Psychological Evaluations for the Courts, Fourth Edition

Gary B. Melton, PhD, until his death in 2020, wasAssociate Director for Community Development and Social Policy at the Kempe Center for the Prevention and Treatment of Child Abuse and Neglect, Professor of Pediatrics, and Professor of Community and Behavioral Health at the University of Colorado Anschutz Medical Campus. A champion for children's mental health,Dr. Melton received Distinguished Contributions Awards from the American Professional Society on the Abuse of Children, the American Psychological Association (four times, a unique achievement), the American Psychological Foundation, and Prevent Child Abuse America, among other organizations. The author of more than 350 publications, he was founding editor-in-chief of the International Journal on Child Maltreatmentandsenior editor of the American Journal of Orthopsychiatry.In his honor, the Global Alliance for Behavioral Health and Social Justice established the Gary B. Melton Award in 2020.John Petrila, JD, LLM, is Vice President of Adult Policy at Meadows Mental Health Policy Institute. Previously, he was Chair and Professor of Health Policy and Management at the University of South Florida College of Public Health. He is a recipient of a Fulbright Scholarship and of the University of South Florida President’s Faculty Excellence Award. Dr. Petrila's research interests include the diversion of people with mental illnesses from the justice system, coercion, and strategies to reduce recidivism of heavy users of the treatment and justice systems. Recent papers focus on emergency hospitalizations of people with mental illnesses, national review of emergency civil commitment legislation, and the current status of the Americans with Disabilities Act.Norman G. Poythress, PhD, is Professor Emeritus in the Department of Mental Health Law and Policy at the University of South Florida, where he served as Research Director from 1990 to 2010. He is a past president of the American Psychology-Law Society, which honored him with its Award for Distinguished Contributions to Psychology and Law. He is also a recipient of the University of South Florida President’s Faculty Excellence Award. Dr. Poythress has published more than 100 research articles and book chapters on forensic assessment, mental health courts, research ethics, and psychopathic behavior.Christopher Slobogin, JD, LLM, is Milton Underwood Chair at Vanderbilt University Law School. He is the first law professor to receive Distinguished Contribution Awards from both the American Psychology-Law Society and the American Board of Forensic Psychology. Mr. Slobogin has published over 150 works on mental health law and criminal justice, and is currently one of the 40 most cited law professors in the country. He recently served as chair of the task force revising the American Bar Association’s Criminal Justice Mental Health Standards, and was also a Reporter for the ABA’s Task Force on Mental Disability and the Death Penalty.Randy K. Otto, PhD, ABPP, is Associate Professor in the Department of Mental Health Law and Policy at the University of South Florida, where he has been on the faculty since 1989. He also teaches in the Departments of Psychology and Criminology. Board-certified in clinical and forensic psychology, Dr. Otto has served as president of the American Psychology-Law Society, the American Board of Forensic Psychology, and the American Board of Professional Psychology. His contributions to forensic psychological assessment have been recognized with awards from the American Academy of Forensic Psychology and the forensic division of the New York State Psychological Association.Douglas Mossman, MD, until his death in 2018, was Professor of Clinical Psychiatry and Program Director of the Forensic Psychiatry Fellowship at the University of Cincinnati College of Medicine. A board-certified general and forensic psychiatrist and Distinguished Life Fellow of the American Psychiatric Association, Dr. Mossman authored more than 180 publications on diverse issues in medicine and law, including competence, judgment models, malingering measures, psychotropic medication, malpractice, psychiatric ethics, and novel mathematical approaches to diagnostic assessment. He received the American Psychiatric Association’s Manfred S. Guttmacher Award for outstanding contributions to the literature on forensic psychiatry. Hundreds of scientific and legal works cite his 1994 article, "Assessing Predictions of Violence: Being Accurate about Accuracy."Lois O. Condie, PhD, ABPP, is affiliated with the Department of Neurology at Boston Children’s Hospital and is Assistant Professor of Psychology in Psychiatry at Harvard Medical School. Dr. Condie is board-certified in neuropsychology, clinical psychology, and forensic psychology. She has received citations and awards from the Social Security Administration, the American Board of Forensic Psychology, the American Academy of Forensic Psychology, and the American Board of Professional Psychology. Her research focuses on assessments and entitlement legislation for children with neurodevelopmental and other disorders, services for vulnerable populations internationally, psychological and legal conceptions of privacy, and ethics and standards of practice.

• I. General Considerations1. Law and the Mental Health Professions: An Uneasy Alliance1.01. The Context for Law and Behavioral Science1.02. Some Preliminary Problems in Law and Mental Health1.03. Paradigm Conflicts1.04. Should Mental Health Professionals Be Considered Experts?1.05. Which Professionals Should Be Considered Experts?1.06. ConclusionBibliography2. An Overview of the Legal System: Sources of Law, the Court System, and the Adjudicative Process2.01. Introduction2.02. Sources of Law2.03. The Court System2.04. The Adjudicative Process2.05. Conclusion: The Interplay of SystemsBibliography3. The Nature and Method of Forensic Assessment3.01. Introduction3.02. Distinctions between Therapeutic and Forensic Assessment3.03. Testing and Assessment Procedures3.04. Archival and Third-Party Information3.05. Amnesia3.06. Assessment of Response Style3.07. Challenges to the Basis of Expert Testimony3.08. ConclusionBibliography4. Constitutional, Common-Law, and Ethical Contours of the Evaluation Process: The Mental Health Professional as Double Agent4.01. Introduction4.02. The Fifth Amendment and the Right to Remain Silent4.03. The Right to Counsel4.04. Common-Law and Statutory Duties of the Evaluator4.05. Ethical Considerations in the Evaluation Process4.06. Summary: Competence in Forensic PracticeBibliography5. Managing Public and Private Forensic Services5.01. Introduction5.02. The Case for Specialization5.03. Types of Evaluation Systems5.05. Effective Diffusion of Behavioral Science Research5.06. Operating a Forensic PracticeBibliographyII. The Criminal Process6. Competence to Proceed6.01. Introduction6.02. The Legal Standard6.03. Procedural Issues6.04. Disposition of Incompetent Defendants6.05. Competence during Proceedings Other Than Trial or Plea Hearings6.06. Research Relating to Competence Evaluations6.07. Structured Evaluation Formats6.08. Special Populations6.09. Guidelines for Evaluation6.10. ConclusionBibliography7. Other Competencies in the Criminal Process7.01. Introduction7.02. Competence to Consent to a Search or Seizure7.03. Competence to Exercise the Right to Remain Silent7.04. Competence to Plead Guilty7.05. Competence to Waive the Right to Counsel and to Represent Oneself7.06. Competence to Refuse an Insanity Defense and Other Mental State Defenses7.07. Competence to Testify7.08. Competence to Be Executed and to Participate in and Waive AppealsBibliography8. Mental State at the Time of the Offense8.01. Introduction8.02. The Insanity Defense8.03. Exculpatory and Mitigating Doctrines Other Than Insanity8.04. Research on the Relationship of Diagnosis to MSO Defenses8.05. Characteristics of Clinicians’ MSO Opinions8.06. MSO Investigation8.07. Clinical Formulations about MSO8.08. ConclusionBibliography9. Sentencing9.01. Introduction9.02. A Brief History of Sentencing9.03. A Comparison of Rehabilitative and Retributive Sentencing9.04. Special Sentencing Provisions9.05. Capital Sentencing9.06. Factors Influencing Sentencing9.07. Assessment of Treatment Needs9.08. Assessment of Culpability9.09. Assessing Risk of Violence and RecidivismBibliographyIII. Noncriminal Adjudication10. Civil Commitment10.01. Introduction10.02. History of Commitment Law10.03. Substantive Criteria for Commitment10.04. Procedural Due Process10.05. The Effects of Commitment Laws and Commitment10.06. Attorney’s Role10.07. Clinician’s Role10.08. Commitment Evaluation10.09. The Process of the Evaluation10.10. Special Commitment Settings and PopulationsBibliography11. Civil Competencies11.01. Introduction11.02. Guardianship11.03. Competence to Make Treatment Decisions11.04. Competence to Consent to Research11.05. Testamentary CapacityBibliography12. Compensating Mental Injury: Workers’ Compensation and Torts12.01. Introduction12.02. Workers’ Compensation Law: An Overview12.03. The Tort of Emotional Distress12.04. Causation in Mental Injury Cases: A Paradigm Clash?12.05. Clinical Evaluation of Mental Injury12.06. Conclusion: Reports and TestimonyBibliography13. Federal Antidiscrimination, Entitlement, and Immigration Laws13.01. Introduction13.02. Americans with Disabilities Act13.03. Fair Housing Amendments Act13.04. Social Security Laws13.05. Immigration Law13.06. ConclusionBibliographyIV. Children and Families14. Juvenile Delinquency14.01. Introduction14.02. The Rise and Fall of the “Therapeutic” Juvenile Court14.03. The Nature of the Juvenile Process14.04. The Mental Health Professional’s Role in Juvenile Court14.05. The Nature of the Evaluation14.06. Specific Areas of Treatment Evaluations14.07. Special Juvenile Populations14.08. Do the Mental Health and Juvenile Systems Belong Together?Bibliography15. Child Abuse and Neglect15.01. The Nature of Abuse and Neglect Proceedings15.02. Legal Definitions of Child Maltreatment15.03. Child Maltreatment as a Clinical Phenomenon15.04. Clinicians’ Involvement in the Legal Process15.05. Special Populations15.06. The Technique of Abuse/Neglect Evaluations15.07. Adult Cases Related to Abuse and Neglect16. Child Custody in Divorce16.01. The Scope of Clinicians’ Involvement in Custody Disputes16.02. Standards for Resolution of Custody Disputes16.03. What Do We Know?16.04. The Technique of Custody Evaluations16.05. The Politics of DivorceBibliography17. Education and Habilitation17.01. Introduction17.02. The Impetus for the IDEA17.03. The Structure of the IDEA17.04. Clinical Evaluation under the ActBibliographyV. Communicating with the Courts18. Consultation, Report Writing, and Expert Testimony18.01. Introduction18.02. Preliminary Consultations18.03. Data Collection, Maintenance, and Disclosure18.04. Preliminary Report of Findings18.05. Report Writing18.06. Expert Testimony and the Social Psychology of Persuasion18.07. The Ultimate-Issue IssueBibliography19. Sample Reports19.01. Introduction19.02. Competence to Proceed [Chapters 6 and 14]19.03. Competence to Plead and Waive Rights [Chapter 7]19.04. Mental State at the Time of the Offense [Chapter 8]19.05. Sentencing [Chapter 9]19.06. Civil Commitment [Chapter 10]19.07. Competence to Handle Finances [Chapter 11]19.08. Workers’ Compensation for Mental Injury [Chapter 12]19.09. Reasonable Accommodation under the Americans with Disabilities Act [Chapter 13]19.10. Consultative Examination for Social Security [Chapter 13]19.11. Immigration Status [Chapter 13]19.12. Transfer to Adult Court [Chapter 14]19.13. Dispositional Review [Chapter 15]19.14. Custody [Chapter 16]19.15. Evaluation under the Individuals with Disabilities Education Act [Chapter 17]20. Glossary20.01. Legal Terms20.02. Clinical and Research TermsNotesIndex

"This is a fully updated edition of the best textbook designed for both forensic clinicians and attorneys. It is the 'go-to' book for scholarly analysis of forensic issues and sophisticated, practical advice."--Phillip J. Resnick, MD, Professor of Psychiatry and Director of Forensic Psychiatry, Case Western Reserve University"This text has made an extraordinary contribution to forensic mental health assessment and informed legal decision making over the last 30 years. The fourth edition remains the most comprehensive, legally sophisticated, and scientifically sound single volume available to forensic practitioners, legal professionals, policymakers, researchers, and scholars, and continues to serve as an essential guide to the field. It is highly appropriate for any graduate-level class in forensic assessment (I use it in mine), as well as internship or fellowship seminars. I would also use it if I were training psychiatrists at the fellowship level."--Kirk Heilbrun, PhD, Department of Psychology, Drexel University"Long a canonical work, this fourth edition fully captures the last decade's explosive growth in what courts expect of mental health experts. Seamlessly meshing scientific rigor, legal precision, and clinical acumen, this is the one book to read if there is a witness stand in your future. The goalposts for scholarship in forensic psychology have just been moved."--John Monahan, PhD, Shannon Distinguished Professor of Law, Psychology, and Psychiatry, University of Virginia"This handbook is remarkable for its scope, as well as its detailed and critical analysis of the relevant legal, scientific, and clinical literature. The fourth edition does not disappoint--it has been revised and updated to once again cement its place as the standard by which all others in the field are measured. For mental health trainees and professionals who want to learn about conducting forensic assessments, and for legal trainees and professionals who need to learn about research and practice in forensic psychology, there is simply no better reference."--Stephen D. Hart, PhD, Department of Psychology, Simon Fraser University, Burnaby, British Columbia, Canada"Continuing the tradition of this comprehensive reference, the fourth edition offers encyclopedic coverage of mental health issues relevant to the criminal and civil courts, and can help both mental health professionals and attorneys address these matters more effectively. The volume makes extensive use of case law and case material throughout. It includes an entire chapter of sample reports and accompanying discussions addressing substantive legal issues."--Glenn J. Larrabee, PhD, ABPP-CN, independent practice, Sarasota, Florida"A 'must read' for any student preparing for a career in forensic mental health. The fourth edition maintains the original structure and readability while providing a review of up-to-the-minute research and scholarly discussions relevant to all aspects of psycholegal evaluations. It is the most practical, user-friendly, and comprehensive forensic mental health book on the market. I have used this text in a graduate-level Psychology and Law class and as required reading for my practicum students working in corrections and assisting me with forensic evaluations."--Robert D. Morgan, PhD, Chair and John G. Skelton Jr. Regents Endowed Professor, Department of Psychological Sciences, Texas Tech University -