Forensic Mental Health Assessment: A Casebook

by Kirk Heilbrun (Editor), David DeMatteo (Editor), Stephanie Brooks Holliday (Editor), Casey LaDuke (Editor)

Overview

Forensic mental health assessment (FMHA) continues to develop and expand as a specialization. Since the publication of the First Edition of Forensic Mental Health Assessment: A Casebook over a decade ago, there have been a number of significant changes in the applicable law, ethics, science, and practice that have shaped the conceptual and empirical underpinnings of FMHA. The Second Edition of Forensic Mental Health Assessment is thoroughly updated in light of the developments and changes in the field, while still keeping the unique structure of presenting cases, detailed reports, and specific teaching points on a wide range of topics. Unlike anything else in the literature, it provides genuine (although disguised) case material, so trainees as well as legal and mental health professionals can review how high-quality forensic evaluation reports are written; it features contributions from leading experts in forensic psychology and psychiatry, providing samples of work in their particular areas of specialization; and it discusses case material in the larger context of broad foundational principles and specific teaching points, making it a valuable resource for teaching, training, and continuing education. Now featuring 50 real-world cases, this new edition covers topics including criminal responsibility, sexual offending risk evaluation, federal sentencing, capital sentencing, capacity to consent to treatment, personal injury, harassment and discrimination, guardianship, juvenile commitment, transfer and decertification, response style, expert testimony, evaluations in a military context, and many more. It will be invaluable for anyone involved in assessments for the courts, including psychologists, psychiatrists, social workers, and attorneys, as well as for FMHA courses.

Product Details

ISBN-13:	9780190454319
Publisher:	Oxford University Press
Publication date:	06/09/2014
Sold by:	Barnes & Noble
Format:	eBook
File size:	6 MB

About the Author

Kirk Heilbrun, PhD, is Professor, Department of Psychology, Drexel University. His current research focuses on juvenile and adult offenders, legal decision-making, forensic evaluation associated with such decision-making, and diversion. He is the author of a number of articles and books in the area of forensic assessment. David DeMatteo, JD, PhD, is an Associate Professor of Psychology and Law at Drexel University, where he is also Director of the JD/PhD Program in Law and Psychology. His research interests include psychopathy, forensic mental health assessments, drug policy, and diversion. He has authored several books and numerous articles on forensic mental health assessment and related topics. Stephanie Brooks Holliday, PhD, a graduate of Drexel University, is a Postdoctoral Fellow with the War Related Illness and Injury Study Center (WRIISC) at the Washington DC VA Medical Center. Her current research interests include adult offenders, risk assessment, interventions for risk reduction, justice-involved veterans, and neuropsychological functioning in veteran populations. Casey LaDuke, MS, is a doctoral candidate in the Department of Psychology at Drexel University, with concentrations in forensic psychology and clinical neuropsychology. His current interests include forensic mental health assessment, psychopathy, diversion, and the application of clinical neuropsychology in the forensic context.

Table of Contents

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

Editorial Reviews

Written as a companion to Principles of Forensic Mental Health Assessment (Heilbrun, 2001), this casebook—presented as the first of its kind—includes actual FMHA case material contributed by psychiatrists and psychologists useful for mental health and legal professionals and policy-makers. Heilbrun (clinical and health psychology, MCP Hahnemann U.) presents 24 chapters including one or two cases each with teaching points. Topics include competence to stand trial/consent to treatment, juvenile commitment, sex offender sentencing, worker's compensation, and threat/risk assessment. References include cases studied, 1960-99. Annotation c. Book News, Inc., Portland, OR

Reviewer: Gary B Kaniuk, PsyD (Cermak Health Services)
Description: This book describes the different types of mental health assessments that may be used with juveniles and adults in both civil and criminal courts. The previous edition was published in 2002.
Purpose: The purpose is to provide an update "in light of the developments and changes in the field, while still keeping the unique structure of presenting cases, detailed reports, and specific teaching points on a wide range of topics."
Audience: The intended audience includes "anyone involved in assessments for the courts, including psychologists, psychiatrists, social workers, and attorneys, as well as for FMHA courses." Graduate students in forensic programs also could benefit from this book. The editors include two faculty from Drexel University, a postdoctoral fellow, and a doctoral student. Kirk Heilbrun, a professor at Drexel, has served as past president of the American Psychological Association's Division 41: American Psychology-Law Society, and David DeMatteo, an associate professor, holds JD/PhD degrees. Contributors are from the U.S., Norway, and Canada.
Features: The book begins with a description of the principles of the mental health assessment process. Chapters then explore issues involving both juvenile and adult clients, in both civil and criminal court, using case studies. For example, in discussing Miranda waiver capacity, the authors consider using nomothetic evidence in the first case study and idiographic evidence in the second case. In the discussion of competence to stand trial, the emphasis in the first case is on using psychological testing when needed and, in the second case, on selecting the most appropriate model for understanding data. The authors spend considerable time on capital sentencing, including Atkins-type evaluations. The book covers juvenile issues such as competence to stand trial, juvenile transfer to adult court and decertification, and juvenile Miranda waiver capacity. An interesting chapter on response style discusses the importance of psychological testing and gathering collateral information.
Assessment: With its excellent case studies demonstrating the components of each evaluation, this is a practical and easy to read book. The second edition is certainly justified because of the many changes in the field over the intervening 12 years. This book should be in the libraries of both novice and seasoned forensic evaluators.

Doody's Review Service

"The encore edition of Forensic Mental Health Assessment: A Casebook outshines even its illustrious predecessor. An A-list of leaders in the field has crafted broad state-of-the-science principles of forensic mental health assessment and deftly applied these principles to actual civil, criminal, and juvenile cases in all of their real-world richness and complexity. The result is a fascinating and authoritative volume that forensic clinicians will find of indispensable value." -John Monahan, PhD, Shannon Distinguished Professor of Law, Psychology, and Psychiatry, University of Virginia

"Like the first edition, this casebook builds on Heilbrun's now-classic work on principles of forensic mental health assessment. Like architecture, each case rises from that foundation to express the principles in real form and substance, showing us their potential and testing their value." -Thomas Grisso, PhD, Professor of Psychiatry, Director of Psychology, and Director of the Law-Psychiatry Program, University of Massachusetts Medical School

"This is the book you need if you want to hone your forensic evaluation skills. By working through its chapters, all written by well-known forensic specialists, mental health professionals helping to answer legally relevant questions can rest assured that they understand the theory and practice of the discipline." -Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School

"With its excellent case studies demonstrating the components of each evaluation, this is a practical and easy to read book. The second edition is certainly justified because of the many changes in the field over the intervening 12 years. This book should be in the libraries of both novice and seasoned forensic evaluators." -Gary B Kaniuk, Doody's Health Sciences Book Review

From the Publisher