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A one-stop guide to testifying in court for mental health professionals Even the most seasoned mental health professionals can find themselves unnerved by the prospect of appearing in court, especially when presented with it for the first time. Those in the mental health field usually have no formal preparation for testifying in court, even though they often play an important part in many types of cases. The Portable Guide to Testifying in Court for Mental Health Professionals provides a concise yet comprehensive guide for practitioners preparing to appear in court. The authors employ their combined decades of legal work in the mental health field to provide a clear, no-nonsense handbook of what to expect, how to prepare, and what to look out for when testifying in court. Along with a general introduction to courts and the legal system, the text details topics such as: * Testifying both as an expert and involuntary witness * Protecting clients when bringing therapy into testimony * Preparing for testimony * Tips to use and lawyers' tricks to look out for when testifying in court Throughout the book, Bernstein and Hartsell use detailed case studies to provide specific examples. In addition, "legal light bulbs" offer important tips and facts, and appendices list relevant Web resources and provide common legal forms. A one-of-a-kind resource, The Portable Guide to Testifying in Court for Mental Health Professionals gives a complete view of your role in courtroom proceedings, offering a vital tool for both legal and mental health practices.
Prepared by two of the fields leading scholars and practitioners, this original work cuts through dense forensic mental health theory and addresses the concrete approaches to ethical and effective testimony that experts need in court. Rich in examples of courtroom dialogue, this text shows how to avoid the common pitfalls and various traps that experts so frequently encounter.
The third edition of this classic resource provides mental health professionals with pithy, practical advice for testifying in court with the same wit and whimsy and a revamped structure.
The past two decades have seen a rapidly growing involvement of psychologists and psychiatrists in legal proceedings for criminal cases, divorces, and traffic and industrial accidents. Mental health professionals are traditionally not trained to cope with the legal responsibilities that arise from their routine clinical work and are eager to learn the professional skills that are needed in forensic settings. There is presently no book which focuses entirely on the strategies and verbal tactics employed by attorneys who critically examine and challenge the testimony of mental health professionals. If psychologists and psychiatrists can familiarize themselves with the kind of questions and verbal exchanges that take place in the courtroom, they would be better prepared to provide their expertise in an effective manner. This book fills that need. Designed as a practical handbook to assist practitioners from all mental health disciplines, it focuses on typical courtroom dialogue between attorneys and mental health professionals who testify regarding their psychotherapy clients and also those who are hired by attorneys specifically to provide expert opinions. The authors, who have extensive experience in the courtroom, offer well-thought-out, effective responses as contrasted with impulsive and weak answers to attorneys' queries. Actual cases are employed to illustrate typical challenges in various legal areas, including criminal law, child custody hearings, and personal injury cases. Certain forensic issues such as the scientific bases of expert opinions, the accuracy of psychological vs. medical tests, and malingering, are emphasized throughout the chapters. The book is based on the belief that exposure to courtroom dialogue enhances the awareness of appropriate professional responses to an attorney's cross-examination and greatly alleviates fear toward a situation well-known to provoke intense levels of anxiety. Although it is written alluding to the forensic psychologist or psychiatrist, the strategies for the witness are readily applicable in most instances to all mental health professionals. Issues such as therapist bias, unconfirmed observations, and cultural and ethnic factors are clearly relevant to all who provide mental health services.
The Mental Health Professional in Court: A Survival Guide is designed to help mental health professionals become more knowledgeable about the settings, assumptions, personnel, issues, and techniques involved in going to court, with the aim of demystifying the legal process and reducing anxiety about this inherently stressful experience. A revised and expanded version of The Psychiatrist in Court: A Survival Guide, published more than 10 years ago, this volume was written with three goals in mind: to soothe, support, and educate through use of an informal and at times even lighthearted tone; to offer a consistent focus on practical rather than theoretical issues; and to present the necessary material succinctly and efficiently so that readers can assimilate it quickly and under pressure of an impending court appearance. The book puts the topic in context by presenting the basics of the legal process and roles, then follows the chronology of responding to a subpoena, determining the kind of witness the reader may be asked to be, working with an attorney, preparing for a courtroom appearance, and identifying specific strategies for testifying. Well-written, astute, and supportive, this is the book mental health professionals should rely on when facing this potentially unnerving challenge.
During the past two decades, the frequency and range of expert testimony by psychologists have increased dramatically. Courts now routinely hear expert testimony from clinical, cognitive, developmental, and social psychologists. Expert Psychological Testimony for the Courts provides a comprehensive, research-based analysis of the content, ethics, and impact of expert testimony. This book features leading scholars who have contributed to the scientific foundation for expert testimony and who have also served as expert witnesses. The opening chapter explores issues surrounding the admissibility of expert testimony, and the closing chapter explores the ethics and limits of psychological testimony. Each of the intervening chapters focuses on a different area of expert testimony: forensic identification, police interrogations and false confessions, eyewitness identification, sexual harassment, mitigation in capital cases, the insanity defense, battered women, future dangerousness, and child custody. These chapters describe the typical content of expert testimony in a particular area, evaluate the scientific foundation for testimony, examine how jurors respond to expert testimony, and suggest ways in which legal standards or procedures might be modified in light of psychological research. This groundbreaking book should be on the shelf of every social scientist interested in the legal system and every trial attorney who is likely to retain a psychologist as an expert witness. It can also serve as a text for advanced courses in psychology, legal studies, criminal justice, law, and sociology.
In The Psychiatric Witness In Court: What Mental Health Professionals Need to Know, Cal Colarusso documents how the psychiatric profession plays a vital role in the legal process. Reports of evaluations and psychological test reports are provided, in addition to examples of direct testimony and cross-examination taken from actual cases. Colarusso ultimately demystifies the process by demonstrating that the well-prepared mental health expert has little to fear from cross-examination.
"Favored by instructors and students for its real-world focus and engaging style, this authoritative text on the interface of psychology and law has now been revised and expanded. Each chapter provides an overview of case law on an important topic and explores selected cases in depth. Coverage includes psychological and mental health issues in criminal and civil proceedings; the role of practitioners as expert witnesses and forensic consultants; and legal concerns in general clinical practice. Salient legal processes and decisions are summarized and implications for today's clinical and forensic practitioners highlighted. Instructors who request a desk copy receive a supplemental Test Bank with questions keyed to each chapter. Students can access a downloadable Study Guide. New to This Edition *Updated throughout with current research and substantive changes in mental health law. *Chapter on competency in juvenile justice. *Citations of 115 new legal cases. *Conclusion identifying urgent social challenges facing the field. Subject areas/key words: forensic psychology, mental health law, psychology and law, law and behavioral science, legal cases, expert testimony, expert witnesses, case law, legal precedents, forensic mental health, forensic psychological assessments, forensic assessments, forensic psychological evaluations, psychiatric examination, juvenile justice, psychopathy, liability, malpractice, textbooks, casebooks, texts Audience: Students and practitioners in clinical and forensic psychology, psychiatry, and social work; also of interest in criminal justice and criminology"--