DOCSLIB.ORG

Handbook of Forensic Psychiatric Practice in Capital Cases

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Handbook of Forensic Psychiatric Practice in Capital Cases Handbook of Forensic Psychiatric Practice in Capital Cases Nigel Eastman Sanya Krljes Richard Latham Marc Lyall Second Edition In association with: Acknowledgements The Death Penalty Project would like to thank Nigel Eastman, Sanya Krljes, Richard Latham and Marc Lyall for drafting the text of this Handbook. It, together with the Casebook of Forensic Psychiatric Practice in Capital Cases, provides an indispensable, practical resource for mental health professionals and all those involved in the criminal justice process. The authors are grateful to Oxford University Press for its permission to use some text, amended, from Eastman N, Adshead G, Fox S, Latham R, Whyte S, Williams H Oxford Specialist Handbook of Forensic Psychiatry, Second Edition, Oxford University Press (publication 2019) and Eastman N, Adshead G, Fox S, Latham R, Whyte S Oxford Casebook of Forensic Psychiatry, Oxford University Press (publication 2019). This publication was made possible by a grant to The Death Penalty Project from the Magna Carta Fund of the United Kingdom Foreign and Commonwealth Office. © 2018 The authors All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or any information storage retrieval system, without permission in writing from the authors. Copies of this report may be obtained from: The Death Penalty Project 8/9 Frith Street Soho London W1D 3JB ISBN: 978-0-9576785-7-6 Contents Foreword Saul Lehrfreund and Parvais Jabbar ............................................................................................... vi Introduction Professor Nigel Eastman ..................................................................................................................ix Chapter 1: Clinical forensic psychiatry and legal psychiatry ......................................................01 How forensic services are related – hospital and community-based mental health services; secure psychiatric services; mental health services in prison; specific staff groups .............................................................................03 Clinical forensic services in less developed jurisdictions ..................................................................................05 Chapter 2: Law and psychiatry ..............................................................................................07 Goals and aims of the psychiatric and legal systems ..........................................................................................08 Tensions between psychiatry and law .................................................................................................................08 Words or phrases within discourses ....................................................................................................................08 Methods of inquiry ..............................................................................................................................................09 The practical effect of discipline incongruence ..................................................................................................09 Recognising the context is crucial .......................................................................................................................09 Medicine and psychiatry versus psychology .......................................................................................................10 Ultimate disparity ................................................................................................................................................10 Autopoesis versus reflexivity ................................................................................................................................10 Attempted translation between discourses .........................................................................................................11 Minimising errors in attempted translation .......................................................................................................12 ‘Psycholegal mapping’ ..........................................................................................................................................12 Psychiatry as forensically special .........................................................................................................................13 Some detail of ‘constructs from purposes’...........................................................................................................13 Use of information – ‘history’ versus ‘evidence’ ..................................................................................................14 Methods of selecting and gathering information ...............................................................................................15 Implications for forensic psychiatrists ................................................................................................................15 Psychiatry and law as a two-way relationship .....................................................................................................16 Keeping boundaries via mutual understanding ..................................................................................................17 Cooperation not contamination..........................................................................................................................17 The risk of convergence between psychiatry and the criminal justice system ...................................................17 Conclusion ...........................................................................................................................................................18 Chapter 3: Mental disorder and criminal behaviour ................................................................19 Functional psychosis, including paranoid schizophrenia ..................................................................................20 Alcohol and drug misuse and dependence ..........................................................................................................21 Personality disorder .............................................................................................................................................21 Mania ....................................................................................................................................................................22 Depression ............................................................................................................................................................22 Post-traumatic stress disorder (PTSD) ..............................................................................................................23 Asperger’s syndrome and other autistic spectrum disorders ..............................................................................23 Learning disability ...............................................................................................................................................23 Acquired brain injury ...........................................................................................................................................24 Epilepsy ................................................................................................................................................................24 Sleep disorders .....................................................................................................................................................24 Comorbidity .........................................................................................................................................................24 Conclusion ...........................................................................................................................................................25 Chapter 4: Forensic psychiatric assessment ...............................................................................27 Overview ..............................................................................................................................................................28 What is special about the context? – the effect of difference of purpose; additional stages in capital cases; difference of relationship with the assessee ...........................................................................................................29 ii Before accepting instructions ..............................................................................................................................31 Instructions ..........................................................................................................................................................32 Before the interview .............................................................................................................................................32 Sources of information ........................................................................................................................................33 Assessment – the environment; consent; the interview; interpreters; note-taking; should you record the precise questions asked and the precise responses?; should the defendant be seen more than once? ...................33 After the clinical interview(s) ..............................................................................................................................38
Load more

Recommended publications
  • Specialists in Forensic Psychiatry
    A Competency Based Curriculum for Specialist Training in Psychiatry Specialists in Forensic Psychiatry Royal College of Psychiatrists February 2010 (update approved 2 October 2014, revised March 2016 and May 2017) © Royal College of Psychiatrists 2010 TABLE OF CONTENTS This curriculum is divided into six Parts: Parts Contents Page Nos Part I Curriculum Development & Responsibilities for Curriculum Delivery 6 - 20 Part II The Advanced Curriculum for Forensic Psychiatry 21 - 48 Part III The Methods of learning & teaching & delivery of the curriculum 49 - 55 Part IV The Assessment System for Advanced Training 56 - 59 Part V Trainee and Trainer Guide to ARCPs 60 - 75 Contents 1. Introduction .......................................................................................................................................................................................................................... 6 2. Rationale ............................................................................................................................................................................................................................... 7 3. Specific features of the curriculum ....................................................................................................................................................................................... 7 4. Training pathway .................................................................................................................................................................................................................
    [Show full text]
  • Forensic Psychiatry Lowell S
    Journal of Criminal Law and Criminology Volume 39 | Issue 5 Article 4 1949 Forensic Psychiatry Lowell S. Selling Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Lowell S. Selling, Forensic Psychiatry, 39 J. Crim. L. & Criminology 606 (1948-1949) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. FORENSIC PSYCHIATRY Lowell S. Selling The author was Acting Director, Bureau of Maternal and Child Health and Director of the Mental Health Program, Florida State Board of Health. He was Instructor in Psychiatry in University and Belleview Hospital Medical College, New York City, 1930, and Director of the Psychopathic Clinic of the Recorder's Court, Detroit, 1935- 1945, now in the private practice of psychiatry in Orlando, Fla. This article was read at the Medicolegal Congress in St. Louis, in January, 1948.-EDirOL Probably the oldest form of psychiatry which has been recog- nized in this country with the possible exception of state hospital management, is the psychiatry practiced in conjunction with the courts. The need for professional differentiation between those who are able to stand trial and those who are not so by virtue of mental disorders was early recognized in the courts. From time to time the expert has been castigated by the lay press and those who do not understand psychiatry and the modern prac- tice of medicine in the courts, who are likely to come to conclu- sions that are unjustified as to how the psychiatrist serves the bench ,and the bar.
    [Show full text]
  • Psychosurgery and Other Invasive Approaches in Treatment-Refractory Obsessive-Compulsive Disorder: a Brief Overview Through a Case
    Dusunen Adam The Journal of Psychiatry and Neurological Sciences 2018;31:225-227 Letter to the Editor / Editöre Mektup DOI: 10.5350/DAJPN2018310213 Psychosurgery and Other Yasin Hasan Balcioglu1 , Fatih Oncu1 Invasive Approaches in 1Bakirkoy Prof Mazhar Osman Training and Research Hospital for Psychiatry, Neurology, and Neurosurgery, Treatment-Refractory Department of Forensic Psychiatry, Istanbul - Turkey Obsessive-Compulsive Disorder: a Brief Overview Through a Case How to cite this article: Balcioglu YH, Oncu F. Psychosurgery and other invasive approaches in treatment-refractory obsessive-compulsive disorder: a brief overview through a case. Dusunen Adam The Journal of Psychiatry and Neurological Sciences 2018;31:225-227. https://doi.org/10.5350/DAJPN2018310213 Address reprint requests to / Yazışma adresi: Yasin Hasan Balcioglu, Bakirkoy Prof Mazhar Osman Training and Research Hospital for Psychiatry, Neurology, and Neurosurgery, Department of Forensic Psychiatry, Dr. Tevfik Saglam St., 34147, Zuhuratbaba, Bakirkoy/Istanbul, Turkey Phone / Telefon: +90-212-409-1515/2490 E-mail address / Elektronik posta adres: [email protected] Date of receipt / Geliş tarihi: August 22, 2017 / 22 Ağustos 2017 Date of the first revision letter / İlk düzeltme öneri tarihi: October 26, 2017 / 26 Ekim 2017 Date of acceptance / Kabul tarihi: November 2, 2017 / 2 Kasım 2017 Dear Editor, quality of life and an increased burden on the caregiver. Treatment algorithms for the disorder are well-defined; As is well known, obsessive-compulsive
    [Show full text]
  • Forensic Assessment*
    AAPL Practice Guideline for the Forensic Assessment* 1. Statement of Intent standards in the relevant jurisdiction and to complete This document is intended as a review of legal and the evaluation at hand. psychiatric factors to offer practical guidance in the 2. Introduction performance of forensic evaluations. It is a guideline developed through the participation of forensic psy- Forensic assessment is one of the basic building chiatrists who routinely conduct a variety of forensic blocks that form the foundation of the practice of assessments and who have expertise in conducting psychiatry and the law, in addition to report-writing these evaluations in a variety of practice settings. The and giving testimony in court. Similar to any foun- developmental process incorporated a thorough re- dation, the integrity of the process depends on how view that integrated feedback and revisions into the well each brick is laid upon the other. In psychiatry final draft. The final version was reviewed and ap- and the law, the quality of the final product depends proved by the Council of the American Academy of on the quality of the assessment, regardless of the Psychiatry and the Law on October 26, 2014. Thus, practitioner’s report-writing skills. the Guideline reflects a consensus among members Forensic psychiatrists are often called on to act as and experts about the principles and practices appli- consultants to the courts, lawyers, regulatory agen- cable to the conduct of forensic assessments. How- cies, or other third parties. The referring agent has a ever, it should not be construed as dictating the stan- specific psycholegal question that requires an expert dard for forensic evaluations.
    [Show full text]
  • Forensic Psychiatry and Neurolaw: Description, Developments, and Debates
    International Journal of Law and Psychiatry 65 (2019) 101345 Contents lists available at ScienceDirect International Journal of Law and Psychiatry Forensic psychiatry and neurolaw: Description, developments, and debates Gerben Meynen ⁎ Department of Criminal Law, Tilburg Law School, Tilburg University, The Netherlands Department of Philosophy, Faculty of Humanities, Vrije Universiteit Amsterdam, The Netherlands article info abstract Article history: Neuroscience produces a wealth of data on the relationship between brain and behavior, including criminal be- Received 20 January 2018 havior. The research field studying the possible and actual impact of neuroscience on the law and legal practices, Accepted 5 April 2018 is called neurolaw. It is a new and rapidly developing domain of interdisciplinary research. Since forensic psychiatry Available online 30 April 2018 has to do with both neuroscience and the law, neurolaw is of specific relevance for this psychiatric specialty. In this contribution, I will discuss three main research areas in neurolaw – revision, assessment, and intervention – and explore their relevance for forensic psychiatry. I will identify some valuable possibilities as well as some notable challenges – both technical and ethical – for forensic psychiatry regarding neurolaw developments. © 2018 Elsevier Ltd. All rights reserved. 1. Introduction psychiatry in particular. Think of the possibility of deep brain stimula- tion (DBS) in treatment of a certain offender group (see Section 4). Neurolaw is a new, rapidly developing field of interdisciplinary re- Since neurolaw derives its relevance not only from the current state of search on the implications of neuroscience for the law and legal prac- neuroscience, but also from anticipated developments, at several points I tices (Meynen, 2014).
    [Show full text]
  • The Forensic Examination
    The Forensic Examination A Handbook for the Mental Health Professional Alberto M. Goldwaser Eric L. Goldwaser 123 The Forensic Examination Alberto M. Goldwaser · Eric L. Goldwaser The Forensic Examination A Handbook for the Mental Health Professional Alberto M. Goldwaser Eric L. Goldwaser Rutgers Robert Wood Johnson Medical School Sheppard Pratt Health System Psychiatry New York University School of Medicine University of Maryland Medical Center Jersey City, NJ Baltimore, MD USA USA ISBN 978-3-030-00162-9 ISBN 978-3-030-00163-6 (eBook) https://doi.org/10.1007/978-3-030-00163-6 Library of Congress Control Number: 2018959462 © Springer Nature Switzerland AG 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made.
    [Show full text]
  • Forensic Psychiatry and the Perturbation of Psychiatrists' Attention and Neutrality During Psychotherapy
    Forensic Psychiatry and the Perturbation of Psychiatrists' Attention and Neutrality During Psychotherapy Robert I. Simon, M.D. Most psychiatrists who practice the specialty of forensic psychiatry also conduct a general psychiatric practice. The free-floating attention necessary for the conduct of psychotherapy can be distracted by the many exigent demands a forensic practice places on the clinician. On the other hand, forensic psychiatrists are exposed to challenging cases and learn clinical skills ordinarily not obtainable from the general practice of psychiatry. The conduct of general practice is quite different from that of forensic practice. Understanding the essential differences should help maintain the equanimity of the psychiatrist and preserve the psychiatrist's attention to his or her patients. Forensic psychiatry is burgeoning. The Most forensic psychiatrists spend past decade has witnessed enormous most of their time in the practice of growth in interest in this specialty as general psychiatry and consider forensic demonstrated by the proliferation of psychiatry a subspecialty. Very few psy- journals devoted exclusively to forensic chiatrists practice forensic psychiatry ex- psychiatry, the development of forensic clusively. Therefore, it is important to psychiatry fellowship programs, and cer- tification by the American Board of Fo- examine the influence that the practice rensic Psychiatry. In addition, the Amer- of forensic psychiatry has on psycho- ican Board of Medical Specialties has therapeutic interventions. recognized forensic psychiatry as a sub- Forensic psychiatry is defined as "a specialty of psychiatry. It has authorized subspecialty of psychiatry in which sci- the American Board of Psychiatry and entific and clinical expertise is applied Neurology to conduct examinations for to legal issues in legal contexts embrac- a certificate of added qualifications in ing civil, criminal, correctional, or leg- forensic psychiatry in 1994.
    [Show full text]
  • Forensic Psychiatry in the United States Military
    Forensic Psychiatry in the United States Military Raymond G. Lande, DO, COL, MC, USA, and David M. Benedek, MD, MAJ, MC, USA Members of the U.S. military and their families represent a unique subsection of the American culture. The U.S. Constitution, federal law, and military regulations establish guidance for the conduct of service members during peacetime and wartime. This same hierarchy of law and regulation sets forth the legal rights and directs the provision of medical care for service members and their families. The fact that the military population is concurrently subject to a body of military law, as well as to the broader guidelines of the civilian sector, creates distinct roles for the military forensic psychiatrist. An understanding of the medical and legal framework in which the military forensic psychiatrist operates will facilitate the interactions of the civilian expert witness with the military justice system. In this report, the legal issues most relevant to the practice of forensic psychiatry in the military are discussed. In addition, the roles and responsibilities for psychiatrists specifically trained in aspects of military medical and mental health law are identified. The U.S. military population-with ac- trist functions at the interface between the tive duty personnel, retirees, and depen- military legal and medical systems. Al- dent family members numbering in the though trained first and foremost as a millions-represents a significant subsec- physician and military officer, subsequent tion of American culture. One unique as- training in the principles of military and pect of this group is the fact that the U.S.
    [Show full text]
  • Ethical Considerations and Political Abuse Within Forensic Psychiatry
    Ethical Considerations and Political Abuse Within Forensic Psychiatry Beth Mitchell Introduction The traditional and fundamental values within the medical profession take on a vastly different light when considering the unique challenges that materialise within the ever-expanding field of forensic psychiatry. It is a field brought to being through controversy and contention, and exists within modern medical discourse as a practice seemingly still rife with incoherence, largely due to its straddling of the personal and political spheres. Whilst traditional ethical dilemmas abound, the added burdens of treating criminality open up broader and even more complex sets of ethical questions, whilst providing greater scope for abuse and exploitation. Despite this inherent quandary, there has been insufficient discussion of these fundamental matters. As such, an appropriate and relevant framework of ethics has not yet been settled upon within forensic psychiatry, in sharp contrast to other medical practices (1). The Competing Roles of Autonomy and Beneficence The role of the doctor is often defined according to its underpinning ethical principles as defined by Beauchamp and Childress: justice; beneficence; non-maleficence and autonomy (2).Often, a dilemma which presents itself in medical practice is one caught between the two poles of beneficence and autonomy; the difficulty in supporting a patient’s right to make their own decisions contends with the medical knowledge of the consequences of those choices. Traditionally, doctors undertook a more paternalistic role, in that the apparent best outcome for the patient, the duty of beneficence, would overrule patient choice, the right of autonomy. However, more recently, this has developed into a greater stress on autonomy with the creation of an equal partnership between doctor and patient, an attitude cemented by the General Medical Council as a pillar of good medical practice (3).
    [Show full text]
  • Century Crisis Over the Adjudication of Wills
    The Origins of Forensic Psychiatry in the United States and the Great Nineteenth- Century Crisis over the Adjudication of Wills James C. Mohr Forensic psychiatry emerged as a professional activity in the United States during the first third of the nineteenth century when four major factors coalesced: the medicolegal vision of early American physicians, the introduction of new theories about insanity, the concern of early state governments with mental health, and the advent of marketplace professionalism. From the outset, forensic psychiatry found itself involved in the adjudication of wills. The evidence suggests that postmortem diagnoses of insanity were employed through the middle decades of the nineteenth century to maintain stable and predictable patterns of property conveyance in the new republic. But such diagnoses then became something of a fad, a way to raid estates. Courts and legislatures reacted against that trend during the last decades of the nineteenth century, when fundamental social stability was no longer an issue, in order to protect individual testators and limit the power of forensic psychiatry. By the early decades of the twentieth century, patterns had emerged that have since been taken as normative. When the American Republic was England and to establish instead a merit- founded in the last decades of the eigh- based system of genuine service to the teenth century, the future role of profes- people as a whole. Many of the most sionals in American society was far from prominent physicians and attorneys in the fixed. But doctors and lawyers were op- new United States of America also be- timistic. Many of them regarded the Rev- lieved that the future of both their profes- olution as a chance to throw off the thor- sions lay in cooperating with one another oughly corrupted and largely class-based and with the state.
    [Show full text]
  • Sarah Y. Vinson, M.D. 675 Seminole Ave NE, Unit T-03 — Atlanta, GA 30307 Phone: 404-249-0520 Ext
    Sarah Y. Vinson, M.D. 675 Seminole Ave NE, Unit T-03 Atlanta, GA 30307 Phone: 404-249-0520 ext. 1 Fax: 844-270-0342 E-Mail: [email protected] Website: www.DrSarahVinson.com Education Bachelors of Science, Chemistry, Summa Cum Laude April 2004 Florida Agricultural & Mechanical University Medical Degree May 2007 University of Florida College of Medicine Residency and Fellowship Training General Psychiatry Residency July 2007 – June 2011 Harvard Medical School/Cambridge Health Alliance Child and Adolescent Psychiatry Fellowship July 2010 - June 2012 Emory University School of Medicine Forensic Psychiatry Fellowship July 2012 – June 2013 Emory University School of Medicine Specialized Training Victims of Violence Program September 2009 – June 2010 Harvard Medical School/Cambridge Health Alliance Medical and Psychological Documentation of Asylum Seekers February 6, 2010 Physicians for Human Rights Training Course Forensic Interview Protocol for Children, Adolescents and Vulnerable Adults August 24-28, 2015 Cornerhouse On-Site Training Course Lean for Healthcare March 27, 2018 – March 28, 2018 Johns Hopkins Armstrong Institute for Patient Safety and Quality Licensure and Certification Board Certified in General/Adult Psychiatry, American Board of Psychiatry and Neurology as of September 13, 2012 Board Certified in Child Psychiatry, American Board of Psychiatry and Neurology as of September 23, 2013 Board Certified in Forensic Psychiatry, American Board of Psychiatry and Neurology as of October 15, 2013 Georgia Medical License as
    [Show full text]
  • Forensic Psychiatry Reading Rx for Risk on a Screen? Click on the Page Numbers Below to Be Taken Directly to That Section of the Newsletter!
    Rx FOR RISK 2017 | Volume 25 | Issue 1 IS A PRMS PUBLICATION FOR RISK Addressing risk management issues and concerns in the field of psychiatry Forensic Psychiatry Reading Rx for Risk on a screen? Click on the page numbers below to be taken directly to that section of the newsletter! Table of Contents MALPRACTICE LIABILITY FOR FORENSIC ACTIVITIES: LIABILITY IN THE ABSENCE OF A TREATMENT RELATIONSHIP 03 MYTHS & MISCONCEPTIONS: THE TREATING VS. THE FORENSIC ROLE 11 INDEPENDENT EVALUATIONS IN CHILD CUSTODY DISPUTES 13 RISK MANAGEMENT PRACTICAL POINTERS FOR PSYCHIATRIC FORENSIC PRACTICE 15 CASE PRESENTATION: INDEPENDENT MEDICAL EXAMINATION (IME) LIABILITY 19 The content of this newsletter (“Content”) is for informational purposes only. The Content is not intended to be a substitute for professional legal advice or judgment, or for other professional advice. Always seek the advice of your attorney with any questions you may have regarding the Content. Never disregard professional legal advice or delay in seeking it because of the Content. ©2017 Professional Risk Management Services, Inc. (PRMS). All rights reserved. PRMS MALPRACTICE LIABILITY FOR FORENSIC ACTIVITIES: LIABILITY IN THE ABSENCE OF A TREATMENT RELATIONSHIP Over the past several years, psychiatrists seem to be pursuing forensic work in increasing numbers. Concurrently, or perhaps in response, courts and professional oversight bodies are demonstrating an increasing interest in evaluating and holding physicians accountable for forensic activities. For example, courts have begun to depart from the traditional rule of not imposing liability on physicians for forensic activities and state medical boards, and professional associations have become more active in reviewing forensic activities. While not a major source of liability for psychiatrists, psychiatrists involved in forensics should be aware of this emerging malpractice liability trend.
    [Show full text]