Ethical medical practice and treatment in psychiatry are based onthe concept of first do no harm. However, this cannot, and doesnot, apply to forensic cases where there is no doctor-patientrelationship and the forensic psychiatrist may indeed cause harm tothe examinee. In this book, Robert Sadoff analyzes the ethicalissues affecting forensic psychiatric practice, especially thosepromulgated by the American Academy of Psychiatry and the Law.Within those guidelines, he looks at individual bias, vulnerabilityof the examinee, and potential harm to the mental healthprofessional. The book discusses each of the procedures ofthe forensic expert separately with respect to minimizing harm. Ithas been written with an international audience in mind andfeatures chapters reviewing the European and UK perspectives, by Emanuele Valenti and John Baird, respectively.
Robert Sadoff addresses the long-term harm that can be eitheravoided or minimized through careful planning and application ofethical principles. He is not advocating that the harm can betotally eliminated, because that is impossible in the adversarialsystem in which forensic psychiatrists work. However, there aremeans by which harm may be minimized if care is taken during theassessment, the report writing, and the testimony phase of theproceedings. The book develops the scope of forensic psychiatryfrom the standpoint of administrative, civil and criminal cases. Itpresents the practical issues involved in conducting forensicpsychiatric assessments under various conditions plus specialconsiderations, such as bias, minimizing harm, developing atherapeutic approach, and elaborating on various vulnerableindividuals who are frequently examined in forensic cases. Theseinclude juveniles, mentally retarded, autistic, sexual assaultvictims, the elderly, the organically damaged, the psychotic, andmentally disabled prisoners. Immigrants are covered in a chapter by Solange Margery Bertoglia. The ethical issues in conductingforensic psychiatric examinations and presenting psychiatrictestimony in court are examined and discussed. Cases illustratingthe difficulties involved punctuate the presentation. The bookcloses with a fascinating account of the legal perspective by Donna Vanderpool.
In summary, this book illustrates the ethical and practicalissues that affect forensic psychiatric practice. The question isnot what we do, but how we do it, and which standards, ethicalguidelines and personal values contribute to the total picture.Despite the fact that we cannot always adhere to the doctrine of’primum non nocere, ‘ we can minimize the harm caused inherently bythe adversarial system in which we participate.
Praise for Ethical Issues in Forensic Psychiatry
‘One of the founding giants of the forensic psychiatric fieldhas written here far more than a ‘mere’ ethics textbook. Instead, this compendium serves multiple purposes: it is a valuable primeron forensic techniques of examination and testimony, a model ofbest forensic practices, and an instruction on the mostappropriately civilized way in which to conduct oneself as aforensic psychiatrist.
The success of these multiple accomplishments clearly derivesfrom characteristics of the author. In both sage advice topractitioners and in many revealing case examples, Dr. Sadoffdisplays the tact, good manners and sensitivity of a consummategentleman – a term not always associated with the hurly-burlyof courtroom work. The book’s primary focus on avoiding harm to allthe parties involved in the work places it on the moral high groundof the legal system in which participating clinicians must find aplace.’
Thomas G. Gutheil, MD, Professor of Psychiatry and Co-Founder, Program in Psychiatry and the Law, Beth Israel Deaconess Medical Center, Harvard Medical School
Tabela de Conteúdo
About the Authors.
Preface.
Acknowledgments.
Introduction.
List of Contributors.
Part One Ethics in Forensic Psychiatry.
1 Ethical Issues in Forensic Psychiatry in the United States
(Robert L. Sadoff).
2 Minimizing Harm: A Perspective from Forensic Psychiatry in the
United Kingdom (John A. Baird).
3 Mental Health and Human Rights in Forensic Psychiatry in the
European Union (Emanuele Valenti and Luis Fernando Barrios
Flores).
Part Two The Practice of Forensic Psychiatry.
4 The Forensic Psychiatric Examination (Robert L.
Sadoff).
5 The Forensic Psychiatric Report (Robert L. Sadoff).
6 Expert Psychiatric Testimony (Robert L. Sadoff).
Part Three Vulnerable Populations in the Justice
System.
7 Children and Adolescents (Robert L. Sadoff).
8 The Elderly, the Mentally Retarded, and the Severely Mentally
Disabled (Robert L. Sadoff).
9 Victims and Predators of Sexual Violence (Robert L.
Sadoff).
10 Immigrants: A Vulnerable Population (Solange Margery
Bertoglia).
11 Prisoners and Death Row Inmates (Robert L.
Sadoff).
12 Forensic Psychiatric Experts: Risks and Liability (Robert
L. Sadoff).
13 Risks of Harm to the Forensic Expert: the Legal Perspective
(Donna L. Vanderpool).
Index.
Sobre o autor
Robert L. Sadoff, M.D. is Clinical Professor of Psychiatry
and Director of the Center for Studies in Social-Legal Psychiatry
at the University of Pennsylvania School of Medicine. He is board
certified in psychiatry, forensic psychiatry, and legal medicine,
and has added qualifications in forensic psychiatry with the
American Board of Psychiatry and Neurology.
Dr. Sadoff is the author of over 100 articles in medical and legal
journals, more than 30 chapters in other books, and has authored,
edited, or coauthored 8 books, including Forensic Psychiatry: A
Practical Guide for Lawyers and Psychiatrists, Psychiatry
Malpractice: Cases and Comments for Clinicians and Mental
Health Experts: Roles and Qualifications for Court. Dr. Sadoff
has examined over 10, 000 individuals charged with crimes during the
past 40 years, and has testified for both the prosecution and
defense in criminal cases and for the plaintiff and defense in
civil cases in approximately 20 states and several federal
jurisdictions.
Dr. Sadoff is the recipient of numerous awards, including Best
Doctors in America, Who’s Who in the World, The Lifetime
Achievement Award of the Philadelphia Psychiatric Society, the
Nathaniel Winkelman Award, the Manfred Guttmacher Award from the
American Psychiatric Association, the Philippe Pinel Award from the
International Academy of Law and Mental Health, and the prestigious
Isaac Ray Award from the American Psychiatric Association. He has
also received the Earl Bond Award from the University of
Pennsylvania as the Outstanding Teacher in Psychiatry for 1979, and
the Dean’s Award for Outstanding Contributions to Medicine at the
University of Pennsylvania Medical School for 2008.