While a number of recent publications involve forensic assessment, few address this topic from psychiatric as well as psychological perspectives. A unique aspect of this book is that each chapter is co-authored by a psychologist and a psychiatrist, discussing the interrelationship of the disciplines while offering detailed assessment protocols for a comprehensive range of forensic evaluations. Sample reports are included for selected chapters, demonstrating the integrative as well as independent potential of contributions from both disciplines. Part I of this book provides a brief overview of the current state of forensic psychology and psychiatry. This includes, from the perspective of each discipline, requisite clinical competencies, ethical guidelines, and considerations for multidisciplinary collaboration. Parts II and III specify various approaches to psychological and psychiatric forensic assessments in criminal and civil matters, respectively. The principles of effective1) preparation,2) data collection,3) data interpretation, and4) communication. are outlined for each special situation.Part IV addresses overarching practice issues that include practice development, retention, compensation, consultation, and forensic treatment.Appendices include both legal and psychological glossaries as well as charts and summaries highlighting attributes and applicability of common assessment tools.

ERIC Y. DROGIN, JD, PHD, ABPP, is a Diplomate and former President of the American Board of Forensic Psychology and a Fellow of the American Academy of Forensic Psychology.  He serves on the faculties of the Harvard Medical School and the Harvard Longwood Psychiatry Residency Training Program, and teaches courses in law and mental health for the University of New Hampshire School of Law and the University of Wales.  He is the author of several books, chapters, and articles addressing the interface of psychology, psychiatry, and law.

FRANK M. DATTILIO, PHD, ABPP, holds a dual faculty position in psychiatry at Harvard Medical School and the University of Pennsylvania School of Medicine.  He has published widely and has testified in numerous state and federal jurisdictions for the prosecution and the defense, and has served in numerous court appointments in criminal cases.  He has consulted on cases for the United States Department of Justice and the Federal Bureau of Investigation and is a prolific author and international speaker.

ROBERT L. SADOFF, MD, is Clinical Professor of Forensic Psychiatry and serves as Director of the Forensic Psychiatry Fellowship Program at the University of Pennsylvania School of Medicine.  He is board certified in psychiatry, forensic psychiatry, and legal medicine.  Dr. Sadoff has conducted over 10,000 forensic psychiatric examinations, has lectured throughout the United States and several countries abroad, and is a prolific writer, having authored or coauthored several books including Forensic Psychiatry: A Practical Guide for Lawyers and Psychiatrists, Psychiatric Malpractice: Cases and Comments for Clincians—winner of the 1993 Manfred S. Guttmacher Award—and Ethical Issues in Forensic Psychiatry: Minimizing Harm.

THOMAS G. GUTHEIL, MD, is a Professor of Psychiatry at the Harvard Medical School and an internationally known lecturer, writer, and consultant on medicolegal issues, risk management, and malpractice prevention.  He is a founder of the Beth Israel Deaconess Medical Center Program in Psychiatry and Law, currently serves as the President of the International Academy of Law and Mental Health, and is the author or coauthor of several books in the areas of law and medicine, including the Clinical Hand-book of Psychiatry and the Law—winner of the 1983 Manfred S. Guttmacher Award—now in its Fourth Edition.

Foreword vii

Preface xi

Contributors xiii

PART 1 CRIMINAL MATTERS 1

1 Competence to Stand Trial 3
Kathleen P. Stafford and Robert L. Sadoff

2 Competency to Waive Miranda Rights 25
Elliot L. Atkins and Kenneth J. Weiss

3 Sentencing 49
Elliot L. Atkins and Clarence Watson

4 Competency Restoration 79
Steven E. Samuel and Timothy J. Michals

5 Sex Offender Evaluations 97
Philip H. Witt, Frank M. Dattilio, and John M. W. Bradford

6 Criminal Responsibility 121
Robert L. Sadoff and Frank M. Dattilio

7 Capital Litigation: Special Considerations 145
Alan M. Goldstein and Harold J. Bursztajn

8 Diminished Capacity in Federal Sentencing 171
Gerald Cooke and Henry R. Bleier

9 Testimonial Capacity 187
Randy K. Otto, Robert L. Sadoff, and Amanda M. Fanniff

10 Postconviction Proceedings 205
Aderonke Oguntoye and Eric Y. Drogin

11 Juvenile Delinquency and Decertification 227
Frank M. Dattilio and Laurentine Fromm

12 Addictions 255
Curtis L. Barrett and Richard F. Limoges

PART 2 CIVIL MATTERS 275

13 Personal Injury: The Independent Medical Examination in Psychology and Psychiatry 277
Laurence Miller, Robert L. Sadoff, and Frank M. Dattilio

14 Employment Discrimination and Harassment 303
Liza H. Gold and William J. Stejskal

15 Structural and Clinical Assessment of Risk of Violence 335
Kenneth Tardiff and Dawn M. Hughes

16 Child Abuse and Neglect 361
Gillian Blair and Annie G. Steinberg

17 Abuse and Neglect of Adults 391
Carla Rodgers and Mark Siegert

18 Education and Habilitation 417
Mark J. Hauser, Robert F. Putnam, and Gregory I. Young

19 Child Custody and Parental Fitness 433
Gerald Cooke and Donna M. Norris

20 Americans With Disabilities Act Evaluations 459
Lisa Drago Piechowski and Urrooj Rehman

21 Civil Commitment 479
David F. Mrad and Clarence Watson

22 Competency to Consent to Treatment 503
Nicole Foubister and Mary Connell

23 Guardianship 521
Eric Y. Drogin and Thomas G. Gutheil

24 Psychiatric and Psychological Malpractice 543
Eric Y. Drogin and Donald J. Meyer

25 Fitness for Duty 571
Lisa Drago Piechowski and Albert M. Drukteinis

26 Psychological Autopsy 593
Frank M. Dattilio and Robert L. Sadoff

PART 3 FORENSIC PRACTICE CONSIDERATIONS 613

27 Developing and Operating a Forensic Practice 615
Stanley L. Brodsky and William H. Reid

28 Interstate Practice 649
Robert L. Sadoff and Frank M. Dattilio

29 Conceptualization and Assessment of Malingering 659
Richard Rogers and Robert P. Granacher, Jr.

30 Transcultural Considerations 679
Seema Garg, Frank M. Dattilio, and Pietro Miazzo

Appendix A Scientific Glossary 697

Appendix B Legal Glossary 727

Appendix C Compendium of Cited Psychological Tests 745

Appendix D Sample Reports 751

Psychiatric Evaluation—Juvenile Decertification 751

Psychological Evaluation—Juvenile Decertification 758

Preliminary Report on Psychology Board Complaint by Ms. B Against A, PhD 777

Author Index 789

Subject Index 797