
Teaching Point: Who must authorize FMHA--and how?
Principle: Avoid dual roles of therapist and forensic evaluator
Teaching Point: What strategies do you use in trying to remain impartial in the course of forensic assessment?
Principle: Base testimony on the results of the properly performed forensic mental health assessment
Teaching Point: How does the forensic clinician use the report to facilitate effective testimony?
Principle: Testify in an effective manner
Teaching Point: What kind of errors do you avoid to make your testimony more effective?
Termination of Parental Rights
Principle: Obtain appropriate authorization
Teaching Point: How can the forensic clinician handle reluctance and refusal to participate in court-ordered evaluations?
Civil Commitment
Principle: Describe findings so that they need change little under cross-examination
Teaching Point: How should the forensic clinician communicate violence risk?
Civil Psychological Injury
Principle: Determine the role to be played if the referral is accepted
Teaching Point: What are strategies for resisting pressure to play multiple roles in FMHA?
Principle: Write report in sections, according to model and procedures
Teaching Point: Why is sequential communication of FMHA results important?
Competence to Consent to Treatment
Principle: Assess relevant clinical characteristics in reliable and valid ways
Teaching Point: How do structured instruments such as the MacCAT-T increase the relevance and reliability of FMHA?
Guardianship
Principle: Determine the role to be played if the referral is accepted
Teaching Point: Can one ever play more than one role in a single FMHA case?
Malpractice
Principle: Use multiple sources of information for each area being assessed
Teaching Point: What is the role of the forensic clinician in collecting third-party information?
Worker's Compensation
Principle: Use testing when indicated in assessing response style
Teaching Point: How does the forensic clinician integrate response style data?
Principle: Assess legally relevant behavior
Teaching Point: What is the relationship between symptoms and disability in capacity to work?
Threat/Risk Assessment
Principle: Identify relevant forensic issues
Teaching Point: What are strategies for predicting violent behavior, and others for assessing risk reduction?
Principle: Clarify role with attorney
Teaching Point: What are strategies for avoiding dual roles in FMHA?
Principle: Use nomothetic evidence in assessing causal connection between clinical condition and functional abilities
Teaching Point: What are the advantages and disadvantages of using actuarial approaches in risk assessment in forensic contexts?
Malingering
Principle: Use case-specific (idiographic) evidence in assessing clinical condition, functional abilities, and causal connection
Teaching Point: How does case-specific evidence contribute to the assessment of malingering?
References
Index