Law and Mental Health; A Case-Based Approach

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Edition: 1st
Format: Hardcover
Pub. Date: 2005-12-15
Publisher(s): The Guilford Press
List Price: $65.07

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Summary

This volume presents classic and contemporary legal cases that have set important precedents related to 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. Engagingly written, the book brings to life the details of each case and the personal stories involved, while also providing a solid introduction to foundational issues in the field. Forensic and clinical professionals will find this a highly informative resource, and it will also be useful for undergraduate- and graduate-level courses and professional training.

Author Biography

Robert G. Meyer, PhD, is a Full Professor of Psychology at the University of Louisville. He received his MA and PhD from Michigan State University, is board-certified by the American Board of Professional Psychology in both clinical and forensic psychology, and is a fellow in Divisions 12 (Clinical) and 41 (Law and Psychology) of the American Psychological Association. Dr. Meyer has published over 60 articles, 23 book chapters, and 14 books. He is past editor of the [i]Bulletin of the American Academy of Forensic Psychology[/i] and a past-president of the Kentucky Psychological Association. He received the regional Grawemeyer Award (with Steven Smith) from the University of Louisville for innovative curriculum development for their course in law and psychology.

Christopher M. Weaver, PhD, is currently a Research Fellow at the University of California/n-/San Francisco (funded by the National Institutes of Health). Dr. Weaver received his MA and PhD in Clinical Psychology from the University of Louisville, where his research focused on the assessment of psychopathy and recidivism risk in sex offenders. He received the Grawemeyer Fellowship Award for outstanding psychology research while at the University of Louisville, where he continues collaborative research with the Kentucky Department of Corrections. Dr. Weaver is coauthor (with Robert G. Meyer) of [i]The Clinician's Handbook, Fifth Edition[/i]; has published and presented on sexual addiction, execution of offenders with mental retardation, and professional issues in forensic psychology; and was assistant editor of the [i]Bulletin of the American Academy of Forensic Psychology[/i].

Table of Contents

Introduction: Law and Mental Health 1(18)
PART I. PSYCHOLOGICAL ISSUES AND INVOLVEMENT IN BASIC COURTROOM PROCEEDINGS 19(36)
Chapter 1 Jury Selection and Process: Precedent Impacting Jury Consultation and Research
21(15)
FEATURED CASES
The Case of the Mitchell—Stans Conspiracy Trial: The Importance of Consistent Jury Selection Procedures
26(5)
The Case of Batson v. Kentucky (1986): Juror Race in Jury Selection
31(5)
Chapter 2 Admission of Expert Testimony and the Eyewitness
36(19)
FEATURED CASES
The Case of Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993): The Evolution of Qualifications for the Admissibility of Expert Testimony
40(3)
The Case of Kumho Tire Co. v. Carmichael (1999): Clarifying the Applicability of Daubert
43(7)
The Case of People v. LeGrand (2002): General Acceptance in a Field and a Misapplication of Expert Testimony
50(5)
PART II. LEGAL PRECEDENT IN EVERYDAY CLINICAL PRACTICE 55(36)
Chapter 3 Informed Consent
57(13)
FEATURED CASES
The Case of Miranda v. Arizona (1966): The Importance of Disclosure
58(7)
The Case of Zinermon v. Burch (1990): The Importance of Capacity
65(5)
Chapter 4 Confidentiality and Privileged Communication
70(11)
FEATURED CASES
The Case of In re Lifschutz (1970): Therapist—Patient Privilege and Privilege Waiver
73(4)
The Case of Jaffee v. Redmond (1996): Broadening Therapist—Client Privilege
77(4)
Chapter 5 Duty to Warn and Protect
81(10)
FEATURED CASES
The Case of Tarasoff v. the Regents of the University of California (1976): Dangerousness to Others and the Duty to Warn and Protect
83(4)
The Case of Almonte v. New York Medical College (1994): Duty to Warn and Protect a Nonspecified Victim
87(2)
The Case of Garner v. Stone (1973): Confidentiality and the Duty Not to Warn and Protect
89(2)
PART III. CLINICAL FORENSIC EVALUATION 91(70)
Chapter 6 Competency
93(21)
FEATURED CASES
The Case of Dusky v. U.S. (1959): Defining Competency to Stand Trial
95(11)
The Case of Godinez v. Moran (1993): The Constitutional Basis for Separate Competencies
106(8)
Chapter 7 Insanity and Criminal Responsibility
114(13)
FEATURED CASES
The Case of In re M'Naughten (1843): The First Formal Test of Criminal Responsibility
116(4)
The Case of John Hinckley: Public Outcry Spurring Insanity Defense Reform
120(7)
Chapter 8 Civil Commitment and Dangerousness
127(16)
FEATURED CASES
The Case of O'Connor v. Donaldson (1975): The Criteria for Involuntary Commitment
131(8)
The Case of Foucha v. Louisiana (1992): Dangerousness and Mental Illness as Criteria for Indefinite Commitment
139(4)
Chapter 9 Hypnosis and the Polygraph
143(18)
FEATURED CASES
The Case of the Hillside Strangler: The Veracity of Hypnosis in a Forensic Setting
147(4)
The Case of Rock v. Arkansas (1987): U.S. Supreme Court Acknowledgment of Hurd Criteria
151(6)
The Case of U.S. v. Scheffer (1998): Polygraph Admissibility in the Wake of Frye and Daubert
157(4)
PART IV. CIVIL RIGHTS AND CIVIL LAW 161(44)
Chapter 10 Sexual Orientation and Civil Rights
163(15)
FEATURED CASES
The Case of Kentucky v. Wasson (1992): State Extension of Privacy and Equal Protection Rights in the Absence of Federal Protection
166(5)
The Case of DeLong v. DeLong (1998): Maintaining the "Best Interests of the Child"
171(7)
Chapter 11 Personal Injury: Court Proceedings and Assessment of Psychological Damages
178(13)
FEATURED CASES
The Case of Dillon v. Legg (1968): Redefining the "Zone of Danger" for Emotional Damages
182(3)
The Case of Molzof v. U.S. (1992): Collecting Damages for "Lost Pleasure of Life"
185(3)
The Case of BMW v. Gore (1996): Guidelines for Calculating Punitive Damages
188(3)
Chapter 12 Prisoners' Rights to Medical and Mental Health Treatment
191(14)
FEATURED CASES
The Case of Vitek v. Jones (1980): Due Process and Civil Commitment of Prisoners
193(2)
The Case of Washington v. Harper (1990): Due Process and Involuntary Medication of Prisoners
195(3)
The Case of Riggins v. Nevada (1992): Forced Medication to Achieve Competency
198(7)
PART V. SPECIFIC MENTAL DIAGNOSES IN THE LAW 205(46)
Chapter 13 Alcohol and Drug Abuse and Dependence
207(12)
FEATURED CASES
The Case of Robinson v. California (1962): Is Being Addicted a Crime?
209(4)
The Case of Montana v. Egelhoff (1996): Voluntary Intoxication and Criminal Intent
213(6)
Chapter 14 Mental Retardation
219(15)
FEATURED CASES
The Case of Pennhurst State School and Hospital: The Slow Start on the Path to Civil Rights and Remedies
221(1)
Halderman v. Pennhurst
222(2)
The Case of Youngberg v. Romeo (1982): A Constitutional Right to Treatment and Services
224(3)
The Case of Atkins v. Virginia (2002): Execution of Offenders with Mental Retardation
227(7)
Chapter 15 Psychopathy and Antisocial Personality Disorder
234(17)
FEATURED CASE
The Case of John Wayne Gacy: An Illustration of Psychopathy in a Serial Murderer
238(13)
PART VI. VIOLENT CRIMINALS AND VIOLENT CRIME 251(48)
Chapter 16 Criminal Psychological Profiling
253(16)
FEATURED CASES
The Case of the Mad Bomber
253(7)
The Case of Pennell v. State of Delaware (1991): Profile "Fit" Establishes Probable Cause to Investigate
260(9)
Chapter 17 The Death Penalty
269(16)
FEATURED CASES
The Case of Furman v. Georgia (1972): Procedural Technicalities and Death Penalty Constitutionality
271(2)
The Case of Gregg v. Georgia (1976): The Importance of Aggravating Circumstances
273(4)
The Case of Wainwright v. Witt (1985): Striking Jurors for Death Qualification
277(8)
Chapter 18 Sex Offenders: Community Notification and Predator Commitment
285(14)
FEATURED CASES
The Case of New jersey v. Timmendequas (1999): Spurring Community Notification Legislation
287(6)
The Case of Kansas v. Hendricks (1997): The Constitutionality of Sexual Predator Laws
293(6)
PART VII. JUVENILES IN THE LEGAL SYSTEM 299(64)
Chapter 19 Juvenile Law and School Law
301(18)
FEATURED CASE
The Case of Brown v. Board of Education (1954): The Inequality of "Separate but Equal"
307(12)
Chapter 20 Capital Punishment of Juveniles
319(15)
FEATURED CASES
The Case of Thompson v. Oklahoma (1998): A Minimum Age for Capital Punishment
320(4)
The 1989 Cases of Stanford v. Kentucky and Wilkins v. Missouri: Capital Sentencing of 16- and 17-Year-Olds
324(5)
The Case of Roper v. Simmons (2005): Abolishing the Juvenile Death Penalty
329(5)
Chapter 21 Child Abuse
334(15)
FEATURED CASES
The Case of Landeros v. Flood (1976): Mandated Reporting of Suspected Child Abuse
336(2)
The Case of DeShaney v. Winnebago County (1989): A Duty to Protect?
338(4)
The Case of State v. Huss (1993): Child Testimony and Suggestibility
342(7)
Chapter 22 Child Custody
349(14)
FEATURED CASES
The Case of Painter v. Bannister (1966a, 1966b): Establishing the Concept of "Psychological Parent"
351(6)
The Case of Santosky v. Kramer (1982): Standard of Proof for Terminating Parental Rights
357(6)
References 363(18)
Index 381

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