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