If the legal decision maker does not consider the evidence seriously because of how it is presented, it does not matter very much how substantively strong it might be. As noted previously, the Static-99 and Static-2002 have been revised to incorporate the impact of aging on risk, resulting in the inclusion of new age weights and the publication of the Static-99R and Static-2002R Helmus et al. The principle was considered to be established. Fear and excessive self-conscientiousness are the natural enemies of good testimony. Interpreting numerical risk estimates properly can also be a challenge when base rates for the behavior in question are unknown or are not taken into consideration. The importance of appropriate training Guideline 2; Gold, 2004 and specific training in relevant ethical and legal domains 5; Shuman, 2004 underscores one necessary step in any kind of specialization—the forensic clinician must know enough about the law and about forensic ethics to function effectively in this specialized context.
Assessment of dynamic risk factors: An independent validation of the Violence Risk Scale: Sex offender Version. Forensic assessment instruments Grisso, 1986, 2003 are tools that have been developed specifically for use in litigation. Keep your ethical priorities in order. Coverage encompasses the psychometric properties of each measure, its recommended applications, and administration and scoring procedures, including an illustrative case example. These guidelines appeared partly in response to a wave of criticism regarding the practices of clinicians performing evaluations in child custody cases e. By adhering to ethical requirements related to confidentiality, informed Relevant Sources of Authority 65 consent, release of records, and the requirement that mental health professionals be aware of biases that might affect their expert opinions, professionals engage in practice that respects the rights of litigants while providing better information to courts. The remaining 19 volumes will be devoted to more specific topics: competence to stand trial, criminal responsibility, capacities to confess, sexually violent predators, risk of violence in adults, jury selection, capital sentencing, eyewitness identification, capacity to consent to treatment, guardianship and conservatorship, personal injury claims, civil commitment, employee discrimination and harassment, occupational disability, child custody, juvenile competence to stand trial, risk of violence in juveniles, child protection, and juvenile commitment and transfer.
Requests for forensic evaluations about youths' risk of violence are on the rise. As a result, assessors must be aware of the underlying constructs represented by the risk assessment s they employ. Do not, with some exceptions, serve as expert witness for your own patients. Washington, 2004 in which it was held that the government could not introduce statements of a testimonial nature made by an unavailable witness, the New York court indicated that unless the corroborative informant is available to testify and be cross-examined , experts cannot testify to such third party statements. Dvoskin 26 Response Style Case 1 Principle: Use testing when indicated in assessing response style case contributed by Ashley Kirk Burgett and Richard Frederick Teaching Point: Assessing malingering of cognitive deficits using testing contributed by Richard Frederick and Ashley Kirk Burgett Case 2 Principle: Use third party information in assessing response style case contributed by Phillip J. Sexual Abuse: A Journal of Research and Treatment, 25 4 , 396—422. It precludes the evaluation of individuals not represented by counsel when the evaluation is not court-ordered and the individual is charged with, under investigation for, or being interrogated concerning criminal acts.
Sexual Abuse: A Journal of Research and Treatment, 24 1 , 29—45. In the normal and inevitable moments of feeling pulled toward evasiveness, concentrate carefully, and answer the difficult question 1999. The accurate assessment of risk involves gaining an understanding of all available, relevant factors associated with the known criterion or outcome behavior. One dynamic risk factor that has received considerable attention in this context is the offender's age at the time of assessment. The emergent emphasis within risk assessment on more positive and healthy aspects of individuals is also reflected in the literature concerning desistence from crime. Litigation involves individuals who have allegedly behaved in ways that can elicit a range of emotions from the forensic clinician, including shock, sadness, and anger.
Applying the concept of psychopathy to youthful offenders has great potential; however, its application to adolescence is fraught with uncertainty. How can they be recognized? A helpful description of the strategy for selecting an interviewee has been provided Kraemer et al. Age and the explanation of crime. The evolution of the community mental health movement of the 1950s provided further avenues for the involvement of psychologists in clinical evaluation and treatment. Distinguished Career Award and the 2006 American Psychological Association Award for Distinguished Contributions to Research in Public Policy. Rather, efforts should be made to convey findings and the data they are based on in language that consumers of the report and testimony can understand.
Those who are in training to specialize in forensic mental health assessment whether in formal training or in the process of respecialization should find the broadly applicable considerations presented in this book with the more specific aspects of other books in the series to be a useful combination. Although ethics codes have no legal authority, violations of such ethical standards can result in referrals to state ethics committees or boards of psychology. This strategy for classifying forensic assessments encounters difficulties, however, when considering assessments related to juvenile and family court proceedings. Goldstein March 2008 vii This page intentionally left blank Acknowledgments This book, and the series of volumes that it introduces, have been a collaboration in every sense of the word. Based on current knowledge, using science-based, actuarial methods to assess sex offender risk is advisable.
Principles of Forensic Mental Health Assessment 93 Table 4. It would probably be classified as established today. Law, ethics, science, and professional practice constitute the broad domains into which these sources fall. Despite the signing of a detailed Informed Consent form, many persons do not realize the nature of the evaluative situation or fully invoke their rights in such evaluations. A systematic review on the effectiveness of sex offender risk assessment tools in predicting sexual recidivism of adult male sex offenders. Limited preview of this chapter available via Google Books.
Although currently there is a large body of research on the characteristics and treatment of sex offenders, very little research has been conducted to investigate the characteristics of sex offenders who have been adjudicated insane. Each title contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report and testifying in court. Gain control of fluency on the witness stand by speaking slowly, stressing syllables, easing into your breath pattern, and varying the loudness of your speech 1991. And third, assessments that focus only on deficits and pathology lead to the stigmatization of those assessed de Vries Robbe et al. Each of these 19 books will be written using a particular template. Successful candidates must also pass an examination covering areas including the legal regulation of psychiatry, criminal law, civil law, methodology, risk assessment, diagnosis and treatment, and forensic psychiatry practice.
Adjudication by the licensing board can result in suspension or loss of license under applicable administrative law. Ultimate issue testimony should be approached with caution and considered a rare event that is dependent on the situation 1999. His ideas aroused widespread attention in the United States. The Static-99R: Are there really differences between the normative groups? There was a negative association between psychopathy scores and hemodynamic activity for viewing drug-related cues in the anterior cingulate, posterior cingulate, hippocampus, amygdala, caudate, globus pallidus, and parts of the prefrontal cortex. Many who would eventually play leading roles—for example, Paul Lipsitt and Stanley Brodsky—were just beginning their careers. The first general textbooks in forensic psychiatry and psychology appeared in the 1980s. Flagrantly offensive language never has to be met passively.
No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. The chapters offer evidence-based practice recommendations and an overview of issues specific to evaluations for social security, worker's compensation, and other disability benefit programs. Most referral questions leading to forensic assessments are quite different from the referral questions encountered in general clinical practice. An evaluator questioning her own impartiality prior to accepting a referral might use the following test. Ensure that conditions for evaluation are quiet, private, and distraction-free. You can change your cookie settings at any time. As such, it will lay out the standards of best practices and how they plan to define and derive them throughout the rest of the titles in the series.