Preface ; About the Editors ; Contributors ; 1 Introduction and Overview ; 2 Miranda Waiver Capacity ; Case 1 ; Principle: Use nomothetic evidence in assessing clinical condition, functional abilities, and causal connection ; case contributed by I. Bruce Frumkin ; Teaching Point: What is the value of specialized forensic assessment instruments in forensic mental health assessment ; contributed by I. Bruce Frumkin ; Case 2 ; Principle: Use case-specific (idiographic) evidence in assessing clinical condition, functional abilities, and causal connection ; case contributed by Alan M. Goldstein ; Teaching Point: What are the limits of specialized Forensic Assessment Instruments? ; contributed by Alan M. Goldstein ; 3 Competence to Stand Trial ; Case 1 ; Principle: Use testing when indicated in assessing response style ; case contributed by Richard Rogers ; Teaching Point: Integrating different sources of response style data ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Select the most appropriate model to guide in data gathering, interpretation, and communication ; case contributed by Patricia A. Zapf ; Teaching Point: How can you use a model to structure the way you write the report? ; contributed by Patricia A. Zapf ; Case 3 ; Principle: Attribute information to sources ; case contributed by Samuel Hawes and Mary Alice Conroy ; Teaching Point: Separating and integrating data from different sources through source attribution in analyzing, reasoning about, and communicating FMHA results ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 4 Criminal Responsibility ; Case 1 ; Principle: Be familiar with the relevant legal, ethical, scientific, and practice literatures pertaining to FMHA ; case contributed by Robert M. Wettstein ; Teaching Point: Sources of particularly relevant information from the literature ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Attribute information to sources ; case contributed by Kathleen Kemp and Daniel Murrie ; Teaching Point: Line-by-line versus paragraph-level attribution ; contributed by Daniel Murrie ; Case 3 ; Principle: Decline the referral when evaluator impartiality is unlikely ; case contributed by Ira K. Packer ; Teaching Point: Remaining impartial in high visibility cases ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 5 Sexual Offending Risk Evaluation ; Case 1 ; Principle: Provide appropriate notification of purpose and obtain appropriate authorization before beginning ; case contributed by Philip H. Witt ; Teaching Point: Obtaining informed consent in Sexually Violent Predator cases ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 6 Federal Sentencing ; Case 1 ; Principle: Describe findings so that they need change little under cross-examination ; case contributed by Kirk Heilbrun and Stephanie Brooks Holliday ; Teaching Point: Communicating findings to accurately reflect their strength and the evaluator's confidence in them ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Use scientific reasoning in assessing the causal connection between clinical condition and functional abilities ; case contributed by David DeMatteo ; Teaching Point: Risk-assessment in sentencing ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 7 Capital Sentencing ; Case 1 ; Principle: Use multiple sources of information for each area being assessed. Review the available background information and actively seek important missing elements ; case contributed by Kirk Heilbrun and Jacey Erickson ; Teaching Point: How much is enough? Diminishing returns from information sources ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Obtain relevant historical information ; case contributed by Mark Cunningham ; Teaching Point: Evaluating the accuracy of different sources of third-party information ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 8 Capital Sentencing, Atkins-type Evaluations ; Case 1 ; Principle: Accept referrals only within area of expertise ; case contributed by J. Gregory Olley ; Teaching Point: Gauging the training and experience in forensic and mental health areas needed for this kind of evaluation ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Use relevance and reliability (validity) as guides for seeking information and selecting data sources ; case contributed by Karen L. Salekin ; Teaching Point: Selecting tools for use in FMHA ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 9 Competence for Execution ; Case 1 ; Principle: Identify relevant forensic issues ; case contributed by Patricia A. Zapf ; Teaching Point: Identify assessment targets when legal standards are broad or non-specific ; contributed by Patricia A. Zapf ; 10 Capacity to Consent to Treatment ; Case 1 ; Principle: Use third party information in assessing response style ; case contributed by David DeMatteo ; Teaching Point: Balancing results from interview, testing, and third party sources as they relate to response style ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Teaching Point: Communicating complex scientific material to legal professionals and lay audiences ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 11 Testamentary Capacity ; Case 1 ; Principle: Determine whether the individual understands the purpose of the evaluation and associated limits on confidentiality ; case contributed by Eric Drogin ; Teaching Point: Advantages of written versus spoken notification in determining whether the notification is understood ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 12 Personal Injury ; Case 1 ; Principle: Carefully consider whether to answer the ultimate legal question. If answered, it should be in the context of a thorough evaluation clearly describing data and reasoning, and with the clear recognition that this question is in the domain of the legal decision maker ; case contributed by Bill Foote ; Teaching Point: Answering the ultimate legal question directly ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Decline the referral when evaluator impartiality is unlikely ; case contributed by Alan M. Goldstein ; Teaching Point: Declining the case when impartiality would be too difficult ; contributed by Alan M. Goldstein ; 13 Civil Commitment ; Case 1 ; Principle: Use relevance and reliability (validity) as guides for seeking information and selecting data sources ; case contributed by Tadeus Edward Kowalski and Douglas Mossman ; Teaching Point: The strengths and weaknesses of classification systems ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 14 Harassment and Discrimination ; Case 1 ; Principle: Do not become adversarial, but present and defend your opinions effectively ; Principle: Write report in sections, according to model and procedures ; case contributed by Bill Foote ; Teaching Point: Communicating firmly but fairly ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Teaching Point: The value of sequential communication of FMHA results ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 15 Workplace Disability ; Case 1 ; Principle: Assess legally relevant behavior ; case contributed by Lisa Drago Piechowski ; Teaching Point: The relationship between symptoms and disability in capacity to work ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Assess clinical characteristics in relevant, reliable, and valid ways ; case contributed by Robert L. Sadoff ; Teaching Point: Useful approaches to assessing clinical characteristics in FMHA ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 16 Guardianship ; Case 1 ; Principle: Be aware of the important differences between clinical and forensic domains ; Principle: Be familiar with the relevant legal, ethical, scientific, and practice literatures pertaining to FMHA ; case contributed by Randy K. Otto ; Teaching Point: Guardianship and the revised Specialty Guidelines for Forensic Psychology ; contributed by Randy K. Otto ; 17 Child Custody ; Case 1 ; Principle: Determine the particular role to be played if the referral is accepted ; case contributed by Marsha Hedrick ; Teaching Point: Can one ever play more than one role in a single FMHA case? ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Use multiple sources of information for each area being assessed ; case contributed by Jonathan W. Gould ; Teaching Point: The role of the forensic clinician in collecting third party information ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 18 Child Protection ; Case 1 ; Principle: Assess legally relevant behavior ; case contributed by Jennifer Clark and Karen Budd ; Teaching Point: Identifying forensic capacities when the legal standard is vague or unelaborated ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Be guided by honesty and striving for impartiality, actively disclosing the limitations on as well as the support for one's opinions ; case contributed by Kathryn Kuehnle and H. D. Kirkpatrick ; Teaching Point: Specific strategies for promoting impartiality in a particular evaluation ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Teaching Point: Mental health professionals' role in assisting the court in determining the veracity of allegations of child sexual abuse ; contributed by Kathryn Kuehnle and H. D. Kirkpatrick ; 19 Juvenile Miranda Waiver Capacity ; Case 1 ; Principle: Use nomothetic evidence in assessing causal connection between clinical condition and functional abilities ; case contributed by I. Bruce Frumkin ; Teaching Point: Applying group-based evidence supporting a specialized forensic assessment measure in a single case ; contributed by I. Bruce Frumkin ; Case 2 ; Principle: Do not become adversarial, but present and defend your opinions effectively ; case contributed by Kirk Heilbrun and Megan Murphy ; Teaching Point: Whether and how to criticize material from the records ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 20 Juvenile Competence to Stand Trial ; Case 1 ; Principle: Use relevance and reliability (validity) as guides for seeking information and selecting data sources ; case contributed by David DeMatteo ; Teaching Point: Selecting a specialized measure on juvenile CST ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Ensure that conditions for evaluation are quiet, private, and distraction-free ; case contributed by Janet I. Warren ; Teaching Point: Identifying and implementing strategies for improving inadequate conditions ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 21 Juvenile Commitment ; Case 1 ; Principle: Accept referrals only within area of expertise ; case contributed by David DeMatteo and Heidi Strohmaier ; Teaching Point: What training and experience in forensic, developmental, and mental health areas are needed for juvenile forensic expertise? ; contributed by Dewey G. Cornell ; Case 2 ; Principle: Provide appropriate notification of purpose and obtain appropriate authorization before beginning ; case contributed by Kirk Heilbrun and Lindsey Peterson ; Teaching Point: Obtaining authorization for evaluating minors who cannot yet legally consent ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 22 Transfer and Decertification ; Case 1 ; Principle: Assess legally relevant behavior ; case contributed by Amy L. Wevodau and Mary Alice Conroy ; Teaching Point: Translating legal criteria into forensic capacities ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Use third party information in assessing response style ; case contributed by Kirk Heilbrun and Casey LaDuke ; Teaching Point: Addressing conflicting information from the interview, testing, and third party sources ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 23 Military ; Case 1 ; Principle: Identify relevant forensic issues ; case contributed by Michael Sweda and Samantha M. Benesh ; Teaching Point: Forensic issues in this kind of evaluation that is conducted in a military context, and comparability with and distinctions from civilian law ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Obtain appropriate authorization ; case contributed by Paul Montalbano ; Teaching Point: How does the evaluator address the question of <"severe mental disease or defect?>" ; contributed by Paul Montalbano ; Teaching Point: Obtaining appropriate authorization in military FMHA, and similarities with and differences from civilian parameters ; contributed by Paul Montalbano ; Case 3 ; Principle: Use nomothetic evidence of clinical condition, functional abilities, and ; causal connection ; case contributed by Eric B. Elbogen ; Teaching Point: Combining nomothetic data with case-specific idiographic information ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 24 Release Decision-Making ; Case 1 ; Principle: Obtain relevant historical information ; case contributed by Chad Brinkley and David Mrad ; Teaching Point: Integrating information from hospitalization and pre-hospitalization in release decision-making ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Use multiple sources of information for each area being assessed ; case contributed by Craig R. Lareau ; Teaching Point: Using multiple sources for relevant hospitalization and pre-hospitalization information ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 3 ; Principle: Describe findings and limits so that they need change little under cross-examination ; case contributed by Terrance J. Kukor ; Teaching Point: Achieving balance and facilitating accuracy in reporting findings ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 25 Threat/Risk Assessment ; Case 1 ; Principle: Identify relevant forensic issues ; case contributed by Stephen D. Hart and Kelly A. Watt ; Teaching Point: The role of RNR in contemporary threat/risk assessment ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Case 2 ; Principle: Ensure that conditions for evaluation are quiet, private, and distraction-free ; case contributed by Dewey G. Cornell ; Teaching Point: How can threat assessment be distinguished as a form of risk assessment? ; contributed by Dewey G. Cornell ; Case 3 ; Principle: Use nomothetic evidence in assessing clinical condition, functional abilities, and causal connection ; case contributed by Randy K. Otto and Jay Singh ; Teaching Point: Combining nomothetic data with case-specific, idiographic information ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Teaching Point: How can different approaches to risk assessment be used to inform the evaluation and the case outcome? ; contributed by Randy K. Otto ; Case 4 ; Principle: Obtain relevant historical information ; case contributed by Joel A. Dvoskin ; Teaching Point: When specialized measures cannot be used ; contributed by Joel A. 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. Resnick ; Teaching Point: Using records and collateral interviews in assessing response style ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; 27 Expert Testimony ; Commentary throughout contributed by Stanley Brodsky ; Case 1 ; Principle: Communicate effectively ; Teaching Point: Moving from "adequate" to "effective" in presenting expert testimony ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Principle: Base testimony on the results of the properly performed forensic mental health assessment ; Teaching Point: Using the report to facilitate expert testimony ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; Principle: Control the message. Strive to obtain, retain, and regain control over the meaning and impact of what is presented in expert testimony ; Teaching Point: Strategies for maintaining some control over the message ; contributed by Kirk Heilbrun, David DeMatteo, Stephanie Brooks Holliday, and Casey LaDuke ; case contributed by Kirk Heilbrun and Jacey Erickson ; References ; Index
