Handbook of Forensic Assessment – Psychological and Psychiatric Perspectives

ERIC Y. DROGIN , JD, PHD, ABPP, is a Diplomate and former President of the American Board of Forensic Psychology and a Fellow of the American Academy of Forensic Psychology. He serves on the faculties of the Harvard Medical School and the Harvard Longwood Psychiatry Residency Training Program, and teaches courses in law and mental health for the University of New Hampshire School of Law and the University of Wales. He is the author of several books, chapters, and articles addressing the interface of psychology, psychiatry, and law. FRANK M. DATTILIO , PHD, ABPP, holds a dual faculty position in psychiatry at Harvard Medical School and the University of Pennsylvania School of Medicine. He has published widely and has testified in numerous state and federal jurisdictions for the prosecution and the defense, and has served in numerous court appointments in criminal cases. He has consulted on cases for the United States Department of Justice and the Federal Bureau of Investigation and is a prolific author and international speaker. ROBERT L. SADOFF, MD, is Clinical Professor of Forensic Psychiatry and serves as Director of the Forensic Psychiatry Fellowship Program at the University of Pennsylvania School of Medicine. He is board certified in psychiatry, forensic psychiatry, and legal medicine. Dr. Sadoff has conducted over 10,000 forensic psychiatric examinations, has lectured throughout the United States and several countries abroad, and is a prolific writer, having authored or coauthored several books including Forensic Psychiatry: A Practical Guide for Lawyers and Psychiatrists, Psychiatric Malpractice: Cases and Comments for Clincians-winner of the 1993 Manfred S. Guttmacher Award-and Ethical Issues in Forensic Psychiatry: Minimizing Harm. THOMAS G. GUTHEIL , MD, is a Professor of Psychiatry at the Harvard Medical School and an internationally known lecturer, writer, and consultant on medicolegal issues, risk management, and malpractice prevention. He is a founder of the Beth Israel Deaconess Medical Center Program in Psychiatry and Law, currently serves as the President of the International Academy of Law and Mental Health, and is the author or coauthor of several books in the areas of law and medicine, including the Clinical Hand-book of Psychiatry and the Law-winner of the 1983 Manfred S. Guttmacher Award-now in its Fourth Edition.

Foreword vii Preface xi Contributors xiii P ART 1 CRIMINAL MATTERS 1 1 Competence to Stand Trial 3 Kathleen P. Stafford and Robert L. Sadoff 2 Competency to Waive Miranda Rights 25 Elliot L. Atkins and Kenneth J. Weiss 3 Sentencing 49 Elliot L. Atkins and Clarence Watson 4 Competency Restoration 79 Steven E. Samuel and Timothy J. Michals 5 Sex Offender Evaluations 97 Philip H. Witt, Frank M. Dattilio, and John M. W. Bradford 6 Criminal Responsibility 121 Robert L. Sadoff and Frank M. Dattilio 7 Capital Litigation: Special Considerations 145 Alan M. Goldstein and Harold J. Bursztajn 8 Diminished Capacity in Federal Sentencing 171 Gerald Cooke and Henry R. Bleier 9 Testimonial Capacity 187 Randy K. Otto, Robert L. Sadoff, and Amanda M. Fanniff 10 Postconviction Proceedings 205 Aderonke Oguntoye and Eric Y. Drogin 11 Juvenile Delinquency and Decertification 227 Frank M. Dattilio and Laurentine Fromm 12 Addictions 255 Curtis L. Barrett and Richard F. Limoges P ART 2 CIVIL MATTERS 275 13 Personal Injury: The Independent Medical Examination in Psychology and Psychiatry 277 Laurence Miller, Robert L. Sadoff, and Frank M. Dattilio 14 Employment Discrimination and Harassment 303 Liza H. Gold and William J. Stejskal 15 Structural and Clinical Assessment of Risk of Violence 335 Kenneth Tardiff and Dawn M. Hughes 16 Child Abuse and Neglect 361 Gillian Blair and Annie G. Steinberg 17 Abuse and Neglect of Adults 391 Carla Rodgers and Mark Siegert 18 Education and Habilitation 417 Mark J. Hauser, Robert F. Putnam, and Gregory I. Young 19 Child Custody and Parental Fitness 433 Gerald Cooke and Donna M. Norris 20 Americans With Disabilities Act Evaluations 459 Lisa Drago Piechowski and Urrooj Rehman 21 Civil Commitment 479 David F. Mrad and Clarence Watson 22 Competency to Consent to Treatment 503 Nicole Foubister and Mary Connell 23 Guardianship 521 Eric Y. Drogin and Thomas G. Gutheil 24 Psychiatric and Psychological Malpractice 543 Eric Y. Drogin and Donald J. Meyer 25 Fitness for Duty 571 Lisa Drago Piechowski and Albert M. Drukteinis 26 Psychological Autopsy 593 Frank M. Dattilio and Robert L. Sadoff PART 3 FORENSIC PRACTICE CONSIDERATIONS 613 27 Developing and Operating a Forensic Practice 615 Stanley L. Brodsky and William H. Reid 28 Interstate Practice 649 Robert L. Sadoff and Frank M. Dattilio 29 Conceptualization and Assessment of Malingering 659 Richard Rogers and Robert P. Granacher, Jr. 30 Transcultural Considerations 679 Seema Garg, Frank M. Dattilio, and Pietro Miazzo Appendix A Scientific Glossary 697 Appendix B Legal Glossary 727 Appendix C Compendium of Cited Psychological Tests 745 Appendix D Sample Reports 751 Psychiatric Evaluation-Juvenile Decertification 751 Psychological Evaluation-Juvenile Decertification 758 Preliminary Report on Psychology Board Complaint by Ms. B Against A, PhD 777 Author Index 789 Subject Index 797