Forensic Psychology and Neuropsychology for Criminal and Civil Cases

Harold V. Hall is the Director of the Pacific Institute for the Study of Conflict and Aggression in Kamuela, Hawaii. He is a Vietnam war veteran. He completed an APAapproved internship at Atascadero State Hospital and a postdoctoral fellowship in clinical neuropsychology at University of Rochester/Strong Memorial Hospital in New York. Dr. Hall has served as a consultant for a wide variety of criminal and civil justice system agencies, including the Federal Bureau of Investigation (serial rape murderers), the National Bureau of Prisons (witness protection program), the U.S. Secret Service (domestic terrorism and bombers), and has appeared over 300 times in state and federal courts as an expert witness in murder and manslaughter trials. Dr. Hall is a Diplomate in both Forensic Psychology and Clinical Psychology by the American Board of Professional Psychology and is a Fellow of the American Psychological Association. He is board certified in Professional Neuropsychology by the American Board of Professional Neuropsychology and is a Distinguished Practitioner, National Academy of Psychology. He completed a Fulbright scholarship in neuropsychology and genocide research at the University Maria Curie-Sklodowska, Lublin, Poland, and a Rotary Fellowship in Peace and Conflict Studies at Chulalongkorn University in Thailand with field placements in Cambodia and northern Thailand. Dr. Hall has authored over 100 peer-reviewed articles, reviews, and books including 3 second editions (Lethal Violence, Violence Prediction with Ronald S. Ebert; Methamphetamine Use with Sandra McPherson and Errol Yudko) and 1 third edition (Detecting Malingering and Deception, with Joseph G. Poirier). He is partially retired on the Big Island in Hawaii and conducts APA-approved workshops in mindfulness and meditation in addition to pro bono evaluation and treatment of war veterans. Joseph G. Poirier is the retired Clinical Director of the Child and Adolescent Forensic Evaluation Service (CAFES), Health and Human Services, Montgomery County Government, Rockville, Maryland. Dr. Poirier served on active duty in the U.S. Army for seven years. He completed a one-year, American Psychological Association-approved postdoctoral clinical psychology internship at Walter Reed Army Medical Center in Washington, DC. Subsequently, he was the Chief Psychologist at the Fort Bragg Mental Hygiene Clinic where he assisted as Co-director in implementing the first Surgeon General-approved Substance Abuse Treatment Program for active duty military personnel. Subsequently, he was reassigned back to Walter Reed Army Medical Center where he implemented the first U. S. Army Substance Abuse Treatment Training Program for military clinicians. Most patients in this program were Vietnam Conflict returnees who were recovering from opioid addiction. Following military service, he entered employment with the Montgomery County Maryland Health Department. For 30 years, he was also the Co-director of the Circuit Court Mental Health Forensic Service, Prince Georges County, Maryland. He has testified as an expert witness in federal court and in district and circuit courts in several states. Presently semi-retired, Dr. Poirier maintains a clinical-forensic private practice in Rockville, Maryland. Dr. Poirier is triple board certified in Forensic Psychology, Clinical Psychology, and Couple and Family Psychology by the American Board of Professional Psychology. He is also a Fellow of the American Psychological Association.

Contents

Preface xi

Acknowledgments xv

Editors xvii

Contributors xix

Editors’ Commentary and Disclaimer Statement xxi

Part I

FOUNDATIONAL ISSUES

1 Criminal- and Civil-Forensic Factors in

a Methamphetamine Murder Case 3

HAROLD V. HALL

2 Detecting Malingering and Deception in

Forensic Evaluations 53

HAROLD V. HALL AND JOSEPH G. POIRIER

3 Forensic Interviewing: A Synthesis of Verbal and

Nonverbal Communication and the Role of Interrogation 117

JOSEPH G. POIRIER AND HAROLD V. HALL

4 Clinical-Forensic Aspects of Substance Abuse 147

JOSEPH G. POIRIER

5 Violence in the Family: Including Lethal Outcome 193

JOSEPH G. POIRIER

6 Psychoses and Hallucinations from a Forensic Perspective 243

HAROLD V. HALL AND JOSEPH G. POIRIER

Part II

CRIMINAL-FORENSIC EVALUATION

AND CONSULTATION

7 The Legal, Ethical, and Applied Aspects of Capital

Mitigation Evaluations: Practice Guidance from

a Principles-Based Approach 263

CASEY LADUKE, DAVID DEMATTEO, GEOFFREY MARCZYK,

LINDA KNAUSS, DANIEL FLACK, AND KIRK HEILBRUN

8 Assessment of Competence to Proceed in

the Criminal Process 313

RANDY K. OTTO, RICHART L. DEMIER,

AND MEREDITH M. VELTRI

9 Intellectual Disability and the Criminal

Justice System: Forensic Issues 333

JEFFERY S. LONG AND RONALD S. EBERT

10 Violence Prediction and Risk Analysis 365

HAROLD V. HALL

11 Post-Traumatic Stress Disorder 403

JOSEPH G. POIRIER AND HAROLD V. HALL

12 The Juvenile Sex Offender 437

JOSEPH G. POIRIER

13 Reformulation of Criminal Profiling of Serial

Rape-Murderers and Bombers 487

HAROLD V. HALL

Part III

CIVIL-FORENSIC EVALUATION AND CONSULTATION

14 Tort and Eligibility Claims in Civil-Forensic Evaluation 513

HAROLD V. HALL AND JOSEPH G. POIRIER

15 Parents with Brain Impairment: Care and

Protection Matters 537

LOIS O. CONDIE

16 Evaluating the Evaluators in Custodial Placement Disputes 575

JONATHAN W. GOULD AND MILFRED D. DALE

17 Child Maltreatment Parental Assessments 605

DEBORAH CHAVEZ AND JAMES MANLEY

18 Employment and Discrimination Litigation:

The Dysfunctional Side of Workplace Diversity 639

JAY M. FINKELMAN

19 Malingered Pain and Memory Deficits in

Civil-Forensic Contexts 665

HAROLD V. HALL AND JOSEPH G. POIRIER

Part IV

APPENDICES

Appendix A: Mental Fitness and Capacity Report 691

HAROLD V. HALL

Appendix B: Self-Control and Instant Offense Behaviors 697

HAROLD V. HALL

Appendix C: Family Violence — Sample Case Report 717

JOSEPH G. POIRIER

Appendix D: Intellectual disability and competency to

stand trial evaluation from Chapter 9 (Ebert & Long) 723

RANDY K. OTTO, RICHART L. DEMEIR, AND MEREDITH M. VELTRI

Appendix E: Phases of TBI and What to Expect to Do in

Civil-Forensic Evaluations 731

ROLLAND PARKER

Appendix F: Capital Mitigation Case 763

CASEY LADUKE, DAVID DEMATTEO, GEOFFREY MARCZYK,

LINDA KNAUSS, DANIEL FLACK, AND KIRK HEILBRUN

x Contents

Appendix G: Juvenile Sex Offender – Sample Report 777

JOSEPH G. POIRIER

Appendix H: Appendix H – Pain Survey Checklist (PSCL) 785

HAROLD V. HALL

Appendix I: Psychological Evaluation Involving Parents

with Brain Impairment 795

LOIS OBERLANDER CONDIE

Appendix J: Evaluating the Evaluators in Custodial

Placement Disputes 817

JONATHAN W. GOULD AND MILFRED D. DALE

Appendix K: Child Maltreatment Parental Assessment 831

DEBORAH CHAVEZ AND JAMES MANLEY

Glossary 847

Index 881