Prepared by two of the fields leading scholars and practitioners, this original work cuts through dense forensic mental health theory and addresses the concrete approaches to ethical and effective testimony that experts need in court. Rich in examples of courtroom dialogue, this text shows how to avoid the common pitfalls and various traps that experts so frequently encounter.
Prepared by two of the fields leading scholars and practitioners, this original work cuts through dense forensic mental health theory and addresses the concrete approaches to ethical and effective testimony that experts need in court. Rich in examples of courtroom dialogue, this text shows how to avoid the common pitfalls and various traps that experts so frequently encounter.
Forensic psychologists and psychiatrists are increasingly asked to provide expertise to courts and attorneys in the criminal justice system. To do so effectively, they must stay abreast of important advances in the understanding of legal standards as well as new developments in sophisticated measures and the methods for their assessment. Fundamentals of Forensic Practice is designed to address the critical issues that are faced by mental health experts in their role of conducting assessments, presenting findings, and preparing for challenges to admissibility and credibility. Uniquely practical and comprehensive, this volume operationalizes legal standards and describes empirically validated methods for their evaluation. Not only is this essential for mental health professionals, but it is equally valuable to criminal attorneys. Lawyers require both clinical knowledge and understanding of legal standards in order to prepare their own experts and to challenge those on the opposing side. For both clinical and legal experts Fundamentals of Forensic Practice offers a full view of all phases of criminal proceedings: - Pretrial—diversion, determinations of bail, waivers of Miranda rights, and the capacity to consent to searches. - Trial—competency to stand trial and criminal responsibility. Beyond insanity, the latter addresses mens rea, automatism, and psychological context evidence, such as battered-woman syndrome. - Post-trial—sentencing, capital sentencing, competency to be executed, and other post-conviction issues. Other key features include: - Chapters on specific criminal issues in a consistent format, with comprehensive coverage of legal standards and relevant clinical methods - Guidelines for conducting more effective forensic evaluations - In-depth coverage of specialized assessments, eg. malingering, sexual predator cases, and the insanity defense. - A detailed overview of direct and cross-examination strategies This book is the second collaboration between Rogers and Shuman. As individual authors, each received the American Psychiatric Association’s prestigious Guttmacher Award for their outstanding contributions to forensic psychiatry.
The second edition of this award-winning textbook has been thoroughly revised and updated throughout. Building on the success of the first edition, the book continues to address the History and Practice of Forensic Psychiatry, Legal Regulation of the Practice of Psychiatry, Psychiatry in relation to Civil Law, Criminal Law, and Family Law. Important sections such as Special Issues in Forensic Psychiatry, Law and the Legal System, and Landmark Cases in Mental Health Law are included. Designed to meet the needs of practitioners of forensic psychiatry, for residents in forensic psychiatry, and those preparing for the specialty examination in Forensic Psychiatry of the American Board of Psychiatry and Neurology, this volume will also answer the many questions faced by mental health professionals, mental health administrators, correctional health professionals and correctional health administrators, attorneys, judges, probation and parole officers and administrators all of whom, at one time or another, require a substantive presentation of the entire field of forensic psychiatry in the USA.
If you are like many of your colleagues, you are intrigued by the practice of forensic psychiatry and find the intellectual challenge of bridging the gap between psychiatry and law stimulating. You may even wish to offer your services as an expert witness in legal proceedings. However, your enthusiasm is tempered by the all too real nightmare of a lawyer puncturing your testimony with pointed questions, simultaneously destroying your professional reputation. Furthermore, you face the prospect of establishing your practice in forensic psychiatry through a grueling process of trial and error, a procedure that may also tarnish your reputation. In order to leave the familiar surroundings of your clinical practice to enter this new environment, you need a comprehensive, “how-to” manual that can guide you through the legal process and your role as expert witness while highlighting the pitfalls strewn in your path. The Psychiatrist as Expert Witnessprovides practical, hands-on instruction for your role as an expert witness. A companion volume to The Psychiatrist in Court: A Survival Guide, this book encapsulates, into a single user-friendly volume, the wisdom and experience of one of the world’s leading forensic psychiatrists, Dr. Thomas Gutheil. Using wit and an informal tone, Dr. Gutheil describes the ethical, clinical, and functional role of the expert witness. He guides you through the details of case evaluation, discovery and depositions, and trials so that you can provide truthful, ethical, and effective testimony and avoid potential hazards and pitfalls. Sharing dozens of invaluable hints and practical advice on numerous subjects such as writing forensic reports, withstanding cross-examination, maintaining objectivity, marketing your services ethically, and concluding fee agreements, Dr. Gutheil helps smooth your way into this exciting field. Armed with this knowledge and guidance, you will be fully prepared to embark on your career as an expert witness. Whether you are a seasoned professional or just a beginner, The Psychiatrist as Expert Witnessis a reference that you cannot be without.
Forensic mental health assessment (FMHA) has grown into a specialization informed by research and professional guidelines. This series presents up-to-date information on the most important and frequently conducted forms of FMHA. The 19 topical volumes address best approaches to practice for particular types of evaluation in the criminal, civil, and juvenile/family areas. Each volume contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report and testifying in court. Volumes include the following helpful features: - Boxes that zero in on important information for use in evaluations - Tips for best practice and cautions against common pitfalls - Highlighting of relevant case law and statutes - Separate list of assessment tools for easy reference - Helpful glossary of key terms for the particular topic In making recommendations for best practice, authors consider empirical support, legal relevance, and consistency with ethical and professional standards. These volumes offer invaluable guidance for anyone involved in conducting or using forensic evaluations.
The second edition of Children’s Testimony is a fully up-to-date resource for practitioners and researchers working in forensic contexts and concerned with children's ability to provide reliable testimony about abuse. Written for both practitioners and researchers working in forensic contexts, including investigative interviewers, police officers, lawyers, judges, expert witnesses, and social workers Explores a range of issues involved with children's testimony and their ability to provide reliable testimony about experienced or witnessed events, including abuse Avoids jargon and highly technical language Includes a comprehensive range of contributions from an international group of practitioners and researchers to ensure topicality and relevance
Forensic psychiatry is growing in popularity, and many a practitioner feels the urge to explore this fascinating realm of endeavor. The second edition of The Psychiatrist as Expert Witness, by Thomas G. Gutheil, M.D., is a highly readable and practical guidebook for those interested in entering the field while navigating the dangers inherent in courtroom testimony. This volume is a thoroughly revised and updated edition of his highly successful first edition. The earlier edition has been used in nearly all forensic psychiatric training programs in the U.S. and Canada since its publication in 1998. A professor of psychiatry at the Beth Israel-Deaconess Medical Center-Harvard Medical School, Gutheil draws on his decades of experience in the courtroom and countless beginner's mistakes to help readers avoid the pitfalls of serving as an expert witness. While of great value to newcomers to the field, the book offers insight and guidance to early-career and seasoned expert witnesses as well. As in the first edition, this volume explores the role of the expert witness, moral issues, basic principles, depositions and trials, writing for the court, and ethical marketing. Besides the requisite updating of references and suggested readings, this latest volume features expansions and additions of particular benefit to prospective expert witnesses: A glossary of useful terms Expanded definitions of key concepts A lengthened discussion of bias in testimony Additional illustrative examples A model forensic consent form for examination Cases and principles that have arisen since the first edition The Psychiatrist as Expert Witness provides the practical, hands-on mentoring and guidance that were not readily available in the past. Concrete advice replaces abstract theorizing, and informal discussion in a user-friendly tone replaces scholarly discourse. These attributes combine to make this a book that is highly accessible and usable in real world courtroom settings. While some in society decry the expert witness function, the courts will continue, from all evidence, to require expert witness testimony in increasing numbers. The author seeks to help his colleagues meet the courts' needs with ethical, effective and helpful testimony through the publication of this revised volume. At the same time, Gutheil strives to make the often complex arena of forensic psychiatry more understandable to those who wish to enter the field and to seasoned experts eager to keep up with contemporary changes in forensic psychiatry.
Geriatric Forensic Psychiatry: Principles and Practice is one of the first texts to provide a comprehensive review of important topics in the intersection of geriatric psychiatry, medicine, clinical neuroscience, forensic psychiatry, and law. It will speak to a broad audience among varied fields, including clinical and forensic psychiatry and mental health professionals, geriatricians and internists, attorneys and courts, regulators, and other professionals working with the older population. Topics addressed in this text, applied to the geriatric population, include clinical forensic evaluation, regulations and laws, civil commitment, different forms of capacity, guardianship, patient rights, medical-legal issues related to treatment, long term care and telemedicine, risk management, patient safety and error reduction, elder driving, sociopathy and aggression, offenders and the adjudication process, criminal evaluations, corrections, ethics, culture, cognitive impairment, substance abuse, trauma, older professionals, high risk behavior, and forensic mental health training and research. Understanding the relationship between clinical issues, laws and regulations, and managing risk and improving safety, will help to serve the growing older population.
Written by two renowned leaders in the field, the much-anticipated fifth edition of Clinical Handbook of Psychiatry and the Law offers mental health professionals authoritative guidance on how today’s law affects clinical practice. Each chapter in this award-winning reference presents case examples of legal issues often seen in day-to-day practice; clearly explains the governing legal rules, their rationale, and their clinical impact; and offers concrete action guides to navigating clinicolegal dilemmas. It’s a must-have resource for anyone in the mental health field who needs an easy-to-read, practical handbook addressing both longstanding legal/ethical issues and crucial recent developments in the field.
