Psychiatric Expert Testimony: Emerging Applications / Edition 1

by Kenneth J. Weiss, Clarence Watson

Overview

Psychiatric Expert Testimony: Emerging Applications is for practitioners who need to be at the cutting edge of admissibility in court. The book avoids standard applications, such as the insanity defense and specific capacity assessments, in favor of those that may be controversial or require evidentiary hearings. It is divided into two broad areas: human development and its deviations; and science and technology. In each chapter, the reader will find a discussion of the science behind the testimony and, where applicable, relevant case law. In the human development area, there are discussions of the genesis of moral thinking, how early trauma can affect behavior, how to approach the child witness, and how Autism Spectrum Disorder is regarded in criminal justice. In the technology area, there are diverse discussions, including sleep disorders, fMRI lie detection, the uses of neuroimaging, traumatic encephalopathy, and designer drugs. Dr. Weiss and Dr. Watson provide a framework for understanding why and how the justice system needs expert testimony and the instances where there is resistance to it. Unlike other books, which either treat the subject generally or in a prescriptive manner, Psychiatric Expert Testimony: Emerging Applications provides a foundation for practitioners to use available science and then to fashion their own work product. In this way, the expert is not held to a formula or format. By using the content of Emerging Applications, the practitioner will be better able to fashion expert reports and field questions during evidentiary hearings.

Product Details

ISBN-13:	9780199346592
Publisher:	Oxford University Press
Publication date:	02/13/2015
Pages:	208
Product dimensions:	6.00(w) x 9.30(h) x 3.00(d)

About the Author

Kenneth J. Weiss, M.D
Clinical Professor of Psychiatry, Perelman School of Medicine, University of Pennsylvania

Clarence Watson, J.D., M.D.
Clinical Assistant Professor of Psychiatry, Perelman School of Medicine, University of Pennsylvania

Table of Contents

Foreword: Robert L. Sadoff, M.D.
Introduction: Kenneth J. Weiss, M.D. and Clarence Watson, J.D., M.D.
Chapter 1. Expert Testimony: Legal Principles: Clarence Watson, J.D., M.D.
Chapter 2. Criminal Culpability: A Developmental Approach: Nicole Foubister, M.D. and Frank K. Tedeschi, M.D.
Chapter 3. Child Sexual Abuse Investigations: What Every Expert Witness Needs to Know: Julia Curcio Alexander, Ph.D., Jacqueline Block Goldstein, M.S.W., and Kenneth J. Weiss, M.D.
Chapter 4. Stress, Trauma, and the Developing Brain: John K. Northrop, M.D., Ph.D. and Steven J. Berkowitz, M.D.
Chapter 5. Autism Spectrum Disorder and Criminal Justice: Kenneth J. Weiss, M,.D. and Alexander R.N. Westphal, M.D., Ph.D.
Chapter 6. Using fMRI for Lie Detection: Ready for Court? Octavio Choi, M.D., Ph.D.
Chapter 7. Sleep Disorders and Criminal Responsibility: Clarence Watson, J.D., M.D., Mark R. Pressman, Ph.D., and Kenneth J. Weiss, M.D.
Chapter 8. Neuroimaging and Criminal Culpability: Susan E. Rushing, M.D., J.D. and Daniel Langleben, M.D.
Chapter 9. Chronic Traumatic Encephalopathy: Manish A. Fozdar, M.D. and Helen M. Farrell, M.D.
Chapter 10. Designer Drugs and Criminal Responsibility: Samson Gurmu, M.D. and Kenneth J. Weiss, M.D.

Editorial Reviews

Reviewer: Steven T Herron, MD (CPI/Assurance Health and Wellness)
Description: As science and our understanding of the brain and personality continues to expand, questions regarding the interaction between the justice system and mental health issues have become more complex and challenging. This work attempts to provide forensic practitioners with updated information which could he useful for "fashioning reports" and providing testimony.
Purpose: The editors indicate this book was published to enhance a forensic clinician's ability to "assist the justice system by demonstrating scientific progress while maintaining respect for legal traditions."
Audience: Although useful for anyone interested in learning more about the field of forensic psychiatry, this book primarily targets those who are working, or training to work, in this highly subspecialized field. Additionally, those with expertise in the field of law might find this work useful and revealing.
Features: The first of the book's two sections addresses human developmental perspectives, including topics such as child sexual abuse investigations; stress, trauma, and the developing brain; and autism spectrum disorders. The second section focuses on technological advances used to support forensic testimony and include subjects such as fMRI, neuroimaging, medications, and sleep disorders. Chapters are written by different authors and end with lists of useful references. Many of the chapters have charts and tables.
Assessment: The combination of the changing landscape of mental health and forensic knowledge and the dynamic nature of the law creates a situation in which our understanding of current standards of practice requires constant updates. This work offers a concise description of' much of the recent research in the noted areas and, more importantly, how this translates into practical use for clinicians regarding court testimony. Though the book is stylistically drab, the information is up to date, interesting, and educational. The developmental perspectives are particularly useful and, overall, this is a worthwhile contribution to a forensic psychiatrist's library.

Doody's Review Service

"It is clear that the chapter authors are very knowledgeable in their areas.
Readers get a good grasp of the topic, supplemented by excellent case examples." — Doody's Life Sciences Book Review

"The psychiatric expert witness needs an up-to-date knowledge base to facilitate both appropriate applications of emerging science and the ability to recognize questionable transgressions. In Psychiatric Expert Testimony: Emerging Applications, Weiss and Watson offer a much-needed synopsis of commonly encountered emerging issues in forensic psychiatry... There are several excellent chapters, and the one on fMRI for lie detection by Octavio Choi is among them. Like most of the topics covered in the text, the subject is one that warrants both respect for powerful technology and impressive progress in terms of research findings, and consideration for persisting limitations and many unknowns. All said, Psychiatric Expert Testimony represents an informative and enjoyable text that will enhance the practice of forensic psychiatrists who read it." — Hal S. Wortzel, M.D., American Journal of Psychiatry

"I recommend this book as an introduction to cutting-edge developments in psychiatry and the law, such as using neuroimaging in courts, evaluating children who have been victims of sexual abuse, weighing the impact of autism spectrum disorders on alleged criminal behavior, and assessing juvenile maturity for purposes of bindover to the adult justice system. It is a well-researched, highly readable, and timely exploration of new and important topics. It integrates current scientific knowledge with recent case law to provide practical advice to experts testifying in these new areas." — Sherif Soliman, Journal of the American Academy of Psychiatry and the Law

From the Publisher