Handbook of Forensic Assessment (eBook)

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

PART 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

PART 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

"Overall, the Handbook of Forensic Assessment is a clear and informative resource that delivers what its title promises. Forensic psychiatrists should find it a helpful addition to their libraries that they will refer to again and again in the course of their work." (Edward Poa, MD, Journal of the American Academy of Psychiatry and the Law 40:4:587-589, December 2012)

"There is much within this fine text that is worthy of praise given the contribution these editors and their chapter contributors have made to the academic and practitioner community alike in the field of forensic mental health assessments. Drogin, Dattilio, Sadoff, and Gutheil are to be commended for an invaluable and useful contribution to the field of forensic mental health as forensic psychiatrists and psychologists will derive considerable benefit from this book. It is a text that is highly recommended for practitioners and academics alike." (International Journal of Offender Therapy and Comparative Criminology, September 2012)