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Law and Mental Health : A Case-Based Approach - Robert G. Meyer

Law and Mental Health

A Case-Based Approach

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Published: 15th December 2005
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This volume presents classic and contemporary legal cases that have set important precedents related to psychological and mental health issues in criminal and civil proceedings; the role of practitioners as expert witnesses and forensic consultants; and legal concerns in general clinical practice. Engagingly written, the book brings to life the details of each case and the personal stories involved, while also providing a solid introduction to foundational issues in the field. Forensic and clinical professionals will find this a highly informative resource, and it will also be useful for undergraduate- and graduate-level courses and professional training.

"Combining landmark legal case analyses with fascinating historical background, the psychologist-authors take the reader behind the scenes and into the personal lives of the characters--far more colorful than fictional ones--who play various roles in the cases. This book is as gripping as it is instructive."--Thomas G. Gutheil, MD, Department of Psychiatry, Harvard Medical School; Program in Psychiatry and the Law, Massachusetts Mental Health Center

"Mental health clinicians must have a foundation of legal knowledge, whether working in general practice or directly engaged in forensic settings. The law can be intimidating and its jargon can be difficult for non-lawyers to grasp. Meyer and Weaver provide insight into legal rules and principles by telling the stories of important legal cases related to mental health. These well-chosen case narratives and the authors' clear, insightful commentaries enable readers to reach a level of legal literacy critical to practice. This volume is a valuable resource for courses on mental health law, and practitioners will also benefit from reading these fascinating cases."/m-/Robert G. Madden, LCSW, JD, Department of Social Work, Saint Joseph College

"Meyer and Weaver have authored a unique book, one that actually makes reading and reviewing case law both interesting and memorable. Landmark cases are described in sufficient detail in a style that is readable and, at times, humorous. Classic cases are included, along with more recent U.S. Supreme Court decisions. This important text is a 'must' for forensic psychologists, psychiatrists, and social workers who conduct forensic mental health assessments; for those preparing for board certification examinations; and for advanced graduate students in psychology and law courses."--Alan M. Goldstein, PhD, board-certified forensic psychologist, Department of Psychology, John Jay College of Criminal Justice

"Law and Mental Health is a comprehensive review of the major cases that define mental health law. Professionals and students will find this book to be of considerable value in understanding both how courts deal with mental health issues and how major cases have shaped the law."--Steven Smith, JD, California Western School of Law "This book has been a useful text for the Mental Health Law class in our clinical psychology graduate program. It offers a clear explication of the topic or content area, complemented by a review of applicable cases that highlights key points and brings the issues to life. Students have commented that they appreciate the use of the actual case material, as it adds a level of clarity and understanding beyond a presentation of the more didactic material. Because the authors are psychologists, they are able to discuss important issues in mental health law in a clear, coherent manner, without the legalese often found in more traditional texts. The organization of the book has allowed us to use selected chapters throughout the quarter, in a sequence that coincides with the course syllabus. We will no doubt continue to use this text in the future."--Ann Sauer, PhD, Clinical Psychology Program, Midwestern University

Introduction: Law and Mental Healthp. 1
Psychological Issues and Involvement in Basic Courtroom Proceedingsp. 19
Jury Selection and Process: Precedent Impacting Jury Consultation and Researchp. 21
Featured Cases
The Case of the Mitchell-Stans Conspiracy Trial: The Importance of Consistent Jury Selection Proceduresp. 26
The Case of Batson v. Kentucky (1986): Juror Race in Jury Selectionp. 31
Admission of Expert Testimony and the Eyewitnessp. 36
Featured Cases
The Case of Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993): The Evolution of Qualifications for the Admissibility of Expert Testimonyp. 40
The Case of Kumho Tire Co. v. Carmichael (1999): Clarifying the Applicability of Daubertp. 43
The Case of People v. LeGrand (2002): General Acceptance in a Field and a Misapplication of Expert Testimonyp. 50
Legal Precedent in Everyday Clinical Practicep. 55
Informed Consentp. 57
Featured Cases
The Case of Miranda v. Arizona (1966): The Importance of Disclosurep. 58
The Case of Zinermon v. Burch (1990): The Importance of Capacityp. 65
Confidentiality and Privileged Communicationp. 70
Featured Cases
The Case of In re Lifschutz (1970): Therapist-Patient Privilege and Privilege Waiverp. 73
The Case of Jaffee v. Redmond (1996): Broadening Therapist-Client Privilegep. 77
Duty to Warn and Protectp. 81
Featured Cases
The Case of Tarasoff v. the Regents of the University of California (1976): Dangerousness to Others and the Duty to Warn and Protectp. 83
The Case of Almonte v. New York Medical College (1994): Duty to Warn and Protect a Nonspecified Victimp. 87
The Case of Garner v. Stone (1973): Confidentiality and the Duty Not to Warn and Protectp. 89
Clinical Forensic Evaluationp. 91
Competencyp. 93
Featured Cases
The Case of Dusky v. U.S. (1959): Defining Competency to Stand Trialp. 95
The Case of Godinez v. Moran (1993): The Constitutional Basis for Separate Competenciesp. 106
Insanity and Criminal Responsibilityp. 114
Featured Cases
The Case of In re M'Naughten (1843): The First Formal Test of Criminal Responsibilityp. 116
The Case of John Hinckley: Public Outcry Spurring Insanity Defense Reformp. 120
Civil Commitment and Dangerousnessp. 127
Featured Cases
The Case of O'Connor v. Donaldson (1975): The Criteria for Involuntary Commitmentp. 131
The Case of Foucha v. Louisiana (1992): Dangerousness and Mental Illness as Criteria for Indefinite Commitmentp. 139
Hypnosis and the Polygraphp. 143
Featured Cases
The Case of the Hillside Strangler: The Veracity of Hypnosis in a Forensic Settingp. 147
The Case of Rock v. Arkansas (1987): U.S. Supreme Court Acknowledgment of Hurd Criteriap. 151
The Case of U.S. v. Scheffer (1998): Polygraph Admissibility in the Wake of Frye and Daubertp. 157
Civil Rights and Civil Lawp. 161
Sexual Orientation and Civil Rightsp. 163
Featured Cases
The Case of Kentucky v. Wasson (1992): State Extension of Privacy and Equal Protection Rights in the Absence of Federal Protectionp. 166
The Case of DeLong v. DeLong (1998): Maintaining the "Best Interests of the Child"p. 171
Personal Injury: Court Proceedings and Assessment of Psychological Damagesp. 178
Featured Cases
The Case of Dillon v. Legg (1968): Redefining the "Zone of Danger" for Emotional Damagesp. 182
The Case of Molzof v. U.S. (1992): Collecting Damages for "Lost Pleasure of Life"p. 185
The Case of BMW v. Gore (1996): Guidelines for Calculating Punitive Damagesp. 188
Prisoners' Rights to Medical and Mental Health Treatmentp. 191
Featured Cases
The Case of Vitek v. Jones (1980): Due Process and Civil Commitment of Prisonersp. 193
The Case of Washington v. Harper (1990): Due Process and Involuntary Medication of Prisonersp. 195
The Case of Riggins v. Nevada (1992): Forced Medication to Achieve Competencyp. 198
Specific Mental Diagnoses in the Lawp. 205
Alcohol and Drug Abuse and Dependencep. 207
Featured Cases
The Case of Robinson v. California (1962): Is Being Addicted a Crime?p. 209
The Case of Montana v. Egelhoff (1996): Voluntary Intoxication and Criminal Intentp. 213
Mental Retardationp. 219
Featured Cases
The Case of Pennhurst State School and Hospital: The Slow Start on the Path to Civil Rights and Remediesp. 221
Halderman v. Pennhurstp. 222
The Case of Youngberg v. Romeo (1982): A Constitutional Right to Treatment and Servicesp. 224
The Case of Atkins v. Virginia (2002): Execution of Offenders with Mental Retardationp. 227
Psychopathy and Antisocial Personality Disorderp. 234
Featured Case
The Case of John Wayne Gacy: An Illustration of Psychopathy in a Serial Murdererp. 238
Violent Criminals and Violent Crimep. 251
Criminal Psychological Profilingp. 253
Featured Cases
The Case of the Mad Bomberp. 253
The Case of Pennell v. State of Delaware (1991): Profile "Fit" Establishes Probable Cause to Investigatep. 260
The Death Penaltyp. 269
Featured Cases
The Case of Furman v. Georgia (1972): Procedural Technicalities and Death Penalty Constitutionalityp. 271
The Case of Gregg v. Georgia (1976): The Importance of Aggravating Circumstancesp. 273
The Case of Wainwright v. Witt (1985): Striking Jurors for Death Qualificationp. 277
Sex Offenders: Community Notification and Predator Commitmentp. 285
Featured Cases
The Case of New Jersey v. Timmendequas (1999): Spurring Community Notification Legislationp. 287
The Case of Kansas v. Hendricks (1997): The Constitutionality of Sexual Predator Lawsp. 293
Juveniles in the Legal Systemp. 299
Juvenile Law and School Lawp. 301
Featured Case
The Case of Brown v. Board of Education (1954): The Inequality of "Separate but Equal"p. 307
Capital Punishment of Juvenilesp. 319
Featured Cases
The Case of Thompson v. Oklahoma (1998): A Minimum Age for Capital Punishmentp. 320
The 1989 Cases of Stanford v. Kentucky and Wilkins v. Missouri: Capital Sentencing of 16- and 17-Year-Oldsp. 324
The Case of Roper v. Simmons (2005): Abolishing the Juvenile Death Penaltyp. 329
Child Abusep. 334
Featured Cases
The Case of Landeros v. Flood (1976): Mandated Reporting of Suspected Child Abusep. 336
The Case of DeShaney v. Winnebago County (1989): A Duty to Protect?p. 338
The Case of State v. Huss (1993): Child Testimony and Suggestibilityp. 342
Child Custodyp. 349
Featured Cases
The Case of Painter v. Bannister (1966a, 1966b): Establishing the Concept of "Psychological Parent"p. 351
The Case of Santosky v. Kramer (1982): Standard of Proof for Terminating Parental Rightsp. 357
Referencesp. 363
Indexp. 381
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781593852214
ISBN-10: 1593852215
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 394
Published: 15th December 2005
Publisher: Guilford Publications
Country of Publication: US
Dimensions (cm): 22.9 x 15.2  x 3.81
Weight (kg): 0.69