’Why did the defendant do it?’
Mental health professionals are asked to help courts answer this question. To serve justice, the law calls for evidence of the mental state at the time a crime is committed, of suicide intent in civil litigation, and of mental capacity in contract litigation. The law asks psychiatrists and psychologists to retrospectively determine mental states — a daunting task made even more difficult by the passage of time, the uncertain credibility of witnesses, the paucity of collateral sources of information, and often the death of the person in question.
This is the first book dedicated entirely to the retrospective assessment of mental states. This fascinating book explores the role of the psychiatrist and psychologist, as an expert witness in litigation, in rendering a retrospective judgment of an individual’s mental state. Distinguished contributors apply their expertise in psychiatry, psychology, and the law to address the problems of retrospective assessment. With the goal of developing guidelines for more accurate retrospective assessment of mental states, they present topics such as Guidelines for conducting retrospective assessments in children and adults Guidelines for the retrospective assessment without benefit of direct examination Assessments of suicide cases in both civil and criminal litigation Psychological testing and interviewing techniques that may assist in retrospective assessment Methods and analysis to help clinicians and attorneys critically evaluate the search for 'truth’ about the past.
This remarkable book will prove indispensable for helping clinicians, lawyers, and judges better understand the complex and difficult process of retrospective reconstruction of mental states.
Spis treści
Contributors Acknowledgments Introduction Note on Terminology Chapter 1. Retrospective Assessment of Mental States in Criminal and Civil Litigation: A Clinical Review Chapter 2. Retrospective Assessment of Mental States and the Law Chapter 3. What Can We Ever Know About the Past? A Philosophical Consideration of the Assessment of Retrospective Mental States Chapter 4. Assessment of Mental State at the Time of the Criminal Offense: The Forensic Examination Chapter 5. Retrospective Assessment of Malingering in Insanity Defense Cases Chapter 6. Murder, Suicide, Accident, or Natural Death? Assessment of Suicide Risk Factors at the Time of Death Chapter 7. Retrospective Assessment of Children’s Mental States Chapter 8. The Past as Prologue: Assessment of Future Violence in Individuals With a History of Past Violence Chapter 9. Evaluating Mental States Without the Benefit of a Direct Examination: Basic Concepts and Ethical and Legal Implications Chapter 10. Validating Retrospective Assessments: An Overview of Research Models Chapter 11. What Can Psychologists Contribute to the Examination of Memory and Past Mental States?Chapter 12. Psychiatric Diagnoses and the Retrospective Assessment of Mental States Chapter 13. Special Methodologies in Memory Retrieval: Chemical, Hypnotic, and Imagery Procedures Chapter 14. Competence and Mental Impairment Chapter 15. Remembering the Future: Policy Implications for the Forensic Assessment of Past Mental States Index
O autorze
Robert I. Simon, M.D., is Clinical Professor of Psychiatry and Director of the Program in Psychiatry and Law at Georgetown University School of Medicine in Washington, D.C.Daniel W. Shuman, J.D., is a Professor of Law at the Dedman School of Law, Southern Methodist University in Dallas, Texas.
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