Retrospective Assessment of Mental States in Litigation

Predicting the Past

Robert I. Simon, Daniel W. Shuman, Robert I. Simon, Daniel W. Shuman

• Publisher: American Psychiatric Association Publishing
• Year: 2008
• Print ISBN: 9781585620012
• eBook ISBN: 9781585627790
• Topic: Medicine
• Subtopic: Psychiatry & Mental Health

"Why did the defendant do it?"

Mental health professionals are asked to help courts answer this question. To serve justice, the law calls for evidence of the mental state at the time a crime is committed, of suicide intent in civil litigation, and of mental capacity in contract litigation. The law asks psychiatrists and psychologists to retrospectively determine mental states -- a daunting task made even more difficult by the passage of time, the uncertain credibility of witnesses, the paucity of collateral sources of information, and often the death of the person in question.

This is the first book dedicated entirely to the retrospective assessment of mental states. This fascinating book explores the role of the psychiatrist and psychologist, as an expert witness in litigation, in rendering a retrospective judgment of an individual's mental state. Distinguished contributors apply their expertise in psychiatry, psychology, and the law to address the problems of retrospective assessment. With the goal of developing guidelines for more accurate retrospective assessment of mental states, they present topics such as • Guidelines for conducting retrospective assessments in children and adults • Guidelines for the retrospective assessment without benefit of direct examination • Assessments of suicide cases in both civil and criminal litigation• Psychological testing and interviewing techniques that may assist in retrospective assessment • Methods and analysis to help clinicians and attorneys critically evaluate the search for "truth" about the past.

This remarkable book will prove indispensable for helping clinicians, lawyers, and judges better understand the complex and difficult process of retrospective reconstruction of mental states.

Table of contents

• Cover
• TOC$Contents
• Contributors
• Acknowledgments
• Introduction
• Note on Terminology
• CH$1 Retrospective Assessment of Mental States in Criminal and Civil Litigation: A Clinical Review
• CH$2 Retrospective Assessment of Mental States and the Law
• CH$3 What Can We Ever Know About the Past? A Philosophical Consideration of the Assessment of Retrospective Mental States
• CH$4 Assessment of Mental State at the Time of the Criminal Offense: The Forensic Examination
• CH$5 Retrospective Assessment of Malingering in Insanity Defense Cases
• CH$6 Murder, Suicide, Accident, or Natural Death? Assessment of Suicide Risk Factors at the Time of Death
• CH$7 Retrospective Assessment of Children’s Mental States
• CH$8 The Past as Prologue: Assessment of Future Violence in Individuals With a History of Past Violence
• CH$9 Evaluating Mental States Without the Benefit of a Direct Examination: Basic Concepts and Ethical and Legal Implications
• CH$10 Validating Retrospective Assessments: An Overview of Research Models
• CH$11 What Can Psychologists Contribute to the Examination of Memory and Past Mental States?
• CH$12 Psychiatric Diagnoses and the Retrospective Assessment of Mental States
• CH$13 Special Methodologies in Memory Retrieval: Chemical, Hypnotic, and Imagery Procedures
• CH$14 Competence and Mental Impairment
• CH$15 Remembering the Future: Policy Implications for the Forensic Assessment of Past Mental States
• IDX$Index