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Conducting Insanity Evaluations - Richard Rogers

Conducting Insanity Evaluations

Hardcover

Published: 18th February 2000
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Insanity evaluations represent the most challenging and complex evaluations in forensic psychology and psychiatry. Mental health and legal professionals involved in insanity cases need a solid foundation in current concepts, legal standards, and clinical methods. This need is heightened by the substantial legal and clinical changes that have occurred in the field during the past decade. This text from two leading authorities brings forensic professionals up to date on key issues surrounding insanity evaluations. It provides explicit, research-based guidelines for interview-based assessments, psychological testing and other specialized procedures, and forensic reports and testimony. The volume explores how insanity is conceptualized under the law and differentiated from other standards of criminal responsibility. A range of clinical measures and techniques are examined, with special attention to such relevant phenomena as malingering and amnesia. Included in the appendices are invaluable databases on 413 defendants evaluated for criminal responsibility and 6,479 defendants found not guilty by reason of insanity. For clinicians, the volume provides the knowledge and skills needed to conduct ethical, legally defensible insanity evaluations and to present their findings effectively. Legal professionals will gain a basis for understanding the logic and clinical methods used by mental health experts and for evaluating the quality of their assessments.

"Rogers and Shuman have done a masterful job. This updated and expanded second edition addresses clinical and forensic needs in detail, combining recent scientific data with practical experience at the interface of mental health and criminal law. The book goes a long way toward clarifying the complex relationship between forensic professionals, lawyers, and the judiciary. I am particularly impressed with its treatment of how forensic professionals can communicate their knowledge to attorneys and courts in ways that are legally useful, while retaining their accuracy and objectivity. Forensic evaluations are not the same as clinical ones, and conducting them well is not an intuitive exercise. All mental health professionals who evaluate defendants or consult to courts on criminal matters should have and read this book. It will serve as an excellent text for graduate-level courses in forensic psychology and psychiatry. Criminal defense attorneys, prosecutors, criminologists, and specialists in mental health law will also find it a useful resource." --William H. Reid, MD, MPH, Clinical Professor of Psychiatry, University of Texas Health Science Center, Past President, American Academy of Psychiatry and the Law "This is a great resource for both psychologists and lawyers. The material on legal standards and their applications to clinical work offers the best example I have seen of what forensic psychology is all about--making clinical work relevant to legal processes, and vice versa. The text is coherent, logical, and relevant. In an area where balance is sometimes difficult to achieve, the authors show no evidence of defense or prosecution bias. Beyond its excellent coverage of its central topic, this book provides a breadth of information about conducting fair and competent forensic evaluations." --William E. Foote, PhD, ABPP, Forensic and Clinical Psychologist, Albuquerque, NM

"Rogers and Shuman have done an impressive job with the second edition of Conducting Insanity Evaluations. Comprehensive yet easy to read, scholarly yet also practical, this volume is requisite reading for those involved in assessment, decision making, legislation, or research on the insanity defense." --Kirk Heilbrun, PhD, MCP, Hahnemann University

"This volume attempts to assist psychological and legal professionals to understand each other as they seek to find truth and justice within an adversarial system. Rogers and Shuman succeed in explaining the legal standards of the major insanity defense in terms clear enough for both forensic experts and first-year law students. Also explicated are the competing ends of 'best possible defense' versus the protection of client and public." --Kathleen Price, JD, Professor and Library Director, New York University School of Law

"Written primarily for forensic psychologists and psychiatrists, this book is also a valuable tool for prosecutors and defense attorneys. It offers helpful insights into such issues as formulating voir dire jury questions, fostering successful expert-attorney relationships, and recognizing the most important issues influencing the jury in an insanity defense case. Very readable and informative." --William VanLonkhuyzen, JD, Criminal Defense Attorney, Boston, MA .,."a comprehensive and thoughtful overview of the various substantive in forensic criminal law. Coverage of the interrelated clinical and legal issues, with particular focus on practical considerations, is one of the major strengths of the textbook....Equally balanced is the detailed orientation to assessing and determining the defendant's creditability and culpability. The textbook critically analyzes the various types of psychological testing, structured approaches, laboratory and diagnostic methods to develop the most accurate and comprehensive diagnosis determining criminal insanity....a useful reference for attorneys, psychiatrists, psychologists, and other mental health professionals who work with, or consult, patients with forensic psychology issues."-- "Metapsychology" .,."a mandatory inclusion in the library of any forensic psychiatrist or psychologist. It will serve as an excellent reference for historic, landmark cases that have shaped our current thinking. More importantly, however, this text teaches both the novice and the well-seasoned evaluator how to examine defendants and explains the legal and clinical rationale for examination methods. It not only provides a comprehensive guide to the utilization of psychological and specialized testing and clinical and structured interviews, but also describes how to synthesize one's findings into rational, clinically relevant, and statistically sound decisions....a valuable addition to the psychiatric forensic literature."-- "Journal of Clinical Psychiatry" "This book is a 'must-read' for clinicians who perform forensic evaluations for courts. Since clinical methods of assessing criminal responsibility are framed bylegislative statutes, the Federal Rules of Evidence, insanity standards, and case law, clinicians must be well-versed in multiple forensic areas. This book provides forensic clinicians with a theoretical and practical framework for conducting insanity evaluations. Attorneys are provided with a 'foundation for evaluating the quality of insanity evaluations and challenging substandard assessments.'....Individuals who perform research, consult with courts or perform evaluations should read this book. The research-based guidelines provide a firm grounding in current concepts, issues, legal and clinical changes, standards and methods."-- "American Journal of Forensic Psychiatry"

Introductionp. 1
Overviewp. 1
Daubert and the Parameters of Insanity Evaluationsp. 3
Standards of Criminal Responsibilityp. 9
Public Misperceptions of the Insanity Defensep. 19
Potential Jurors for Insanity Trialsp. 21
Postacquittal Management of Persons Found Not Guilty by Reason of Insanityp. 22
Clinical and Legal Issues
The Clinician's Role in Insanity Evaluationsp. 29
Agency and Professional Rolep. 29
Attitudes and Motivations of the Forensic Expertp. 32
Extraneous Defendant and Victim Characteristicsp. 35
Ethical Issuesp. 40
Whole Truth versus Partial Truthp. 44
Certainty of Clinical Opinionsp. 45
The Ultimate Opinion Controversyp. 46
The Expert-Attorney Relationshipp. 49
Overviewp. 49
Mutual Distrust and Derogationp. 51
Epistemological Differencesp. 52
Competing Goals and Objectivesp. 55
Nature of the Contractual Arrangementp. 58
Domains of Professional Responsibilityp. 58
Forensic Identificationp. 60
Conclusionp. 61
Addressing the Legal Standardsp. 64
Overviewp. 64
M'Naghten Standardp. 66
M'Naghten-Irresistible Impulse Standardp. 71
ALI Standardp. 74
IDRA Standardp. 81
Guilty But Mentally Ill Standardp. 82
Other Standardsp. 86
Do Different Standards Make a Difference?p. 87
Conclusionp. 88
Malingering and Deceptionp. 90
Overviewp. 90
Explanatory Models of Malingeringp. 91
Feigned Psychopathologyp. 93
Feigned Cognitive and Neuropsychological Assessmentp. 104
Conclusionp. 115
Amnesia and Dissociationp. 121
Overviewp. 121
Dissociative versus Organic Amnesiap. 123
Specific Organic Syndromesp. 128
Malingered Amnesiap. 131
Dissociative Disorders and Criminal Responsibilityp. 135
Automatism and Criminal Responsibilityp. 141
Memory Loss and Distortionp. 143
Conclusionp. 147
Clinical Methods
Clinical Interviewsp. 151
Overviewp. 151
Goalsp. 153
Diagnostic Issuesp. 166
Content Issuesp. 178
Corroborative Clinical Interviewsp. 180
Conclusionp. 181
Psychological Testingp. 183
Overviewp. 183
Projective Methodsp. 186
Multiscale Inventoriesp. 194
Intellectual and Neuropsychological Testingp. 207
Conclusionp. 215
Structured Approaches to Insanity Evaluationsp. 217
Schedule of Affective Disorders and Schizophreniap. 217
Mental State at the Time of the Offense Screening Evaluationp. 224
Rogers Criminal Responsibility Assessment Scalesp. 230
Conclusionp. 240
Laboratory and Specialized Assessment Techniques: Issues and Methodsp. 243
Overviewp. 243
Specialized Methods with Sex Offendersp. 244
Polygraph Techniquesp. 249
Integrity Testingp. 251
Forensic Hypnosisp. 252
Drug-Assisted Interviewsp. 254
Measures of Alcohol and Drug Abusep. 258
The EEG and Diagnostic Imagingp. 268
Conclusionp. 275
Clinical Synthesisp. 278
Overviewp. 278
Decision-Making Modelsp. 279
Components of Forensic Decision Makingp. 283
Application of Statistical Modelsp. 287
Contradictory and Discrepant Findingsp. 289
"No Opinion" Conclusionsp. 293
Conclusionp. 294
Communication of Findingsp. 296
Disclosure of the Expert's Findingsp. 296
Reports versus No Written Reportsp. 298
Forensic Reportsp. 299
Pretrial Strategic Conferencesp. 306
Issues Related to Insanity Trialsp. 309
Multiple Forensic Rolesp. 314
Rebuttal Expertsp. 315
Conclusionp. 316
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781572305212
ISBN-10: 1572305215
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 342
Published: 18th February 2000
Publisher: Guilford Publications
Country of Publication: US
Dimensions (cm): 23.5 x 15.9  x 2.54
Weight (kg): 0.64
Edition Number: 2