foren_scope_limits_08

foren_scope_limits_08 - 1 Forensic Neuropsychology Scope...

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1 Forensic Neuropsychology Forensic Neuropsychology Scope and Limits of Neuropsychological Testimony Scope and Limits of Neuropsychological Testimony May 29, 2008 May 29, 2008 2 Class Topics Class Topics ± Description of criminal and civil process ± Professional and ethical issues for neuro-psychologists and other mental health experts ± Issues discussions: ± Should mental health practitioners be experts? ± Is our science sufficiently advanced? ± Ethical scenarios and solutions 3 Criminal Proceedings Criminal Proceedings ± Detention for probable cause (40-50% certainty) ± Booking at police station ± Initial hearing 48-72 hrs ± Defense motions and discovery ± Prima Facie showing ± Arraignment ± Trial ± Disposition ± Appeal ± Collateral Attack ± Dispositional Review ± Post-sentence Treatment Hearings 4 Civil Proceedings Civil Proceedings ± Complaint ± Pretrial Motions ± Discovery ± pretrial depositions ± interrogatories ± requests to produce ± Settlement or Trial ± civil jury returns majority verdict ± federal court: unanimous unless stipulated beforehand 5 Common Law and Statutory Duties of Evaluator I: Confidentiality Common Law and Statutory Duties of Evaluator I: Confidentiality ± Normal caveats regarding confidentiality do not normally apply; has implications for outcome of evaluation ± When defendant raises mental issue, generally forfeits right to doctor-patient privilege ± Confidentiality and prior treaters ± What patients must be told (see next slide) ± Who is the client? 6 Common Law and Statutory Duties II: Clarifying Relationships Common Law and Statutory Duties II: Clarifying Relationships ± Must clarify for all one’s various loyalties and obligations (e.g., philosophical opposition to death penalty) ± Must specify: ± who has asked you to perform evaluation ± purpose of evaluation ± who will see report ± potential future activities (e.g., deposition, trial testimony) ± Should assess patient’s understanding of these issues 7 Common Law and Statutory Duties III: Common Law and Statutory Duties III: Tarasoff Tarasoff Duty Duty
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± Duty to warn in the event of dangerousness ± General Guidelines: ± person in danger must be named or evident (doesn’t apply to overly general threats) ± notification of police, not necessarily direct warning of person, is permissible ± Question: Do you warn in a non-Tarasoff state? 8 Common Law and Statutory Duties IV: Freedom of Choice to Common Law and Statutory Duties IV: Freedom of Choice to Participate Participate ± Normally a part of clinical service delivery, informed consent is minimally relevant to forensic evaluations ± Consent to participate is patient’s choice , but (s)he should be made aware of consequences of their choice; there may be law-sanctioned consequences ± If patient declines : ± outline possible sanctions ± talk to attorney ± advise whether a report will be sent nonetheless ± don’t use scare tactics (“you’ll fry for this!”) ± Issue:
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This note was uploaded on 12/01/2011 for the course CLP 7934 taught by Professor Staff during the Summer '08 term at University of Florida.

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foren_scope_limits_08 - 1 Forensic Neuropsychology Scope...

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