Psychological Evaluations for the Courts, Fourth Edition

"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 -

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 Presidents 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 Presidents 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 Associations Criminal Justice Mental Health Standards, and was also a Reporter for the ABAs 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,

I. General Considerations 1. Law and the Mental Health Professions: An Uneasy Alliance 1.01. The Context for Law and Behavioral Science 1.02. Some Preliminary Problems in Law and Mental Health 1.03. Paradigm Conflicts 1.04. Should Mental Health Professionals Be Considered Experts? 1.05. Which Professionals Should Be Considered Experts? 1.06. Conclusion Bibliography 2. An Overview of the Legal System: Sources of Law, the Court System, and the Adjudicative Process 2.01. Introduction 2.02. Sources of Law 2.03. The Court System 2.04. The Adjudicative Process 2.05. Conclusion: The Interplay of Systems Bibliography 3. The Nature and Method of Forensic Assessment 3.01. Introduction 3.02. Distinctions between Therapeutic and Forensic Assessment 3.03. Testing and Assessment Procedures 3.04. Archival and Third-Party Information 3.05. Amnesia 3.06. Assessment of Response Style 3.07. Challenges to the Basis of Expert Testimony 3.08. Conclusion Bibliography 4. Constitutional, Common-Law, and Ethical Contours of the Evaluation Process: The Mental Health Professional as Double Agent 4.01. Introduction 4.02. The Fifth Amendment and the Right to Remain Silent 4.03. The Right to Counsel 4.04. Common-Law and Statutory Duties of the Evaluator 4.05. Ethical Considerations in the Evaluation Process 4.06. Summary: Competence in Forensic Practice Bibliography 5. Managing Public and Private Forensic Services 5.01. Introduction 5.02. The Case for Specialization 5.03. Types of Evaluation Systems 5.05. Effective Diffusion of Behavioral Science Research 5.06. Operating a Forensic Practice Bibliography II. The Criminal Process 6. Competence to Proceed 6.01. Introduction 6.02. The Legal Standard 6.03. Procedural Issues 6.04. Disposition of Incompetent Defendants 6.05. Competence during Proceedings Other Than Trial or Plea Hearings 6.06. Research Relating to Competence Evaluations 6.07. Structured Evaluation Formats 6.08. Special Populations 6.09. Guidelines for Evaluation 6.10. Conclusion Bibliography 7. Other Competencies in the Criminal Process 7.01. Introduction 7.02. Competence to Consent to a Search or Seizure 7.03. Competence to Exercise the Right to Remain Silent 7.04. Competence to Plead Guilty 7.05. Competence to Waive the Right to Counsel and to Represent Oneself 7.06. Competence to Refuse an Insanity Defense and Other Mental State Defenses 7.07. Competence to Testify 7.08. Competence to Be Executed and to Participate in and Waive Appeals Bibliography 8. Mental State at the Time of the Offense 8.01. Introduction 8.02. The Insanity Defense 8.03. Exculpatory and Mitigating Doctrines Other Than Insanity 8.04. Research on the Relationship of Diagnosis to MSO Defenses 8.05. Characteristics of Clinicians MSO Opinions 8.06. MSO Investigation 8.07. Clinical Formulations about MSO 8.08. Conclusion Bibliography 9. Sentencing 9.01. Introduction 9.02. A Brief History of Sentencing 9.03. A Comparison of Rehabilitative and Retributive Sentencing 9.04. Special Sentencing Provisions 9.05. Capital Sentencing 9.06. Factors Influencing Sentencing 9.07. Assessment of Treatment Needs 9.08. Assessment of Culpability 9.09. Assessing Risk of Violence and Recidivism Bibliography III. Noncriminal Adjudication 10. Civil Commitment 10.01. Introduction 10.02. History of Commitment Law 10.03. Substantive Criteria for Commitment 10.04. Procedural Due Process 10.05. The Effects of Commitment Laws and Commitment 10.06. Attorneys Role 10.07. Clinicians Role 10.08. Commitment Evaluation 10.09. The Process of the Evaluation 10.10. Special Commitment Settings and Populations Bibliography 11. Civil Competencies 11.01. Introduction 11.02. Guardianship 11.03. Competence to Make Treatment Decisions 11.04. Competence to Consent to Research 11.05. Testamentary Capacity Bibliography 12. Compensating Mental Injury: Workers Compensation and Torts 12.01. Introduction 12.02. Wo