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The American Psychiatric Publishing Textbook of Forensic Psychiatry / Edited by Robert I THE A MERICAN PSYCHIATRIC P UBLISHING TEXTBOOK OF FORENSIC PSYCHIATRY SECOND EDITION This page intentionally left blank THE A MERICAN PSYCHIATRIC P UBLISHING TEXTBOOK OF FORENSIC PSYCHIATRY SECOND EDITION Edited by Robert I. Simon, M.D. Liza H. Gold, M.D. Washington, DC London, England Note: The authors have worked to ensure that all information in this book is accurate at the time of publication and consistent with general psychiatric and medical standards, and that information concerning drug dosages, schedules, and routes of administration is accurate at the time of publication and consistent with standards set by the U.S. Food and Drug Administration and the general medical community. As medical research and practice con- tinue to advance, however, therapeutic standards may change. Moreover, specific situations may require a specific therapeutic response not included in this book. For these reasons and because human and mechanical errors sometimes occur, we recommend that readers follow the advice of physi- cians directly involved in their care or the care of a member of their family. Books published by American Psychiatric Publishing, Inc., represent the views and opinions of the individual authors and do not necessarily represent the policies and opinions of APPI or the American Psychiatric Association. If you would like to buy between 25 and 99 copies of this or any other APPI title, you are eligible for a 20% discount; please contact APPI Customer Service at ap- [email protected] or 800-368-5777. If you wish to buy 100 or more copies of the same title, please e-mail us at [email protected] for a price quote. Copyright © 2010 American Psychiatric Publishing, Inc. ALL RIGHTS RESERVED Manufactured in the United States of America on acid-free paper 14 13 12 11 10 5 4 3 2 1 First Edition Typeset in Adobe’s Berkeley and Kabel American Psychiatric Publishing, Inc. 1000 Wilson Boulevard Arlington, VA 22209-3901 www.appi.org Library of Congress Cataloging-in-Publication Data The American Psychiatric Publishing textbook of forensic psychiatry / edited by Robert I. Simon, Liza H. Gold. — 2nd ed. p. ; cm. Other title: Textbook of forensic psychiatry Includes bibliographical references and index. ISBN 978-1-58562-378-5 (hardcover : alk. paper) 1. Forensic psychiatry. I. Simon, Robert I. II. Gold, Liza H., 1958– III. Title: Textbook of forensic psychiatry. [DNLM: 1. Forensic Psychiatry. W 740 A5127 2010] RA1151.A47 2010 614′.15—dc22 2010004299 British Library Cataloguing in Publication Data A CIP record is available from the British Library. Our knowledge is the amassed thought and experience of innumerable minds. Ralph Waldo Emerson (1803–1882) This text is dedicated to our professional colleagues, whose commitment to ethical practice and excellence continues to advance the field of forensic psychiatry. This page intentionally left blank Contents Contributors . xi Foreword. xv Paul S. Appelbaum, M.D. Preface. xix Robert I. Simon, M.D. Liza H. Gold, M.D. Acknowledgments . xxiii PART I INTRODUCTION TO FORENSIC PSYCHIATRY 1 Rediscovering Forensic Psychiatry. 3 Liza H. Gold, M.D. 2 Introduction to the Legal System . 43 Daniel W. Shuman, J.D. 3 Starting a Forensic Practice . 63 Liza H. Gold, M.D. Steven H. Berger, M.D. 4 The Expert Witness. 93 Thomas G. Gutheil, M.D. 5 Ethics in Forensic Psychiatry . 111 James L. Knoll IV, M.D. 6 Psychiatric Diagnosis in Litigation . 151 Robert I. Simon, M.D. Liza H. Gold, M.D. 7 The Forensic Psychiatric Examination and Report . 175 Robert M. Wettstein, M.D. PART II CIVIL LITIGATION 8 Professional Liability in Psychiatric Practice and Requisite Standard of Care . 207 Donald J. Meyer, M.D. Robert I. Simon, M.D. Daniel W. Shuman, J.D. 9 Competencies in Civil Law . 227 Alan A. Abrams, M.D., J.D. 10 Personal Injury Litigation and Forensic Psychiatric Assessment. 261 J. Richard Ciccone, M.D. Joshua C.W. Jones, M.D. 11 Disability . 283 Albert M. Drukteinis, M.D., J.D. 12 The Workplace. 303 Liza H. Gold, M.D. PART III ISSUES IN CRIMINAL JUSTICE 13 Competency to Stand Trial and the Insanity Defense. 337 Charles L. Scott, M.D. 14 Forensic Assessment of Sex Offenders . 373 John Bradford, M.D., FRCPC Brad Booth, M.D., FRCPC Michael C. Seto, Ph.D. 15 Correctional Psychiatry . 395 Jeffrey L. Metzner, M.D. Joel A. Dvoskin, Ph.D., ABPP 16 Forensic Psychiatry and Law Enforcement . 413 Debra A. Pinals, M.D. Marilyn Price, M.D. PART IV SPECIAL TOPICS 17 Malingering . 453 H. W. LeBourgeois III, M.D. John W. Thompson Jr., M.D. F. William Black, Ph.D. 18 Children and Adolescents . 483 Peter Ash, M.D. 19 Forensic Geriatric Psychiatry . 505 Stephen L. Read, M.D. Robert Weinstock, M.D. 20 Personal Violence . 529 Alan R. Felthous, M.D. 21 Understanding Risk Assessment Instruments. 563 Douglas Mossman, M.D. 22 Forensic Psychiatry and the Internet . 587 Patricia R. Recupero, J.D., M.D. 23 Psychological Testing in Forensic Psychiatry. 617 Madelon V. Baranoski, Ph.D. Appendix: Glossary of Legal Terms . 659 Subject Index . 671 Legal Case Index . 699 Contributors Alan A. Abrams, M.D., J.D. Professor of Clinical Psychiatry, Georgetown University Hospital, Washing- ton, D.C. Paul S. Appelbaum, M.D. Elizabeth K. Dollard Professor of Psychiatry, Medicine and Law; Director, Division of Law, Ethics and Psychiatry, Department of Psychiatry, Columbia University/ New York State Psychiatric Institute, New York, New York Peter Ash, M.D. Director, Psychiatry and Law Service; Chief, Child and Adolescent Psychia- try; and Associate Professor, Department of Psychiatry and Behavioral Sci- ences, Emory University, Atlanta, Georgia Madelon V. Baranoski, Ph.D. Associate Professor, Law and Psychiatry, Department of Psychiatry, Yale Uni- versity School of Medicine, New Haven, Connecticut Steven H. Berger, M.D. Volunteer Clinical Assistant Professor of Psychiatry, Indiana University School of Medicine, Lafayette, Indianapolis, Indiana F. William Black, Ph.D. Emeritus Professor of Psychiatry and Neurology, Department of Psychiatry and Neurology, Tulane University School of Medicine, New Orleans, Louisiana Brad Booth, M.D., FRCPC Forensic Psychiatrist, St. Lawrence Valley Correctional & Treatment Centre— Secure Treatment Unit, Royal Ottawa Mental Health Centre; Assistant Professor, Department of Psychiatry, Division of Forensic Psychiatry, University of Ottawa; Education Director, Integrated Forensic Program, Ottawa, Ontario, Canada John Bradford, M.D., FRCPC Professor and Head, Division of Forensic Psychiatry, University of Ottawa; Professor of Psychiatry, Queen’s University; Professor, School of Criminol- ogy, University of Ottawa; Associate Chief (Forensic), Royal Ottawa Health- care Group, Brockville Mental Health Centre, Brockville, Ontario, Canada xi xii TEXTBOOK OF FORENSIC PSYCHIATRY, SECOND EDITION J. Richard Ciccone, M.D. Professor of Psychiatry and Director, Psychiatry and Law Program, Univer- sity of Rochester Medical Center, Rochester, New York Albert M. Drukteinis, M.D., J.D. Adjunct Associate Professor of Psychiatry, Dartmouth Medical School; Director, New England Psychodiagnostics, Manchester, New Hampshire Joel A. Dvoskin, Ph.D., ABPP Clinical Assistant Professor, Department of Psychiatry, University of Arizona College of Medicine, Tucson, Arizona Alan R. Felthous, M.D. Professor and Director, Forensic Psychiatry Division, Department of Neurology and Psychiatry, Saint Louis University School of Medicine, St. Louis, Missouri Liza H. Gold, M.D. Clinical Professor of Psychiatry and Associate Director, Program in Psychia- try and Law, Department of Psychiatry, Georgetown University School of Medicine, Washington, D.C. Thomas G. Gutheil, M.D. Professor of Psychiatry, Department of Psychiatry, Beth Israel-Deaconess Medical Center, Harvard Medical School, Boston, Massachusetts Joshua C.W. Jones, M.D. Clinical Assistant Professor of Psychiatry and Director of Education, Psychiatry and Law Program, University of Rochester Medical Center, Rochester, New York James L. Knoll IV, M.D. Associate Professor of Psychiatry and Director of Forensic Psychiatry, SUNY Upstate Medical University, Syracuse, New York; Director, Forensic Psychi- atry Fellowship, Central New York Psychiatric Center, Marcy, New York H. W. LeBourgeois III, M.D. Assistant Professor of Psychiatry; Director, Forensic Psychiatry Fellowship, Department of Psychiatry and Neurology, Tulane University School of Med- icine, New Orleans, Louisiana Jeffrey L. Metzner, M.D. Clinical Professor of Psychiatry, University of Colorado School of Medicine, Denver, Colorado Donald J. Meyer, M.D. Associate Director of Forensic Psychiatry, Beth Israel Deaconess Medical Cen- ter; Assistant Clinical Professor of Psychiatry, Harvard Medical School, Boston, Massachusetts Contributors xiii Douglas Mossman, M.D. Director, Glenn M. Weaver Institute of Law and Psychiatry, University of Cincinnati College of Law; Adjunct Professor of Clinical Psychiatry, Univer- sity of Cincinnati College of Medicine, Cincinnati, Ohio Debra A. Pinals, M.D. Director, Forensic Education and Associate Professor of Psychiatry, Law and Psychiatry Program, Department of Psychiatry, University of Massachusetts Medical School, Worcester, Massachusetts Marilyn Price, M.D. Clinical Instructor in Psychiatry, Harvard Medical School; Law and Psychia- try Service, Massachusetts General Hospital, Boston, Massachusetts Stephen L. Read, M.D. Clinical Professor Psychiatry, Department of Psychiatry and Biobehavioral Sciences, David Geffen School of Medicine, University of California, Los An- geles; and Psychiatrist, Greater Los Angeles Veterans
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