Forensic Assessments in Criminal and Civil Law: A Handbook for Lawyers

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zapfbook.jpg” alt=”Forensic Assessments in Criminal and Civil Law; A Handbook for Lawyers” width=”225″ height=”225″ />A new book recently published by Oxford University Press, Forensic Assessments in Criminal and Civil Law: A Handbook for Lawyers, is a great resource for lawyers, judges, and other legal scholars and professionals who work with forensic evaluations. This edited volume brings together top scholars and experts in various areas of forensic mental health assessment to provide useful and relevant information to legal professionals about these evaluations, in both a criminal and civil context.

The Handbook is based on the Oxford Series, Best Practices in Forensic Mental Health Assessment, which is a 20-volume series that provides cutting-edge information on each area of forensic mental health assessment. The authors of each of the volume in this 20-book series have authored a chapter in the Handbook that specifically targets legal professionals and the types of information most relevant to them in working with forensic mental health assessments. This volume is a must-have for any legal professional working with forensic assessments.

Forensic Assessments in Criminal and Civil Law: A Handbook for Lawyers

While the vast majority of criminal and civil lawyers must at some time come into contact with a forensic mental health evaluation, either when requested by their side or by opposing counsel, most do not know enough about the practice to be informed consumers. Forensic assessments can vary widely based on the assessor’s personal preferences, and while there are clearly defined “best practices” for most evaluations, there is no official process by which legal professionals can guarantee these practices are being followed.

Designed to meet the specific needs of lawyers, Forensic Assessments in Criminal and Civil Law: A Handbook for Lawyers provides insight into what to expect from forensic mental health evaluations and how to navigate these assessments with skill and competence. The volume is divided into sections by evaluation type: criminal, civil, and juvenile and family evaluations. Each chapter addresses one of the most commonly requested forensic evaluations and is written by a forensic psychologist with both academic and professional experience with that type of evaluation. Specific evaluation types discussed include competence to stand trial in adults and juveniles, criminal responsibility, violence risk in adults, jury selection, eyewitness identification, personal injury claims, civil commitment, workplace disability, child custody, juveniles’ risks and needs, and more. This handbook is a comprehensive, one-stop resource for lawyers, judges, and other legal professionals seeking to further their knowledge of forensic assessments.

Reviews

“This book should be on the shelf of every lawyer who has ever consulted with or cross-examined a forensic witness. It is clear, comprehensive, and creative, bringing together the very best in their fields to share precisely what lawyers must know. I could not recommend it more highly.”

– Prof. Michael L. Perlin, Director, International Mental Disability Law Reform Project and Director, Online Mental Disability Law Program, New York Law School

“Ronald Roesch and Patricia Zapf have produced a unique volume that is at the same time legally authoritative, scientifically rigorous, and clinically incisive. Forensic Assessments in Criminal and Civil Law should be within arm’s reach of every member of the bench and the bar who deals with mental health evaluations.”

– John Monahan, Shannon Distinguished Professor of Law, Psychology, and Psychiatry, The University of Virginia

“This book provides lawyers and judges with a concise look at the law and practice of behavioral science evaluations for the courts, from the mental health professional’s perspective. The authors assembled for this book represent the cream of the crop. Any lawyer considering using a psychiatrist, psychologist, or social worker as an expert witness should consult this volume.”

– Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School

About the Author(s)

Ronald Roesch is Professor of Psychology and Director of the Mental Health, Law, and Policy Institute at Simon Fraser University. Dr. Roesch is a Fellow of the American Psychological Association and is on the Board of Directors of the International Association of Forensic Mental Health Services. He has served as Editor of Law and Human Behavior and Psychology, Public Policy, and Law. He is a Past-President of the American Psychology-Law Society and was the recipient of the Society’s Distinguished Contribution to Psychology and Law Award.

Patricia A. Zapf is Associate Professor of Psychology at John Jay College of Criminal Justice, The City University of New York. Dr. Zapf is the editor of the American Psychology-Law Society Book Series and Associate Editor of Law and Human Behavior. She is also a Fellow of the American Psychological Association, an Advisory Board Member for the International Association of Forensic Mental Health Services, and an Editorial Board Member for Psychology, Public Policy, and Law and International Journal of Forensic Mental Health.

Table of Contents

Chapter 1: Foundations of Forensic Mental Health Assessment by Kirk Heilbrun, Thomas Grisso, Alan M. Goldstein, and Casey LaDuke

Part 1: Criminal

Chapter 2: Evaluation of Competence to Stand Trial in Adults by Patricia A. Zapf and Ronald Roesch
Chapter 3: Evaluation of Criminal Responsibility by Ira K. Packer
Chapter 4: Evaluation of Capacity to Waive Miranda Rights by Alan M. Goldstein, Naomi E. Sevin Goldstein, and Heather Zelle
Chapter 5: Evaluation of Sex Offenders by Philip H. Witt and Mary Alice Conroy
Chapter 6: Evaluation of Violence Risk in Adults by Kirk Heilbrun, Stephanie Brooks Holliday, and Christopher King
Chapter 7: Evaluation for Jury Selection by Margaret Bull Kovera and Brian L. Cutler
Chapter 8: Evaluation for Capital Sentencing by Mark D. Cunningham
Chapter 9: Evaluation for Eyewitness Identification by Brian Cutler and Margaret Bull Kovera

Part 2: Civil

Chapter 10: Evaluation for Guardianship by Eric Y. Drogin and Curtis L. Barrett
Chapter 11: Evaluation for Personal Injury Claims by Andrew W. Kane, Erin M. Nelson, Joel A. Dvoskin, and Steven E. Pitt
Chapter 12: Evaluation for Civil Commitment by Douglas Mossman and Debra A. Pinals
Chapter 13: Evaluation for Harassment and Discrimination Claims by William Foote and Jane Goodman-Delahunty
Chapter 14: Evaluation of Workplace Disability by Lisa Drago Piechowski

Part 3: Juvenile and Family

Chapter 15: Evaluation for Child Custody by Geri Fuhrmann and Robert A. Zibbell
Chapter 16: Evaluation of Competence to Stand Trial in Juveniles by Ivan Kruh and Thomas Grisso
Chapter 17: Evaluation of Juveniles’ Risks and Needs by Robert D. Hoge
Chapter 18: Evaluation for Disposition and Transfer of Juvenile Offenders by Randall T. Salekin, Kimberly M. Price, Kathryn E. Tant, Elizabeth W. Adams, Xinying Ang, and Jill Rosenbaum
Chapter 19: Evaluation of Parenting Capacity in Child Protection Matters by Jennifer R. Clark, Mary Connell, and Karen S. Budd

Special Opportunity for Training in Sex Offender Risk Assessment

Risk for Sexual Violence ProtocolA new online training program offers a unique opportunity for forensic psychologists and other mental health professionals to receive complete training in the administration of the RSVP (Risk for Sexual Violence Protocol) as well as the opportunity to complete 6 test cases to achieve maximal inter-rater reliability in scoring this protocol.

Dr. Stephen D. Hart, an internationally renowned expert in violence risk, has developed the online training program in conjunction with CONCEPT (Consolidated Continuing Education and Professional Training).

The RSVP is a set of structured professional judgment guidelines published by the Mental Health, Law, and Policy Institute at Simon Fraser University and designed to facilitate comprehensive, treatment-oriented sexual risk assessments.

Online Training

The online training has two components. The first component is didactic. It involves a review of fundamental issues in the structured professional judgment approach to risk assessment and the administration of the RSVP. Dr. Hart presents information in a series of 4 videos and through a review of the RSVP Manual. The second component is practical and involves administration of the RSVP for 6 cases. Individualized feedback is provided for each completed case.

Continuing Education Credits Available

The training requires about 25 hours to complete: 5-7 hours for the first component (Part 1 on CONCEPT website), and approximately 18 hours (~ 3 hours per case) for the second component (Part 2 on CONCEPT website). Those who complete the training receive a certificate of competence as well as 25 hours of Continuing Education credits. CONCEPT is approved by the American Psychological Association (APA), the Canadian Psychological Association (CPA) to sponsor continuing education for psychologists, and approved by the Canadian Association of Threat Assessment Professionals (CATAP) to sponsor Continuing education for its members. Continuing Education credits granted by CONCEPT may also be recognized by other organizations.

Prerequisites

Those who wish to complete the training should have some specialized training or experience in either sex offender risk assessment or in the use of structured professional judgment guidelines for violence risk assessment (and preferably in both).* The training is available only in English.

The cost of the training is USD $500. For further details about this special training opportunity, please visit the CONCEPT website.

 

Structured Professional Judgment in Sexual Offender Risk Assessment

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Dr. Doug Boer

The New Jersey Psychological Association is presenting an all-day Specialized Training on Structured Professional Judgment in Sexual Offender Risk Assessment by Doug Boer, PhD on Saturday October 20, 2012 from 9:00 am – 11:00 am and 1:30 pm – 3:30 pm at the Woodbridge Renaissance Hotel in Iselin, New Jersey, USA.

Program Description

Sexual offender risk assessment can be divided into two markedly different schools of thought and practice: the actuarial approach and structured professional judgement (SPJ). Actuarial tests, like life insurance tables, look at group data and provide a group-based risk estimate on shared historical commonalities with groups of recidivists. SPJ instruments, like the SVR-20, provide the clinician structure to their clinical and forensic risk assessment that dovetails meaningfully into risk management for treatment and supervision. This workshop will teach the use of the SVR-20, a structured clinical checklist designed for the risk assessment of sexual violence in sex offenders, and discuss the SVR-20 2nd edition. A new SPJ risk assessment tool, The Assessment of Risk and Manageability of Intellectually Disabled IndividuaLs who Offend – Sexually (ARMIDILO-S) will also be presented as the ID population requires unique considerations for risk management and intervention.

Presenter Bio

Dr. Boer is a world-leading expert in forensic psychology and correctional systems. He is the Vice President of the International Association for the Treatment of Sexual Offenders (IATSO) and Senior Editor of the well-received International Perspectives on the Assessment and Treatment of Sexual Offenders published by Wiley-Blackwell in 2011. He began working at the University of Waikato in January of 2006. Prior to 2006, he worked for the Correctional Service of Canada for 15 years in a variety of contexts. Amongst his numerous contributions, Dr. Boer co-authored the Sexual Violence Risk-20 (SVR-20) and the Assessment of Risk and Manageability of Intellectually Disabled Individuals who Offend – Sexually (ARMIDILO-S). These are two psychosexual risk assessment tools implementing a structured professional judgement method. Dr. Boer is the New Zealand editor of the journal Sexual Abuse: Australia, New Zealand and is on several other editorial boards, including the IATSO e-journal Sex Offender Treatment, The Journal of
Aggression, Conflict and Peace Research, and the British Journal of Forensic Practice amongst others. Dr. Boer is also a Research Associate of the Institute of Sex Research and Forensic Psychiatry at the University Medical Center Hamburg-Eppendorf, Germany, a Clinical Advisor to the KAOS programme at the Hospital Brøset, Trondheim, Norway, and a Visiting Professor in the Department of Psychiatry of the University of São Paulo, Brazil.

For more information or to register, please download the program brochure .

Violence Risk Assessment and Management for Post-Secondary Institutions – Concordia

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alt=”" width=”175″ height=”60″ />Violence in post-secondary institutions is a serious problem that has gained a great deal of attention over the last decade, partly as a consequence of tragic cases involving students, staff, faculty, and community members. Post-secondary institutions have made significant advances during this time to understand the nature of this problem and to establish teams to address this problem.

Randall Kropp and Kelly Watt, both internationally recognized threat assessment experts, will be hosting a 5-day workshop on violence risk assessment and management in conjunction with Concordia University College of Alberta in Edmonton, Alberta, Canada this coming June 18-22, 2012.

This workshop will provide an opportunity to learn new skills and build on existing skills in assessing and managing risk for violence in post-secondary institutions. Not only will participants learn about general principles underlying violence risk assessment and management, but also about best practices supported by researchers and practitioners around the world.

Why Attend?

Develop confidence and skills

Build your confidence when making decisions about cases that involve violence risk and develop you skills when communicating and collaborating with others about these cases.

Implement best practices

Learn about best practices in screening, assessing, and managing violence risk that will help you to prevent future harm and protect you from potential liability.

Network with others

Strengthen your relationships with other professionals with a shared interest in and responsibility for protecting public safety and preventing future harm within post-secondary institutions.

Who Should Attend?

This workshop is relevant for professionals within and outside of post-secondary institutions interested in assessing and managing violence risk including administration, human resources, faculty relations, resident life, legal, security, criminal justice, health care, and social services.

This workshop will be an excellent complement to other training offered in this area. Not only will it reinforce your knowledge in this area, but it will also provide you with the skills required to effectively and systematically assess and manage risk for violence.

Workshop Instructors

Dr. Randall Kropp and Dr. Kelly Watt are internationally recognized experts, prolific authors, and engaging presenters. Both are passionate about providing evidence-based understanding, knowledge and skills about violence risk assessment and management that professionals can apply in practice.

Dr. Randall Kropp

Dr. Randall Kropp works as a Threat Assessment Specialist at ProActive ReSolutions Inc. and as a clinical and forensic psychologist with the Forensic Psychiatric Services Commission. Dr. Kropp is an Adjunct Professor of Psychology and a member of the Mental Health, Law, and Policy Institute at Simon Fraser University. He specializes in the assessment and management of violent offenders.

Dr. Kelly Watt

Dr. Kelly Watt works as a Threat Assessment Specialist at ProActive ReSolutions Inc., and is a member of the Mental Health, Law, and Policy Institute at Simon Fraser University in Canada. Dr. Watt’s work focuses on conducting assessments, proving training, and developing strategies for workplaces related to preventing, assessing, and managing workplace violence. Dr. Watt is the author of over 70 articles, chapters, reports, and presentations and has conducted numerous workshops around the world related to violence risk assessment and management.

Workshop Overview

DAY 1 General Principles of Violence Risk Assessment and Management

  • Discuss general risk assessment and management principles
  • Apply general risk assessment and management principles to post-secondary Institutions
  • Learn essential knowledge and skills to conduct violence risk assessments and develop management plans

DAY 2 Assessing and Managing Risk for Intimate Partner Violence

  • Review the nature and causes of general violence
  • Discuss risk assessment and management procedures
  • Learn to administer the Historical-Clinical-Risk Management-20 (HCR-20)

DAY 3 Assessing and Managing Risk for Intimate Partner Violence

  • Review the literature on intimate partner violence
  • Discuss risk assessment and management procedures
  • Learn to administer Spousal Assault Risk Assessment Guide (SARA)

DAY 4 Assessing and Managing Risk for Stalking

  • Review the literature on stalking
  • Discuss risk assessment and management procedures
  • Learn to administer Guidelines for Stalking Assessment and Management (SAM)

DAY 5 Implementation of Violence Risk Assessment and Management Procedures

  • Learn about screening for violence risk

  • Discuss purpose, format, and content of written reports
  • Discuss issues related to establishing Threat Assessment Teams

Registration Details

Venue: Room HA017, Concordia University College of Alberta, 7128 Ada Blvd., Edmonton, AB T5B 4E4 Canada

Cost: $1250 (CAD) + HST per participant (until May 18); $1500 (CAD) + HST per participant (after May 18); $625 (CAD) + HST for graduate students in professional training programs. Groups who register five or more participants will receive free admission for every fifth person. Cost includes all materials (HCR-20, SARA, SAM manuals and worksheets). Light refreshments provided.

CE Credits: 30 (Note: Please click here for details on obtaining Continuing Education credits for this workshop)

 

New Website Launched as Culmination of Large National Project on Mental Competency

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mentalcompetency.jpg” alt=”" width=”223″ height=”92″ />The National Judicial College recently launched a new website (www.mentalcompetency.org) that provides information and resources on a best practices model for handling mental competence issues in the criminal justice and mental health systems. The website was launched as the culmination of a large project wherein a panel of experts worked to determine what the best practices were in this area.

Mental Competency – Best Practices Model

The Best Practices Model includes information on the best practices for all aspects of mental competence in the criminal justice and mental health systems, including: the initial competency hearing and order for evaluation; competency evaluation; competency report; competency treatment plan; hearing for determination of competency; competency restoration; post-restoration competency evaluation; maintaining competency and preventing decompensation; competency restoration hearing; plea hearings or trial; discharge or civil commitment hearing; competency court or docket; education; and statewide, regional, and/or jurisdictional and court collaboration. A thorough review of each of these areas is presented and the best practices for each area are delineated.

The full Best Practices Model can be accessed here.

Panel of Experts

A panel of 29 experts from across the United States worked together to determine these best practices. The panel consisted of experts from numerous disciplines and included: psychologists, psychiatrists, lawyers, judges, chiefs of police, court administrators, and other experts involved in the criminal justice and mental health systems.

The full panel of experts can be seen here.

Resources

A vast compilation of resources to assist those who work in various aspects of the criminal justice and mental health systems with individuals whose mental competency is at issue is available on the website. The resources include references to articles and books, court cases, forms, guides and standards, studies, and videos. Later this year the National Judicial College will also begin a series of webinars to assist professionals working in this area.

The resources can be accessed here.

Ongoing Assistance from the National Judicial College

The National Judicial College, through a grant from the Department of Justice, Bureau of Justice Assistance, is available to provide technical assistance to states, courts, or jurisdictions wishing to implement the best practices model or aspects of the model.

Requests for assistance can be made here.

 

 

Coping with Psychiatric and Psychological Testimony

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ng1.jpg” alt=”" width=”188″ height=”268″ />A recently published book (Oxford University Press) in the National Academy of Neuropsychology Series on Evidence-Based Practices provides a great resource for scholars, researchers, and practitioners involved in the study of or the evaluation of civil capacities. This article provides a summary of the contents of the book and some brief comments about the book.

Coping with Psychiatric and Psychological Testimony

This highly effective guide is designed to help attorneys differentiate expert testimony that is scientifically well-established from authoritative pronouncements that are mainly speculative. Building on the foundation of Jay Ziskin’s classic work, this updated text blends the best of previous editions with discussion of positive scientific advances in the field to provide practical guidance for experts and lawyers alike. Major contributors in the field summarize the state of the literature in numerous key areas of the behavioral sciences and law. Working from these foundations, the text provides extensive guidance, tips, and strategies for improving the quality of legal evaluations and testimony, appraising the trustworthiness of experts’ opinions, and as follows, bolstering or challenging conclusions in a compelling manner. Distinctive features of this text include detailed coverage of admissibility and Daubert challenges, with unique chapters written by an eminently qualified judge and attorney; hundreds of helpful suggestions covering such topics as forensic evaluations, discovery, and the conduct of depositions and cross-examinations; and two chapters on the use of visuals to enhance communication and persuasiveness, including a unique chapter with over 125 model visuals for cases in psychology and law. More than ever, the sixth edition is an invaluable teaching tool and resource, making it a ‘must have’ for mental health professionals and attorneys.

Chapter Outline

Part I: Introduction

Part II: Determining the Scientific Merits of Expert Evidence: Daubert and other Factors

Part III: The Scientific Status of Psychology and Psychiatry: Core Topics

Part IV: The Scientific Status of Methods used for Assessing Psychological Status and Functioning

Part V: Section A: Scientific Status of Psychology and Psychiatry: Specialty Topics

Part V: Section B: Children and Related Issues

Part VI: Practical Applications

Author Information

This comprehensive text was edited by David Faust, PhD, a Professor of Psychology at the University of Rhode Island, with an affiliate appointment in the Department of Psychiatry and Human Behavior at Brown University. Numerous other contributors authored the various chapters in this text, each an expert in the relevant content area for the chapter.

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