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If you are like many of your colleagues, you are intrigued by the practice of forensic psychiatry and find the intellectual challenge of bridging the gap between psychiatry and law stimulating. You may even wish to offer your services as an expert witness in legal proceedings. However, your enthusiasm is tempered by the all too real nightmare of a lawyer puncturing your testimony with pointed questions, simultaneously destroying your professional reputation. Furthermore, you face the prospect of establishing your practice in forensic psychiatry through a grueling process of trial and error, a procedure that may also tarnish your reputation. In order to leave the familiar surroundings of your clinical practice to enter this new environment, you need a comprehensive, “how-to” manual that can guide you through the legal process and your role as expert witness while highlighting the pitfalls strewn in your path. The Psychiatrist as Expert Witnessprovides practical, hands-on instruction for your role as an expert witness. A companion volume to The Psychiatrist in Court: A Survival Guide, this book encapsulates, into a single user-friendly volume, the wisdom and experience of one of the world’s leading forensic psychiatrists, Dr. Thomas Gutheil. Using wit and an informal tone, Dr. Gutheil describes the ethical, clinical, and functional role of the expert witness. He guides you through the details of case evaluation, discovery and depositions, and trials so that you can provide truthful, ethical, and effective testimony and avoid potential hazards and pitfalls. Sharing dozens of invaluable hints and practical advice on numerous subjects such as writing forensic reports, withstanding cross-examination, maintaining objectivity, marketing your services ethically, and concluding fee agreements, Dr. Gutheil helps smooth your way into this exciting field. Armed with this knowledge and guidance, you will be fully prepared to embark on your career as an expert witness. Whether you are a seasoned professional or just a beginner, The Psychiatrist as Expert Witnessis a reference that you cannot be without.
Forensic psychiatry is growing in popularity, and many a practitioner feels the urge to explore this fascinating realm of endeavor. The second edition of The Psychiatrist as Expert Witness, by Thomas G. Gutheil, M.D., is a highly readable and practical guidebook for those interested in entering the field while navigating the dangers inherent in courtroom testimony. This volume is a thoroughly revised and updated edition of his highly successful first edition. The earlier edition has been used in nearly all forensic psychiatric training programs in the U.S. and Canada since its publication in 1998. A professor of psychiatry at the Beth Israel-Deaconess Medical Center-Harvard Medical School, Gutheil draws on his decades of experience in the courtroom and countless beginner's mistakes to help readers avoid the pitfalls of serving as an expert witness. While of great value to newcomers to the field, the book offers insight and guidance to early-career and seasoned expert witnesses as well. As in the first edition, this volume explores the role of the expert witness, moral issues, basic principles, depositions and trials, writing for the court, and ethical marketing. Besides the requisite updating of references and suggested readings, this latest volume features expansions and additions of particular benefit to prospective expert witnesses: A glossary of useful terms Expanded definitions of key concepts A lengthened discussion of bias in testimony Additional illustrative examples A model forensic consent form for examination Cases and principles that have arisen since the first edition The Psychiatrist as Expert Witness provides the practical, hands-on mentoring and guidance that were not readily available in the past. Concrete advice replaces abstract theorizing, and informal discussion in a user-friendly tone replaces scholarly discourse. These attributes combine to make this a book that is highly accessible and usable in real world courtroom settings. While some in society decry the expert witness function, the courts will continue, from all evidence, to require expert witness testimony in increasing numbers. The author seeks to help his colleagues meet the courts' needs with ethical, effective and helpful testimony through the publication of this revised volume. At the same time, Gutheil strives to make the often complex arena of forensic psychiatry more understandable to those who wish to enter the field and to seasoned experts eager to keep up with contemporary changes in forensic psychiatry.
A guide to what a psychiatrist needs to know in order to prepare medico-legal reports and become an expert witness. This book covers the roles and responsibilities of the psychiatric expert witness in the context of case and statute law, administration, training and other practical matters, the medico-legal consultation and the structure and form of the expert report. Specific chapters deal with psychiatric reports in criminal, civil and family cases, as well as inquests, tribunals and other parts of the legal system. Preparation of reports for jurisdictions in the British Isles outside England and Wales is covered. It will be of value to trainee psychiatrists and recently appointed consultants who need a handbook to assist them as they acquire the training, skills and knowledge necessary to prepare expert psychiatric evidence for courts and other legal forums. This book is aimed at psychiatrists who wish to write medico-legal reports and become expert witnesses, but it will also be a useful resource for established expert psychiatric witnesses and the solicitors and barristers who instruct them.
This book details possible ethical situations and pitfalls that forensic psychiatric experts would commonly encounter when making a court testimony. Richly illustrated with cases from medicine, psychiatry, and law, this elegantly written volume examines the common moral ground that links these usually separate domains, and relates forensic ethics to larger concepts of morality and justice.
Readers will discover how very recent scientific advances have overthrown a century of dogma about concussive brain injury.
Lawyers frequently encounter clients and/or cases of bizarre behavior, mental illness, substance abuse, psychopathy, sexual offenses, learning disorders, birth defects, and other behavioral and emotional issues. Often they are ill-prepared to understand the nature of the psychiatric report, how the psychiatric assessment was structured, and how to best utilize and challenge these reports in court.Forensic Psychiatry: A Lawyer's Guide provides legal professionals the tools to identify mentally ill clients and help them navigate through the psychiatric information and language in reports and testimony. Topics include why a forensic psychiatrist is necessary, applications of psychiatry to law, various psychiatric disorders, and utilizing the expert witness. - A user-friendly roadmap to psychiatry for the non-psychiatrist—covers why you need a forensic psychiatrist and the applications of psychiatry to law - Provides coverage of the mental status examination, common psychiatric diagnoses, treatable disorders versus brain damage, medical problems masquerading as mental illness, and much more - Includes a full glossary of psychiatric terms as an additional easy reference guide
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Forensic Psychiatry is an essential interdisciplinary book that is ideal for all trainees in psychiatry, clinical and forensic psychology, and other forensic mental health disciplines as well as for those professionals who work with psychiatrists in a legal setting, particularly members of the legal profession, probation and the police.
The third edition of this award-winning textbook has been revised and thoroughly updated. Building on the success of the previous editions, it continues to address the history and practice of forensic psychiatry, legal regulation of the practice of psychiatry, forensic evaluation and treatment, psychiatry in relation to civil law, criminal law and family law, as well as correctional forensic psychiatry. New chapters address changes in the assessment and treatment of aggression and violence as well as psychological and neuroimaging assessments.
General clinicians conduct most forensic psychiatric examinations and provide most psychiatric testimony. Yet these clinicians often receive little or no training in forensic psychiatry, leaving them ill prepared to meet the inevitable ethical and legal challenges that arise. Both timely and informative, this textbook is the first reference designed and written for both the general clinician and the experienced forensic psychiatrist. Here, 28 recognized experts introduce the forensic subjects that commonly arise in clinical practice. Unique in the literature, this outstanding collection covers • Introductory subjects—Organized psychiatry and forensic practice; the legal system and the distinctions between therapeutic and forensic roles; business aspects of starting a forensic practice; the role of the expert witness; the differences between the ethics of forensic and clinical psychiatry; the use of DSM in the courtroom; and issues that arise in working with attorneys• Civil litigation—The standard of care and psychiatric malpractice; civil competency; issues in conducting evaluations for personal injury litigation; personal injury claims of psychiatric harm; and disability determination and other employment-related psychiatric evaluations• Criminal justice—Competency to stand trial and insanity evaluations; the use of actuarial and clinical assessments in the evaluation of sexual offenders; psychiatry in correctional settings; and the relationship between psychiatry and law enforcement, including mental health training, crisis negotiation, and fitness for duty evaluations• Special topics—Assessment of malingering; evaluations of children and adolescents; violence risk assessments; the use of prediction instruments to determine "dangerousness"; and the evolving standard of expert psychological testimony Each chapter is organized around case examples and includes a review of key concepts, practical guidelines, and references for further reading. A study guide is also available for use in teaching, in studying, and in preparing for the forensic board examination. This practical textbook makes this interesting specialty accessible to trainees and seasoned practitioners. With its detailed glossary of legal terms, subject index, and index of legal cases, it will be a welcome addition to all psychiatric residency and forensic fellowship programs.