YEAR

EXPERTS IN COURT

AUTHOR SOURCE SELECTION ABSTRACT
2009 A forensic approach for the anabolic-androgenic steroid use in the mitigation of criminal behavior George Glass MD psychiatry journal 6221 The use of anabolic steroids to enhance sports performance has been recognized for many years. The positive effect of these agents on the muscle development and physical endurance of professional athletes has been widely publicized, but these substances also have many negative side effects. They can cause individuals to become moody, aggressive, self-centered, and irritable, to the extent that their personalities are altered. This article re-views some of the negative effects of anabolic steroids, particularly as they relate to mental status and behavior such that a normal individual who uses these substances would even commit a crime. Three cases are reviewed in which the use of anabolic-androgenic steroids was associated with crimes after the individual s behavior was noted to be aberrant, and ego-dystonic. These individuals were historically not sociopaths, their criminal behavior was unexpected, and was described as out of character by their family and friends. Their use of these agents on a regular basis coincided with dramatic personality changes. Strikingly, their personalities reverted back to their premorbid style after they were off steroids, despite the associ-ated stress of their legal situations. In each case, the attorneys used the indi-vidual s steroid use to explain what happened, and then focused on it in an effort to mitigate sentencing. It is hoped that the information provided about the effects of anabolic steroids, combined with the case histories presented, will help others as they deal with similar situations.
2009 Fundamentals-what criminal defense lawyers expect from a forensic psychiatrist John Philipsborn MEd, JD Psychiatry CD 10563 Forensic psychiatrists and criminal defense lawyers working together have expectations of one another. The presenter will review what expectations experienced criminal defense lawyers have of their experts in forensic psychiatry, in-cluding familiarity with relevant legal standards, knowledge of current literature, and familiarity with the differences between legal and clinical definitions. Attendees will be able to describe what literature, basic information, and stan-dards they should be conversant in when taking on criminal case assignments. John T. Philipsborn is a criminal dfense lawyer in San Francisco. He has figured in more than 70 reported decisions, and often published on issues involving forensic mental health expertise and the law. He has also qualified in trial courts several times as an expert on the assessment of competence to stand trial.
2009 Interactive forensic skills workshop-role of the psychiatrist in criminal litigation Steven Pinkert MD, JD, MBA Carla Rodgers MD
Clarence Watson JD, MD
Psychiatry CD 10565 This practical workshop will focus on advanced issues that confront psychiatrists in criminal law cases, an interactive session involving moderator, panelists, and the audience. Vignettes submitted to the panel by practicing forensic psychiatrists will be read aloud and discussed by the panel and by the audience. The vignettes describe problems and experiences that forensic psychiatrists often confront in their practices and in court. Attendees should be able to understand their colleagues approach to issues that routinely confront forensic psychiatrists, and to share in practical methods for dealing with such procedural and substantive challenges. Steven Pinkert, M.D., J.D., MBA of the Pinkert Law Firm in Miami, practices in the areas of professional discipline, complex medical/technical litigation, admiralty, and patent law. Prior to law he practiced clinical psychiatry. Panelists: Carla Rodgers, M.D. is Clinical Assistant Professor at University of Pennsylvania Medical School and in private practice of forensic psychiatry in the Philadelphia area. Clarence Watson, J.D., M.D. is the Clinical Director of Forensic Services at Delaware Psychiatric Center in New Castle, Delaware.
2009 Forensic skills workshop-role of the psychiatrist in civil litigation Albert Drukteinis MD
Douglas Anderson M
James McDonald Jr
Timothy Michals MD
Psychiatry CD 10557 This practical workshop will focus on advanced issues that confront psychiatrists in civil law cases, an interactive session involving moderator, panelists, and the audience. Vignettes submitted to the panel by practicing forensic psychiatrists will be read aloud and discussed. The vignettes describe problems and experiences that forensic psychiatrists often confront in their practices and in court. These will include procedural problems, such as ethical or practical issues in performing evaluations; dealing with courts, attorneys, or opposing experts; as well as substantive problems, such as dilemmas that come up in difficult cases, reliability of psychiatric opinion, and testimony. Attendees should be able to understand their colleagues approach to issues that routinely confront forensic psychiatrists, and to share in practical methods for dealing with such procedural and substantive challenges. Moderator: Albert M Drukteinis, M.D., J.D., Adjunct Associate Professor of Psychiatry at Dartmouth Medical School, and Director of New England Psychodiagnostics, specializing in personal injury and employment stress claims. Panelists: Douglas Anderson, M.D. is in private practice in New York City; James J. McDonald, Jr., J.D. is a managing partner of the Irvine, CA office of Fisher & Phillips; Timothy J. Michals, M.D. is Clinical Assistant Professor of Psychiatry and Director of the Division of Foren-sic Psychiatry at Jefferson Medical College in Philadelphia.
2009 Mitigation strategies in criminal cases Valerie McClain PsyD psychology CD 10583 This presentation focuses on the role of the forensic psychologist in providing mitigation in the criminal arena including both capital and non-capital cases. Psychological interview techniques, assessment tools and expert testimony that assists in providing effective mitigation efforts will be addressed. Strategies for working with the defense team and judicial system for optimal outcomes will be provided including initial planning stages, preparation for hearings and trial testimony. Specific emphasis will be placed on a conceptual approach that allows for maximum benefit from the forensic expert s efforts. Case examples will be used to illustrate both the technical and strategic aspects of successful mitigation efforts. Valerie R. McClain, Psy.D. is in private practice in forensic psychology and neuropsychology in Tampa, Florida.
2009 Forensic skills workshop-role of the psychologist in civil and criminal litigatioin Dr Elliot Atkins psychology CD 10593 A forensic skills forum will focus on issues in civil and criminal law that interface with psychology and expert testimony by psychologists. This is an interactive session involving moderator, panelists and audience on advanced ethical and practice issues confronting the forensic psychologist. Vignettes submitted to the panel by practicing forensic psychologists will be read aloud and discussed. The vignettes describe problems and experiences that forensic psychologists often confront in their practices and in court. Attendees will be exposed to a wide variety of forensic cases and problems in civil and criminal areas. Dr. Elliot Atkins (Moderator) is in private practice in Pennsylvania and New Jersey. Panelists: Martin H. Williams, Ph.D. and Art Donato, J.D. Mr. Donato is a criminal trial attorney in Media, Pennsylvania.
2009

Expert witness mental health testimony: handling deposition traps

 

Donald A. Eisner, Ph.D., J.D psychology CD 10601 An expert witness in a deposition usually is subjected to intense questioning. There are a number of landmines that emerge. The presentation focuses on four areas: credibility trap, conflict of interest trap, invasion of privacy trap, and hypothetical question trap. Attendees should learn how to deal with intense questions during oral depositions; the various ways opposing attorneys try to destroy expert witness credibility; ways to avoid being ensnared in the deposition traps. Donald Eisner is a licensed psychologist and attorney. He has represented plaintiffs in psychotherapy malpractice actions, therapists in front of licensing boards, and has been an expert witness in state and federal court.
2009 Adaptive behavior misconceptions about criminal defendants with a mental retardation claim-a response to Widman and Siperstein George Denkowski PhD psychology journal 10780 Upon conducting national surveys over two decades ago regarding mentally retarded offenders in the United States criminal justice system (1, 2), it became evident to us that no standardized instrument had been developed for quantifying accurately the adaptive behavior of members of that sociocultural subgroup. This void persists, and its adverse impact has been exacerbated by many misconceptions that have been injected into criminal proceedings involving a mental retardation claim. As a result, adaptive behavior evaluation has become a focal point of controversy among psychologists. We therefore expected that some opposition would be expressed to the adaptive behavior evaluation model that we introduced recently (3). But our methodology is theoretically sound and has been well-received by fact finders. Moreover, no other system has been proposed in the professional literature which systematically, transparently and quantitatively accounts for the shortcomings inherent in the use of contemporary standardized instruments to establish the adaptive behavior of criminal defendants. We respond here to the reservations Widaman and Siperstein expressed in this issue regarding our evaluation model (4). We begin by outlining its procedures, and then examine each of their concerns.
2008 Restrictions on expert testimony Ralph Slovenko JD, PhD

In this presentation the following topics are discussed: the trial judge as gatekeeper, right of confrontation, testimony on ultimate issue, form of testimony, special rules on qualification of experts, ethics guidelines, treating therapist as expert, forensic consultation in states in which the expert is not licensed, and suspension or termination of professional license.
2008 An acute interest in bad behavior - criminal profiling Timothy Michals MD and Steven Samuel PhD

A forensic psychiatric profiler is a consultant and investigator who fuses professional experience on the scratchpad of personal intuition and data from crime scenes, victims, and witnesses, to draw a portrait of the type of individual who perpetrated a crime. Various forms of profiling are used to answer four basic questions: who, why, what and when. Crimes benefiting from profiling are those which are seemingly inexplicable, sadistic, bizarre, and apparently motiveless. With few exceptions, the forensic psychiatric profiler's treatise is not admissible in evidence. Despite this, and the lack of scientific evidence with which to assess its validity, criminal profiling is widely used, its status remains largely undisputed, and it has been utilized to apprehend some of the world's most notorious offenders.
2008 What treating doctors do now know in civil forensic situations and do not know that they do not know F.W Furlong, MD


Most forensic psychiatrists at some point in cross examination have been asked, or will be asked, whether they would not agree that a treating psychiatrist, psychoanalyst or family doctor who has known the patient for decades must know the patient/examinee better than the forensic expert. The answer should be a clear and confident no--I do not agree that such an assumption is reasonable, and moreover that is rarely the case. Support for this view of the forensic deficiencies in the evidence of treating doctors lies in the literature on compliance and medication problems, psychotherapy research on non disclosure, the role of illegal drugs and alcohol in non disclosure and injury and research on the social attitudes of physicians about "faking" psychiatric diagnoses. Attendees should be able, having absorbed this material, to handle this question with confidence.
2008 Forensic skills workshop: role of the psychiatrist in civil litigation

Albert Drukteinis MD, JD
Douglas Anderson MD
Eric Fine MD
Alan Abrams MD, JD



This practical workshop will focus on advanced issues that confront psychiatrists in civil law cases, an interactive session involving moderator, panelists, and the audience. Vignettes submitted to the panel by practicing forensic psychiatrists will be read aloud and discussed. The vignettes describe problems and experiences that forensic psychiatrists often confront in their practices and in court. These will include procedural problems, such as ethical or practical issues in performing evaluations; dealing with courts, attorneys, or opposing experts; as well as substantive problems, such as dilemmas that come up in difficult cases, reliability of psychiatric opinion, and testimony
2008 Forensic skills workshop: role of the psychiatrist in criminal litigation Steven Pinkert, MD, JD

This practical workshop will focus on advanced issues that confront psychiatrists in criminal law cases, an interactive session involving moderator, panelists and the audience. Vignettes submitted to the panel by practicing forensic psychiatrists will be read aloud, discussed by the panel and by the audience.
2008 Adaptive behavior assessment of criminal defendants with a mental retardation claim George Denkowski PhD and Kathryn Denkowski EdD psychology journal 7001 no abstract now
2008 Aliases, nicknames, and epithets in criminal law-commentary Ralph Slovenko HD, PhD psychiatry journal 8017 What about aliases, nicknames, and epithets in criminal law? Arguably, they may be used to establish identity, credibility, or propensity.
2008 RESTRICTIONS ON EXPERT TESTIMONy Ralph Slovenko, J.D., Ph.D. psychiatry CD 10610 In this presentation the following topics are discussed: 1) the trial judge as gatekeeper, 2) right of confrontation, 3) testimony on ultimate issue, 4) form of testimony, 5) special rules on qualification of experts, 6) ethics guidelines, 7) treating therapist as expert, 8) forensic consultation in states in which the expert is not licensed, and 9) suspension or termination of professional license.--Ralph Slovenko Ph.D., J.D. is Professor of Law and Psychiatry at Wayne State University Law School in Detroit Michigan, and author of the 2-volume Psychiatry in Law/Law in Psychiatry (Brunner-Routledge, 2002).
2008 AN Acute interest in bad behavior: criminal profiling Timothy J. Michals, M.D.
Steven E. Samuel, Ph.D.
psychiatry CD 10611 A forensic psychiatric profiler is a consultant and investigator who fuses professional experience on the scratchpad of personal intuition and data from crime scenes, victims, and witnesses, to draw a portrait of the type of individual who perpetrated a crime. Various forms of profiling are used to answer four basic questions: who, why, what and when. Crimes benefiting from profiling are those which are seemingly inexplicable, sadistic, bizarre, and apparently motiveless. With few exceptions, the forensic psychiatric profiler's treatise is not admissible in evidence. Despite this, and the lack of scientific evidence with which to assess its validity, criminal profiling is widely used, its status remains largely undisputed, and it has been utilized to apprehend some of the world's most notorious offenders.--Timothy J. Michals, M.D. is Clinical Assistant Professor of Psychiatry and Director of the Division of Forensic Psychiatry at Jefferson Medical College in Philadelphia. Steven E. Samuel, Ph.D. is a clinical and forensic psychologist in Philadelphia.
2008 What treating doctors do not know in civil forensic situations, and do not know that they do not know
F. Wayne Furlong, M.D., FRCP (C) psychiatry CD 10614 Most forensic psychiatrists at some point in cross examination have been asked, or will be asked, whether they would not agree that a treating psychiatrist, psychoanalyst or family doctor who has known the patient for decades must know the patient/examinee better than the forensic expert. The answer should be a clear and confident no--I do not agree that such an assumption is reasonable, and moreover that is rarely the case. Support for this view of the forensic deficiencies in the evidence of treating doctors lies in the literature on compliance and medication problems, psychotherapy research on non disclosure, the role of illegal drugs and alcohol in non disclosure and injury and research on the social attitudes of physicians about "faking" psychiatric diagnoses. Attendees should be able, having absorbed this material, to handle this question with confidence.--Dr. Furlong is a fellow of the Royal College, Canada, and certified in forensic psychiatry (ABPN). He has served as a psychiatric expert in civil litigation and other civil matters, in Ontario, Canada.
2008 Forensic skills workshop: the role of the psychiatrist in civil litigation Albert M. Drukteinis, M.D., J.D. psychiatry CD 10625 This practical workshop will focus on advanced issues that confront psychiatrists in civil law cases, an interactive session involving moderator, panelists, and the audience. Vi gnettes submitted to the panel by practicing forensic psychiatrists will be read aloud and discussed. The vignettes describe problems and experiences that forensic psychiatrists often confront in their practices and in court. These will include procedural problems, such as ethical or practical issues in performing evaluations; dealing with courts, attor neys, or opposing experts; as well as substantive problems, such as dilemmas that come up in difficult cases, reliability of psychiatric opinion, and testimony.--Albert M. Drukteinis, M.D., J.D. (Moderator) is Adjunct Associate Professor of Psychiatry at Dartmouth Medical School, and Director of New England Psychodiagnostics, specializing in personal injury and employment stress claims. Douglas Anderson, M.D. is in private practice in New York City; Eric W. Fine, M.D. is in private practice in Philadelphia; Alan Abrams, M.D. J.D. is Director of the Forensic Psychiatry Fellowship at Georgetown University Hospital.
2008 Forensic skills workshop: the role of the psychiatrist in criminal litigation Steven Pinkert, M.D., J.D., MBA

Carla Rodgers, M.D.
Keneth Weiss, M.D.
psychiatry CD 10632 This practical workshop will focus on advanced issues that confront psychiatrists in criminal law cases, an interactive session involving moderator, panelists and the audi ence. Vignettes submitted to the panel by practicing forensic psychiatrists will be read aloud, discussed by the panel and by the audience.--Steven Pinkert, M.D., J.D., MBA of the Pinkert Law Firm in Miami, practices in the areas of professional discipline, complex medical/technical litigation, admiralty, and patent law. Prior to law he prac ticed clinical psychiatry. Carla Rodgers, M.D. is Clinical Assistant Professor at University of Pennsylvania Medical School and in private practice in the Philadelphia area. Kenneth J. Weiss, M.D. is Clinical Professor of Psychiatry, UMDNJ-Robert Wood Johnson Medical School, and in private practice in Bala Cynwyd, PA.
2008 Forensic skills workshop: the role of the psychologist in civil and criminal litigation Dr. Elliot Atkins
Martin H. Williams, Ph.D.
Art Donato, J.D.
psychology CD 10660 A forensic skills forum will focus on issues in civil and criminal law that interface with psychology and expert testimony by psychologists. This is an interactive session involving moderator, panelists and audience on advanced ethical and practice issues confronting the forensic psychologist. Attendees will be exposed to a wide variety of forensic cases and problems in civil and criminal areas as well as become themselves directly involved in this interactive session.--Dr. Elliot Atkins (Moderator) is in private clinical, forensic and consulting practice in Pennsylvania and New Jersey. Panelists: Martin H. Williams, Ph.D. and Art Donato, J.D. Mr. Donato is a criminal trial attorney in Media, Pennsylvania.
2007 Conducting Forensic Assessment Screens of Competency to Stand Trial for Misdemeanor Criminal Cases
Lori Martinez, Psy.D. and Maxann Shwartz, Ph.D. psychology CD 10368 This presentation will focus on the process of conducting brief forensic assessment screens of competency to stand trial for defendants facing misdemeanor charges. Specifically, the presenters will discuss the purpose and need to provide courts with efficient and ethical assessments, the pros and cons of a time limited assessment of a large volume of defendants, and will also review and discuss the report format and procedures used. Lori Martinez, Psy.D. is a licensed clinical and forensic psychologist in private practice in New Mexico.
2007 Forensic Skills Workshop: The Role of the Psychiatrist in Civil Litigation Albert M. Drukteinis, M.D., J.D. psychiatry CD 10373 This practical workshop will focus on advanced issues that confront psychiatrists in civil law cases, an interactive session involving moderator, panelists, and the audience. Vi gnettes submitted to the panel by practicing forensic psychiatrists will be read aloud and discussed. The vignettes describe problems and experiences that forensic psychiatrists often confront in their practices and in court. These will include procedural problems, such as ethical or practical issues in performing evaluations; dealing with courts, attor neys, or opposing experts; as well as substantive problems, such as dilemmas that come up in difficult cases, reliability of psychiatric opinion, and testimony. Attendees will be exposed to a variety of forensic cases and problems in civil areas, as well as become directly involved in this interactive session. Those attending the session are urged to bring up issues and problems that they face in their forensic work. Attendees will also learn what panelists and their colleagues think about and how to deal with advanced issues in civil law cases. The interactive format allows attendees to challenge or compare their own methods of dealing with these issues
2007 Consultative Forensic Issues in Aerospace Evaluations

Charles Chesanow DO
Steven Schwendeman MD

psychiatry CD 10378 This will include a discussion of FAA regulations, issues and controversies on evaluation reports, and the latest update on the topics of certifying airman on antidepressants. Additionally similarities and differences for evaluating air traffic controllers will be considered. The attendee will have a working knowledge regarding FAA regulations for medical eligibility, understand what is needed in a credible evaluation, and be exposed to the latest major psychiatric issues.
2007 Criminal Law Update: A Look at Some Recent Case Law Steven Pinkert MD, JD, MBA psychiatry CD 10383 Psychiatrists and attorneys will be exposed to case law and changes in statutes that impact forensic psychiatrists and will become familiar with some of the leading developments. There have been some notable developments in case law pertinent to criminal cases. In the aftermath of the U.S. Supreme Court's recent ruling in Atkins v. Virginia and Sell v. United States there have been varied approaches to capital case mental retardation examinations, and the assessment of the impact of medications on an individual who has been, or may be, medicated "into competence." A case from Arizona prompted review of the types of mental defense that the U.S. Constitution requires. There are still some pressing questions about whether those who testify outside of their home jurisdictions are violating local laws (in some states). This session will address these and other important recent developments
2007 Forensic Skills Workshop: The Role of the Psychiatrist in Criminal Litigation Steven Pinkert MD, JD, MBA
Douglas Anderson MD
psychiatry CD 10384 This practical workshop will focus on advanced issues that confront psychiatrists in criminal law cases, an interactive session involving moderator, panelists and the audi-ence. Vignettes submitted to the panel by practicing forensic psy-chiatrists will be read aloud, discussed by the panel and by the audience. Steven Pinkert, MD, JD, MBA of the Pink-ert Law Firm in Miami, Florida, practices in the areas of professional discipline, complex medical/technical litigation, admiralty, and patent law. Prior to law he prac-ticed clinical psychiatry. Andrew Schneider, JD is an Attorney at Law in Doyle-stown, PA and Trenton, NJ. Douglas Anderson, MD is in private practice in New York City.
2007 Mock Trial-The trial will focus on the direct and cross examination of the psychiatrists in a medical malpractice case involving the suicide of a patient Roger Sharp JD
Michael Bradford LLB
Eric Fine MD
Anna Scherzer MD
Alan Levy JD
psychiatry CD 10488 Our mock trial this year will focus on direct and cross-examination psychiatrists as expert witnesses in a medical malpractice case involving the suicide of a patient voluntarily admitted to a neuropsychiatric institute. Attendees will learn about expert testimony in court and how to conform expert testimony to optimal style and content. All of the College's mock trials are fictionalized and presented solely to educate the attending forensic psychiatrists. Actors in the trial are: Roger T. Sharp, JD, Attorney at Law in Salt Lake City; Michael Bradford, Attorney at Law in Phoenix; Eric Fine, MD in private practice of consultative and forensic psychiatry in Philadelphia; Anna Scherzer, MD, board certified forensic child and adolescent psychiatrist in Scottsdale; Alan L. Levy, JD, Chief of the Criminal Division, Tarrant County Criminal District Attorney's Office in Fort Worth; Mr. Levy plays the trial judge in the mock trial.

2007 The Case for a Threshold for Competency in Sexually Violent Predator Civil Commitment Proceedings

Alan Abrams MD, JD
Amy Muth JD
Nesibe Soysal MD

psychiatry journal 7038 Commitment of the sexually violent predator (SVP) is not only informed by restorative intent but also the desire to protect other members of society from the insidious propensities of the SVP. Thus, remanding an alleged offender to an SVP program constitutes some hybrid of civil ameliorative intervention and criminal containment and, as such, may be construed as quasi-criminal. Toward this end, most SVP laws endeavor to incorporate the preponderance of procedural due process rights accorded to accused individuals within the criminal justice system, except the right to be competent. However, the behaviors of sexually violent predators not infrequently find their origins in psychiatric or neurologic pathology. These same conditions, in fact, often compromise an SVP respondent s mental competence to stand trial. If he is unable to rationally collaborate with his attorney, an accused SVP defendant s fundamental right to counsel, which underpins all procedural due process, is subverted. Furthermore. the outcome of extensive substantive due process rights litigation in civil commitment cases has consistently upheld that those who are involuntarily confined by civil means are entitled to non-punitive conditions of confinement including individualized medically appropriate treatment. However, in the absence of some standard for trial competency, we propound that SVP commitment proceedings fail to fulfill either the procedural due process rights for criminal containment or the substantive due process guarantees for civil commitment.
2007 Timing of Eyewitness Expert Testimony Within a Trial Bruce Lee PhD
R Edward Geiselman PhD
psychiatry journal 7040 Mistaken identity has been cited often as one of the leading causes of wrongful convictions in criminal trials. Several legal remedies have been proposed including eyewitness expert testimony (1). Geiselman et al. (2, 3) found expert testimony to improve jurors discrimination between good and poor eyewitnessing conditions as described in a mock trial scenario. The present experiment was designed to explore an optimal timing of the expert testimony within a trial toward maximizing jurors' discrimination of the eyewitness evidence. Results showed that presenting the expert testimony before the trial evidence enhanced jurors' free recall of the testimony, increased perceptions of defendant guilt, but did not increase juror discrimination of the eyewitness evidence. It was concluded that the more optimal timing for the expert testimony is following the presentation of the trial evidence.
2007 Forensic skills workshop: the role of the psychiatrist in civil litigation Albert M. Drukteinis, M.D., J.D. psychiatry CD 10675 This practical workshop will focus on advanced issues that confront psychiatrists in civil law cases, an interactive session involving moderator, panelists, and the audience. Vi gnettes submitted to the panel by practicing forensic psychiatrists will be read aloud and discussed. The vignettes describe problems and experiences that forensic psychiatrists often confront in their practices and in court. These will include procedural problems, such as ethical or practical issues in performing evaluations; dealing with courts, attor neys, or opposing experts; as well as substantive problems, such as dilemmas that come up in difficult cases, reliability of psychiatric opinion, and testimony. Attendees will be exposed to a variety of forensic cases and problems in civil areas, as well as become directly involved in this interactive session. Those attending the session are urged to bring up issues and problems that they face in their forensic work. Attendees will also learn what panelists and their colleagues think about and how to deal with advanced issues in civil law cases. The interactive format allows attendees to challenge or compare their own methods of dealing with these issues.--Albert M. Drukteinis, MD, JD (Mod erator) is Adjunct Associate Professor of Psychiatry at Dartmouth Medical School. He is also Director of New England Psychodiagnostics, specializing in personal injury and employment stress claims. Panelists will be Alexander Obolsky, MD, Carla Rodgers, MD and Roger Sharp, JD.
2007 Forensic skills workshop-the role of the psychologist in civil and criminal litigation Dr Elliot Atkins
Martin H Williams PhD
Marian Martin PhD
psychology CD 10685
2006 Equivocal death psychological autopsies in case of criminal homicide Frank Dattillo PhD psychology journal 7018 On a rainy Saturday morning in February, at 2:00 a.m., a middle-aged man in a pickup truck, who will be referred to as Mr. X, pulled up to a local hospital emergency room with a woman in her early 40s. The woman had been shot in the mouth and was wrapped in an old bed sheet. Mr. X informed the officials at the emergency room that he had found the woman lying on the side of the road and picked her up, wrapped her in the only material that he had available, and brought her to the hospital s emergency room...This article reviews the recent literature on psychological autopsies and presents a case vignette in which the defendant was charged with criminal homicide. Psychology
2006 Psychic detectives: the consulting role of the forensic psychologist Donald Eisner PhD, JD psychology tape 3265 How can forensic psychologists assist the police in the use of psychic detectives? What is a psychic detective and what methods are used? What does the research and anecdotal evidence suggest? Several case examples are presented, along with a critique and analysis. The consulting role of the forensic psychologist in evaluating fraud and quacks, providing research and assessment protocols, eliminating experimenter bias will be discussed.
2006 Prosecution and civil commitment of pregnant women who abuse drugs-a review and commentary Joseph Markowitz MD
Richard Frierson MD
psychiatry journal 8088 A 29-year-old pregnant mother of four children in South Carolina was arrested and charged with killing her newborn daughter due to her cocaine use during pregnancy. Upon suffering a placental abruption, the physicians had obtained a drug screen of the newborn of Angela Marie Kolesar. Cocaine use represents a possible cause of placental abruption (2). The infant had irreparable brain damage at birth but survived nearly one and a half months before succumbing to her multiple medical problems. Should an addicted pregnant woman who presents for medical care be civilly committed on the grounds that her actions present prima facie evidence of danger to others since it has been established by an appellate court that a viable fetus is a person deserving legal protection?
2006 The worst of all possible worlds: youth in the adult criminal justice system Anna Scherzer MD psychiatry journal 5037 The functional competency of youth to stand trial has become an increasing problem for the court system. As an increasing number of juveniles face adjudication in both the juvenile and adult criminal justice systems, there is increasing awareness of neurodevelopmental immaturity and its associated cognitive limitations. However, the majority of competency statutes only recognize mental illness or defect as causes of incompetence to stand trial. While youth facing criminal charges may present with a significant incidence of mental illness or defect, most juveniles have not yet developed the cognitive skills requisite for adjudicative competence. For this group the concept of restoration is inappropriate, although they may develop competence through appropriate habilitation. To assure fundamental due process, our adversarial system of criminal justice must recognize the uniqueness of youth s cognitive immaturity, as well as their potential psychological deficits. This article explores the complexities of habilitation of adjudicative competence and dilemmas that must be addressed to assure fairness and due process
2006 Jurors' attitudes toward post-sentence civil commitment Brooke Butler PhD psychology journal 7023 Jurors' attitudes toward post-sentence civil commitment (PSCC) were investigated. Three hundred residents of the 12th Judicial Circuit in Florida were given the following booklet of materials: opening statements; evidence favoring commitment; evidence favoring release; closing arguments; a 12-item measure assessing attitudes toward sex offenders; and standard demographic questions. Initial verdicts (made before any evidence was presented), intermediate verdicts (made after each piece of evidence was presented), and final verdicts (made after all evidence was presented) were measured on 6-point Likert scales. As hypothesized, participants demonstrated negative attitudes toward sex offenders. Consequently, participants were more likely to favor PSCC as the appropriate punishment for sexually violent predators, be receptive to evidence favoring PSCC, and exhibit little change between initial and final verdicts. Legal applications and implications are discussed.
2006 Forensic skills workshop-role of the psychiatrist in civil litigation (2 tapes) Albert M Drukteinis MD, JD psychiatry tapes 10275
2006 Forensic skills workshop-role of the psychiatrist in criminal litigation
l
Steven Pinkert MD, JD, MBA
Alan Abrams MD, JD
Psychiatry CD 2243 This practical workshop will focus on advanced issues that confront psychiatrists in criminal law cases, an interactive session involving moderator, panelists and the audience. Vignettes submitted to the panel by practicing forensic psychiatrists will be read aloud, discussed by the panel and by the audience. Steven Pinkert, M.D., J.D., M.B.A., of the Pinkert Law Firm in Miami, Florida practices in the areas of professional discipline, complex medical/technical litigation, admiralty, and patent law. Prior to law he practiced clinical psychiatry; Alan A. Abrams, M.D., J.D., St. Elizabeth s Hospital, Washington, D.C; Douglas Anderson, M.D. maintains a forensic psychiatry practice in New York City.
2006 Asperger's disorder and criminal behavior J Arturo Silva MD
Barbara Haskins, M.D
Psychiatry CD 2246 Asperger s Disorder (AD) is considered the prototypical high functioning Autism Spectrum Disorder. AD is characterized by a triad of abnormalities. These abnormalities involve 1) socialization, 2) communication and 3) repetitive special interests. AD may co-occur with various forms of aggression. Some individuals with AD who present with violent behaviors may also become in-volved in criminal activities. In this presentation we will provide an overview of basic diagnostic issues regarding AD. We will then discuss how certain features may increase the risk of criminal behaviors in some affected persons. Specific cases will be presented to highlight relevant psychiatric-legal issues. Attendees will learn 1) basic diagnostic features of Asperger s Disorder; 2) common comorbid psychiatric disorders; and 3) features of Asperger s Disorder that may increase the risk for aggression and associated criminal behaviors. J. Arturo Silva, M.D. is a forensic psychiatrist in private practice in San Jose, California; Bar-bara Haskins, M.D. is a staff psychiatrist at the Western State Hospital in Staunton, Virginia. She is also in private practice in forensic psychiatry.
2006 CONSULTING WITH COLLEAGUES IN THE PREPARATION OF FORENSIC REPORTS Eric W. Fine, M.D.
David N. Glaser M.D.
psychiatry CD 2244 Forensic psychiatry has become increasingly complex with many subspecialities that include psychopharmacology, alcohol and drug intoxication, workplace violence, sexual harassment and numerous other areas. Forensic psychiatrists have developed special expertise and experience in these different fields, and the presenters have been involved in situations where consultation with colleagues has been of great value in developing expert reports where two minds are better than one. Recognition of colleagues with specific areas of expertise often occurs in meetings such as the American College of Forensic Psychiatry Symposium, where a wide diversity of presentations are made. Interaction with speakers, formal and informal, is always encouraged so that ACFP meetings offer an ideal forum from which future consultation opportunities can develop. A specific case is described in which the presenters were involved, and the advantages of such consultations are discussed. Eric W. Fine, M.D. is in the private practice of consultative and forensic psychiatry in Philadelphia. He is Associate Professor of Psychiatry and Human Behavior at Thomas Jefferson University Medical College and President and Medical Director of Addiction Medicine and Health Advocates, Inc.; David N. Glaser M.D. is a board certified psychiatrist and forensic expert who practices in the Los Angeles area.
2006 Forensic skills workshop-role of the psychiatrist in civil litigation Albert M Drukteinis MD, JD psychiatry CD 10692 This practical workshop will focus on advanced issues that confront psychiatrists in civil law cases, an interactive session involving moderator, panelists, and the audience. Vignettes submitted to the panel by practicing forensic psychiatrists will be read aloud and discussed. The vignettes describe problems and experiences that forensic psychiatrists often confront in their practices and in court. These will include procedural problems, such as ethical or practical issues in performing evaluations; dealing with courts, attorneys, or opposing experts; as well as substantive problems, such as dilemmas that come up in difficult cases, reliability of psychiatric opinion, and testimony. Attendees will be exposed to a variety of forensic cases and problems in civil areas, as well as become directly involved in this interactive session. Those attending the session are urged to bring up issues and problems that they face in their forensic work. Attendees will also learn what panelists and their colleagues think about and how to deal with advanced issues in civil law cases. The interactive format allows attendees to challenge or compare their own methods of dealing with these issues. Albert M. Drukteinis, M.D. J.D. (Moderator) is Adjunct Associate Professor of Psychiatry at Dartmouth Medical School. He is also Director of New England Psychodiagnostics, specializing in personal injury and employment stress claims. Panelists: Roger Sharp, J.D. Eric Fine, M.D. and David Glaser, M.D.

2006 Forensic skills workshop-role of the psychologist in civil and criminal litigation Elliot Atkins EdD et al psychology CD 10723 A forensic skills forum will focus on issues in civil and criminal law that interface with psychology and expert testimony by psychologists. This is an interactive session involving moderator, panelists and audience on advanced ethical and practice issues confronting the forensic psychologist. Attendees will be exposed to a wide variety of forensic cases and problems in civil and criminal areas as well as become themselves directly involved in this interactive session.
2006 A qualitative study examining the factors that contribute to stress in women forensic psychologists who testify in court as expert witnesses Aparna Dixit-Brunet MA
Harriet Curtis-Boles PhD
psychology CD 10739 Forensic psychologists face a significant amount of stress when they deal with the various players of the judicial system. The dynamics of this stress are accentuated when the expert who testifies on the witness stand is a woman.
2006 Psychic detectives: the consulting role of the forensic psychologist Donald Eisner PhD, JD psychology CD 10740 How can forensic psychologists assist the police in the use of psychic detectives? What is a psychic detective and what methods are used? What does the research and anecdotal evidence suggest? Several case examples are presented, along with a critique and analysis. The consulting role of the forensic psychologist in evaluating fraud and quacks, providing research and assessment protocols, eliminating experimenter bias will be discussed
2005 Interactive forensic skills workshop: civil session (2 tapes) Albert Drukteinis MD, JD psychiatry tapes 3142 This practical workshop will focus on advanced issues that confront psychiatrists in civil law cases, an interactive session involving moderator, panelists, and the audience. Vignettes submitted to the panel by practicing forensic psychiatrists will be read aloud and discussed. The vignettes describe problems and experiences that forensic psychiatrists often confront in their practices and in court. These will include procedural problems, such as ethical or practical issues in performing evaluations, dealing with courts, attorneys, or opposing experts, as well as substantive problems, such as dilemmas that come up in difficult cases, reliability of psychiatric opinion, and legal standards. The workshop will focus on useful issues in the area of civil law and psychiatric evaluation and testimony. Attendees will be exposed to a wide variety of forensic cases and problems in civil areas as well as become directly involved in this interactive session, Those attending the session are urged to bring up issues and problems that they face in their forensic work. Attendees will learn how panelists and their colleagues think about and deal with advanced issues in civil law cases. The interactive format will allow attendees to challenge or compare their own methods of dealing with these issues.
2005 The watering down of PTSD in criminal law Ralph Slovenko JD, PhD psychiatry tapes 3149 There is nothing new about the phenomenon of posttraumatic stress disorder (PTSD) but there have been developments in its diagnosis and treatment and its role in litigation. These will be viewed from the perspective of an attorney.
2005 Interactive forensic skills workshop: criminal session (2 tapes) Steven Pinkert MD, JD psychiatry tapes 3153 This utilitarian workshop will focus on advanced issues that confront psychiatrists in criminal law cases, an interactive session involving moderator, panelists and the audience. Vignettes submitted to the panel by practicing forensic psychiatrists will be read aloud, discussed by the panel and by the audience.
2005 Eyewitness expert testimony revisited: assisting the fact finder R Edward Geiselman PhD psychology tape 3168 Fallible eyewitness testimony continues to be a major concern for both the defense and the prosecution or plaintiff. As of 2005, the research base from eyewitness psychology consists of thousands of experiments focused on a primary set of factors known to reliably affect eyewitnesses in certain ways under certain conditions. This lecture will familiarize forensic psychologists with research in eyewitness psychology, nonopinion based expert psychological testimony, and mock jury studies of expert psychological testimony.
2005 Toward better social security psychological consultative examinations James W Schutte PhD psychology tape 3169 One area of practice in which forensic psychologists can be of particular help is in performing consultative examinations (CE) of Social Security disability claimants. Successful practice in this area requires a grasp of the differences between clinical and forensic psychology, a willingness to screen for malingering and inadequate effort, and an ability to write reports oriented more toward functional capacity rather than diagnosis and treatment. This presentation will offer suggestions for conducting more effective examinations and producing more useful reports for Social Security disability determinations. Attendees will gain an understanding of the role of the forensic psychologist in the Social Security disability determination process, and understand the importance of screening for inadequate effort and in relying on third-party corroboration. James W. Schutte, Ph.D. is a psychologist in private practice in Las Cruces, New Mexico, and conducts Social Security consultative examinations on a regular basis.
2005 How to provide expert testimony in civil and criminal cases: what every expert and lawyer needs to know
Karen E Koskoff MA, JD psychology tape 3195 Every expert needs to be effective in the courtroom using powerful and persuasive language that meets legal challenges. Experts need to know how to persuade, use demonstrable evidence and to teach the jury and judge effectively. Attendees will learn how to bolster opinions during cross-examination, to write a comprehensive report, to properly prepare a case, and how to handle the lawyers, including those with whom they are working most closely. Lawyers need to know how to prepare their experts for cross-examination, protect them in the courtroom, provide them with the support necessary to ensure their opinions are heard, understood and accepted.
2005 10 Major problems with criminal profiling Richard Kocsis MCrim, PhD psychiatry journal 7063 Profiling is a process of observation and reflection during which an attempt is made to reassemble the collected pieces of a criminal puzzle as the investigating profiler tries to answer the basic questions: Why, where, when, how and who? It may be well served by typologies of past crimes that are useful in the investigation of present crimes. Specifically, it is a technique aimed at identifying and interpreting crime behavior or actions for the purpose of predicting the personality of the offender, his modus operandi, and, possibly, the motivation for the crime. Despite the apparent popularity of criminal profiling among the law enforcement community, scrutiny of its merits does not appear to have occurred to any substantial extent. This article identifies and assesses ten significant problems surrounding the theoretical literature and the professional practice of criminal profiling. It highlights a number of shortcomings in both the research and practice of profiling and serves to demonstrate that a disparity exists between the perceptions and the realities of what criminal profiling can reliably achieve. Suggestions for how the research and practice of profiling may be advanced are discussed.
2005 Assistance to the fact finder: eyewitness expert testimony vs. attorney s closing arguments R Edward Geiselman PhD,
Betty Mendez
psychology journal 9013 Mistaken identity has been cited often as one of the leading causes of wrongful convictions in criminal trials. Several legal remedies have been proposed including eyewitness expert testimony. Geiselman et al. found expert testimony to improve jurors discrimination between good and poor eyewitnessing conditions, as described in a mock trial scenario, but inclusion of attorneys' adversarial closing arguments largely eliminated the enhanced discrimination. In the present experiment, judge's instructions were included prior to the closing arguments to explain that the attorneys' arguments are not evidence. Implications for presenting eyewitness expert testimony in a trial are discussed.
2004 Daubert hearings on the admissibility of eyewitness expert testimony R Edward Geiselman PhD psychology tape 3070 Eyewitness psychology is a long-recognized field of study that utilizes the same experimental method as chemistry and physics. Nevertheless, with some exceptions, prosecutors and judges have found creative justifications for the continued exclusion of eyewitness experts from trial proceedings. Attendees will learn about the purpose and content of eyewitness expert testimony, about Daubert hearings on admitting EET, about trends in judicial decisions under Daubert with respect to EET that include invading the province of the jury, lack of relevance, and lack of assistance to the fact finder.
2004 Evaluating recidivism risk for criminal sentencing James W Schutte PhD psychology tape 3072 Forensic psychologists often receive requests to render professional opinions on a criminal defendant s risk of recidivism. Although this practice has been justly criticized in the past as being largely inaccurate, in recent years several objective instruments have been developed to assist the professional in this effort. These instruments will be discussed.
2004 Revisiting the foundation for the expression of your opinions in criminal cases John T Philipsborn JD psychiatry tapes 3134 A criminal defense lawyer and expert on mental health issues and the law, will provide suggestions on how to prepare the foundation for your courtroom testimony, given recent developments in the law in both the federal and state courts; he will present information on what changes in the law the expert should be aware of when presenting evidence in cases involving questions of insanity, competence, sexually violent predators, and other matters often at issue in our courts
2004 Child psychiatric testimony and the leading edge of social change Gilbert Kliman MD psychiatry tapes 3137 Cases involving institutional neglect of children are important causes of social change. Rapes, bullying, and the treatment facilities and schools which allow such events are coming under increased scrutiny. Examples will be given, and wrongful attacks on an institution s practices and the defense of a beleaguered institution will be described.
2004 The automatism defense in criminal cases Michael F. Elterman, PhDJ psychology tape 3074 Sane automatisms can result from an external factor such as an injection of insulin, a blow to the head, or involuntary ingestion of a drug. This presentation will focus on the history of the automatism defense, medical conditions that give rise to this defense and the assessment of clients who claim an absence of mind at the time of committing a criminal act.
2004 Interactive forensic skills workshop: civil session (2 tapes) Albert Drukteinis MD, JD
Panel of forensic experts
psychiatry tapes 3120 This workshop will focus on advanced issues that confront psychiatrists in civil law cases, an interactive session involving moderator, panelists and the audience. Vignettes submitted to the panel by practicing forensic psychiatrists will be read aloud and discussed. The vignettes describe problems and experiences that forensic psychiatrists often confront in their practices and in court. These will include procedural problems, such as ethical or practice issues in performing evaluations, dealing with courts, attorneys, or opposing experts, as well as substantive problems, such as dilemmas that come up in difficult cases, reliability of psychiatric opinion, and legal standards. The Workshop will focus on practical issues in the area of civil law and psychiatric evaluation and testimony. Attendees will be exposed to a wide variety of forensic cases and problems in civil areas as well as become directly involved in this interactive session. Those attending the session are urged to bring up issues and problems that they face in their forensic work.
2003 Police training materials-an important foundation for mental health expertise in criminal cases John T. Philipsborn, JD psychiatry journal 382 A combination of modernization, increased professionalism, and litigation have caused many police departments throughout the United States to provide their officers with ongoing training in interrogation and interviewing techniques. As the author points out, knowing about this training, and accompanying training materials, may assist a mental health expert in understanding how officers approached a particular investigation, interrogation, or interview. In particular, the techniques used may have been influenced not only by the training, but also by the theories upon which that training is based. The author, an experienced criminal defense lawyer who has written and lectured on the subject of police interrogation training, examines how a basic knowledge of police interrogation training materials may assist a mental health expert in approaching his or her task, particularly where and when the fruit of an interrogation or interview is at issue.
2003 Criminal case competence to stand trial evaluations: legal and psychiatric issues John T. Philipsborn, JD
psychiatry tapes 3004 A criminal defense lawyer revisits the current state of the law and state of the art of criminal case competence-to-stand-trial evaluations. As pointed out in United States v. Duhon, the very definition of competence to stand trial has been changing over the past 15 years. Future court decisions are likely to refine the definition further. The state of the law and professional practices are discussed.
2003 Can psychologists testify to state of mind in criminal proceedings? Recent experiences John Podboy PhD
Albert J Kastl PhD
psychology tape 3046 Recent case law has limited testimony concerning state of mind, malice aforethought, and similar characterizations. Attendees will become familiar with the current legal standards in regard to testimony concerning state of mind at the time of commission of a crime. Case examples will be utilized to illustrate this issue.
2003 Competency to stand trial and criminal responsibility: an examination of racial and gender differences among African American and Caucasian pretrial defendants Roslyn Caldwell PhD psychology journal 386 This investigation examined the differences between races and genders with respect to treatment histories, diagnoses, psycholegal decisions, and treatment recommendations. A total of 168 Caucasian males, 30 Caucasian females, 126 African American males, and 33 African American females were referred to an outpatient community mental health facility for evaluations of competency to stand trial and criminal responsibility. Consistent with the distribution of psychological disorders in general clinical settings, African Americans were more frequently diagnosed with psychotic disorders, while Caucasians were more frequently diagnosed with mood and substance related disorders, and other Axis I disorders. In addition, males were more frequently diagnosed with mood disorders, and females were more frequently diagnosed with a combination of psychotic, other Axis I disorders, and substance-related disorders. Results pertaining to psycholegal decisions revealed that defendants diagnosed with psychotic disorders were more likely to be found incompetent to stand trial. These results offer several insights into the nature of pretrial evaluations and the factors that effect psycholegal decisions.
2003 Evaluation language competency in criminal cases Linda J Gummow PhD psychology tape 1379
2003 Forensic skills: interactive workshop-civil and criminal (2 tapes) and others same place Elliot Atkins, Ed.D. psychology tape 10277 A forensic skills forum will focus on issues in civil and criminal law that interface with psychology and expert testimony by psychologists. This is an interactive session involving moderator, panelists and audience on advanced ethical and practice issues confronting the forensic psychologist. Attendees will be exposed to a wide variety of forensic cases and problems in civil and criminal areas as well as become themselves directly involved in this interactive session.
2002 Civil commitment for sexual predators - maintaining patients' rights and clinical challenges Mark R. McClung, MD
psychiatry tapes 2040 Secure units for sexual predators under indefinite civil commitment present new legal and ethical challenges for psychiatrists. Besides the controversy around predicting likelihood of sexual reoffending, issues of involuntary medication, right to treatment, right to refuse treatment, and chemical castration arise in treatment planning and in court. Treatment planning is affected by legal action, requiring clarification of priorities by providers. The presentation includes case-based discussion of these issues in Washington s Special Commitment Center, including some unique legal challenges and treatment dilemmas.
2002 Using Power Point for presentations and as an audiovisual instrument in court
Carla Rodgers MD psychiatry tapes 2049 The objective of this workshop is to demonstrate the advantages and potentials of Power Point. The workshop will enable participants to create a simple Power Point presentation by the end of the session. Attendees will learn how to use the program in meeting presentations and in the courtroom as an audiovisual tool with which to graphically clarify issues for triers of fact. Those who have laptop computers may bring them along; if not, attendees can still learn by observing Dr. Rodgers graphic presentation and taking notes. The workshop is primarily for psychiatrists who are familiar with Windows 95, 98, or 2000. However, Power Point is now available for Macintosh and Mac users are also welcome to attend.

2002 What do jurors get from general social science testimony anyway? R Edward Geiselman PhD psychology tape 2021 Some expert testimony from social scientists is not based on an analysis of the defendant nor does it address the ultimate issue directly. Courts must decide upon the admissibility and scope of such testimony with respect to its potential for assisting the jury. Results of relevant mock-jury experiments will be presented using eyewitness identification as the example. Trial parameters will be discussed that promote the effective use of such testimony by jurors. Attendees will learn about social science expert testimony, juror decision-making processes and receive pointers on how to conform expert testimony to optimal style and content.
2002 Eyewitness expert testimony and juror decisions R Edward Geiselman PhD psychology journal 651 Hundreds of research papers have been written concerning the potential inaccuracy of eyewitness recollections and several legal remedies have been proposed including eyewitness expert testimony. However, relatively little research has been carried out to evaluate the effectiveness of eyewitness expert testimony on juror decision making. Results indicated that the adversarial closing arguments led jurors to be skeptical of the eyewitness evidence, and to thereby base their decisions on other evidence. Implications for presenting eyewitness expert testimony in a court of law are discussed.
2001 A study of crime scene analysis in the forensic evaluation of criminal responsibility Deborah Miscoll PsyD psychology journal 369 The extent to which forensic examiners investigate and analyze information pertaining to physical evidence and the crime scene varies widely, despite the fact that some experts have emphasized the importance of investigative data as part of a comprehensive evaluation of criminal responsibility. Experts claim such procedural variability influences the judgment of forensic examiners and contributes to disagreements between them when they are formulating opinions about a perpetrator s criminal responsibility. This study utilized a single-subject, multiple baseline research design in an attempt to document the extent to which training in behavioral crime scene analysis would produce a change in evaluation of criminal responsibility in homicide cases that reflected either an organized or disorganized crime scene structure.
2001 Second opinion--legal consultation in criminal competency evaluation Daniel Greenfield MD, MPH psychology tape 1047 no abstract at this time
2001 The Canadian standard for admissibility of expert testimony-qualification issues David S. Nussbaum, PhD
psychology tape 1061 Attendees will understand Canada s criteria for admissibility of expert testimony and contrast it with U.S. criteria; how to formulate opinions to conform to the requirements, and how to properly present to the court limitations of admissibility criteria.
2001 The effective expert witness--workshop (1of 2) Steven Pinkert, MD, JD psychiatry tapes 1063 This workshop is meant to enhance expert testimony in direct and cross examination and consists of a lecture followed by a demonstration. There will be an overview of courtroom procedure, evidentiary rules and objections and focus on effective courtroom technique, emphasizing jury communication skills that include: simplifying the subject matter, jury perception, appeal and receptivity.
2001 Admissibility of expert testimony concerning eyewitness evidence Brett Trowbridge PhD, JD psychology tape 1704 Participants will be able to cite cases concerning the admissibility of expert eyewitness testimony; understand what factors courts use in deciding whether to admit expert eyewitness testimony; gain insight into how Evidence Rule 702 and Daubert or Frye impact the admissibility of expert eyewitness testimony.
2001 Forensic skills- mental state and mitigation in criminal cases for the defense Valerie R. McClain, Psy.D. psychology tape 10252 Speaker highlights unique applications of expert services in two criminal cases. The first case involves retrospective analysis of mental state during a plea of nolo contendere in a post-conviction case; the second illustrates expert services in providing mitigating factors relevant for both the guilt and sentencing phases in a triple homicide case. Psychological and neuropsychological test results are presented, coupled with relevant mitigating factors to provide the basis for providing expert services. Learning objectives: to identify possible applications of forensic assessment and expert skills in mitigation, and creative and proactive approaches in forensic evaluation in criminal cases.


2001 Second opinion--legal consultation in criminal competency evaluation Daniel Greenfield MD, MPH psychology tape 2047 no abstract at this time
2001 Second opinion--legal consultation in criminal competency evaluation Daniel Greenfield MD, MPH psychology journal 5323 no abstract at this time
2000 Admissibility of expert psychological testimony -the case of hedonic damages Gregory Joseph PsyD
Elliot Atkins EdD
psychology journal 627 The authors examine the issue of forensic psychological assessment of hedonic damages in light of the Supreme Court s decision in Daubert and beyond. Following a review of the rules of admissibility of psychological evidence, the authors address hedonic damages in this context. Case examples are used to illustrate observed weaknesses in both the scientific methods for assessing hedonic loss and the resulting testimony by forensic psychologists.
2000 Psychiatric testimony on character, inconsistent personality evidence in criminal cases Ralph Slovenko JD, PhD psychiatry tapes 1010 Evidence of the character of the accused almost always has some value as circumstantial evidence as to how the individual acted (and perhaps with what state of mind) in the matter in question. The use of expert psychiatric testimony to establish an "inconsistent personality defense" is controversial. Various cases involving character evidence are discussed. Participants will learn the scope of the use of character evidence.
2000 Mock trial-expert testimony, civil case, police shooting, PTSD (1 of 3) David Glaser MD psychiatry tapes 1112 This is a civil case focusing on the PTSD diagnosis of a 30 year-old man shot by a police officer. The psychiatrist engaged by the defense denied PTSD and instead diagnosed intermittent explosive disorder, personality disorder and gunshot wound to abdomen, medically resolved. The trial will focus on the testimony, direct and cross-examination of the psychiatrists as expert witnesses in court.
2000 Rebutting psychiatric and psychological experts Edward Hyman PhD, RN psychology tape 1102 The quality of expertise offered in psychological and psychiatric testimony varies greatly. The application of scientific principles, professional standards and ethical guidelines to tainted and dubious testimony provides a basis for raising the level of testimony proffered and the status of forensic expertise. The use of adversarial experts and rebuttal experts to impeach deficient witnesses will be outlined. Guidelines for review of other experts testimony, examinations, testimony and errors of processing and interpretation of data will be presented.
2000 Yochelson and Samenow's The Criminal Personality and Walters' The Criminal Lifestyle William Marek PhD psychology tape 1108 In their own way, each of these works represent the pinnacle of thought regarding the origin, nature, and treatment of criminals. Both theories are designed to provide practical guidelines in conceptualizing and treating criminals. This presentation will compare and contrast these two similar, yet disparate, viewpoints and treatment modalities. Effective treatment of criminals comes only from a clear understanding of their true nature.

2000 Mock trial-expert testimony, civil case, police shooting, PTSD (3 tapes) David Glaser MD psychiatry tapes 1113 Mock trial
2000 Dissociative identity disorder and criminal intent-an approach to determining responsibility J Robert Noonan PhD psychology journal 381 DID has become more prevalent in court, warranting even greater scrutiny of its alleged reality. Overviews of the current mental health literature on the subject and of judicial approaches to the specific problem of assessing responsibility of a defendant claiming multiple identities are presented, and the issues and challenges facing the psychologist-evaluator in a representative case are described. An approach to assessing the responsibility of such defendants is proposed, with the goal being to provide a guideline from which clarity might be enhanced and a reasoned professional opinion can be submitted to the court.
1999 Diplomacy in criminal court testimony-proactive strategies for the expert Valerie R. McClain, Psy.D. psychology tape 1167 Expert testimony in criminal court proceedings necessitates proactive strategies in order to anticipate potential challenges to credibility, adversarial cross-examination, and the best use of clinical data. Case reports will be used to highlight the importance of strategic planning when providing services as a forensic expert. A step-by-step approach will be detailed utilizing cases in order to identify necessary safeguards for planning participation in criminal proceedings. Attendees will be able to identify key factors in strategically planning to provide proactive criminal court expert testimony at critical stages including initial recruitment, assessment, testimony and recommendations; anticipate and plan for potential challenges to expert testimony in criminal court proceedings.
1999 Defending against psychological damage claims in civil litigation- 10 techniques John L. Fleer, PhD, JD
psychology tape 1134 John Fleer, is an attorney whose specialty is defense of civil lawsuits and disciplinary actions involving mental health professionals. Plaintiffs in civil lawsuits increasingly claim psychological injuries, either in conjunction with physical injury claims or as the sole element of damage. More than any other mental health professional, the forensic psychologist is the defense attorney s best ally in refuting or minimizing such claims. The presenter was trained as a clinical psychologist prior to becoming a trial attorney. He will share techniques for defending against false, misattributed and inflated claims of psychological injury. These include ways of establishing preexisting pathology, utilization of treatment outcome studies, identification of malingering, and diagnosis of litigation stress. Participants will be provided specific techniques which can be offered to defense counsel in civil cases, or in the alternative, to anticipate defense cross-examination when testifying as a plaintiff s expert witness.
1999 Admissibility and expert psychological testimony-hedonic damages Elliot Atkins, Ed.D. psychology tape 1126 Psychologists will become familiar with pertinent professional and legal issues regarding the presentation of expert testimony as defined by the Daubert decision. This presentation will address the current controversy surrounding the assessment of hedonic damages, or loss of one s enjoyment of life. Since compensation for such damages can be awarded in legal proceedings, the issues of whether and how hedonic damages can be measured have become increasingly important for forensic psychologists.
1999 Impact of Daubert on psychiatric and expert testimony relating to child sexual abuse Sheila Taub JD psychiatry tapes 9087 This presentation discusses the meaning of the Daubert decision and subsequent important judicial decisions, particularly as they relate to the kinds of clinical and scientific evidence that may be presented in litigation involving issues of child sexual abuse and "recovered memories" of child sexual abuse.
1999 Expert testimony in alcohol liability cases Eric W. Fine, MD
psychiatry tapes 1144 Fundamentals of dram shop liability, trial issues and expert testimony in legal cases involving misuse of alcohol and preparation of court reports in such cases.
1999 Regulating expert testimony (part 1 of 2) Douglas Richmond JD psychiatry journal 628 Expert testimony is the engine that drives modern litigation. Mental health professionals are frequently called to testify as expert witnesses in a wide variety of personal injury cases, as well as in criminal cases. Both lawyers and testifying professionals must understand the rules governing the introduction of expert testimony, and the grounds and bases on which expert testimony may be excluded. Such understanding is critical to their clients cases and to the fair administration of justice. This article examines the use and introduction of expert testimony in both state and federal courts. The scope of the article is broad; its foundation is the Federal Rules of Evidence and the Federal Rules of Civil Procedure. This article also examines two very practical aspects of expert testimony: conflicts of interest involving expert witnesses and the compensation of expert witnesses. Understanding potential conflicts of interest is particularly critical, inasmuch as conflicts may result in experts and lawyers disqualification in any given case.


1999 Regulating expert testimony Douglas Richmond JD psychiatry journal 649 no abstract
1999 Forensic consult-ethical issues in the med-psych consult setting Jose Maldonado MD psychiatry tape 1166
1998 Psychological damages, forensic examinations--expert testimony in employment disputes John Paddock PhD psychology tape 1210 Participants will gain state of the art knowledge about legal theory and case law in employment related disputes where emotional damages are at issue.
1998 Psychiatric consultation to police hostage negotiation teams Theodore Feldman MD psychiatry journal 1128 Hostage and barricade incidents are common occurrences in law enforcement practice. Whenever an armed subject, who may be emotionally distraught, intoxicated, or mentally ill, holds others against their will, the risk of violence becomes obvious. Effective management of hostage and barricade situations requires an understanding of multiple factors including motivation for the incident, goals of the hostage-taker, the presence of mental illness and its effects on the person s behavior, and an appreciation of the dynamics of the negotiation process. Utilization of mental health consultants by hostage negotiation teams can facilitate the management of these incidents and help police negotiators to be better prepared when incidents occur. Although it is impossible to prevent hostage and barricade situations, effective crisis management techniques will greatly reduce their lethality.
1997 Attention deficit disorder and criminal behavior- criminal forensic examination Robert E Chapman MD psychiatry tapes 1288 The incidence and relevance of Attention Deficit Disorder in children and adults may be unappreciated by most forensic psychiatrists. Three forensic criminal murder cases will demonstrate the severe consequences of undiagnosed and under treated childhood and adolescent Attention Deficit Disorder and the abuse that frequently accrues to these individuals and their reactions. Participants will learn the relevance of Attention Deficit Disorder to criminal and antisocial behavior and how to detect and include it as a diagnosis in "criminal forensic examination."


1997 Child sexual abuse-expert testimony--substantive and rehabilitative evidence Marcia Slattery MD psychiatry tapes 1284 The existence and impact of child sexual abuse (CSA) has been well documented and recognized. Efforts, however, to identify, intervene, and adjudicate CSA cases have resulted in heightened debate and scrutiny within clinical and legal arenas. The potential importance and impact of the expert witness in the judicial process cannot be underscored, with experts often being called upon to address developmental and psychological evidence, frequently in the absence of medical findings. The role of the expert witness in CSA cases will be discussed, including the distinction between substantive and rehabilitative evidential testimony.
1997 Damage to the physician-patient relationship by the civil litigation process Roger T Sharp JD psychiatry tapes 1278 This presentation will deal with issues regarding the deleterious effects to the physician-patient relationship in the context of the civil litigation process. Observations about how the current jurisprudence system strains, and even undermines, the physician-patient relationship during litigation and following settlement or verdict will be presented. Suggestions, thoughts and recommendations to protect the relationship and to ensure that irreparable harm is not done will be offered.
1997 Civil unrest and the role of psychiatric trainees Michael Coudreaut MD psychiatry journal 253 On March 3, 1991, four Caucasian Los Angeles police officers were serendipitously videotaped in the arrest and beating of an African-American, Rodney King. On April 29, 1992, all four Los Angeles police officers were acquitted of all charges including excessive use of force in the arrest of Rodney King. This was the precipitant to the largest episode of civil unrest in the history of the United States. Although the evidence indicates that civil disturbances may only cause a small ripple in the experience of psychiatric workers, this was not consistent with our experience at the West Los Angeles Veterans Administration (VA) Hospital during the Los Angeles riots of 1992.


1997 Psychiatric consultation to police hostage negotiation teams Theodore Feldmann MD psychiatry journal 5452 Hostage and barricade situations are encountered by law enforcement agencies with increasing frequency. Large scale standoffs such the Branch Davidian incident in Waco, Texas, or the Freemen siege in Montana typically attract intense media coverage and capture the public s attention. On a day to day basis, however, police officers deal with hostage-takers and barricaded subjects whose motivation is frequently influenced by underlying psychiatric illness, alcohol, drugs, or extreme emotional states. With that context in mind, this article examines the various roles that forensic mental health consultants may serve with police hostage negotiation teams.
1997 Naming the charge: criminal justice decision-making with a group of mentally ill and homeless defendants Danielle Laberge PhD psychiatry journal 8064 This article examines the choice of criminal charges made by the police and by the prosecution when dealing with homeless and mentally disturbed individuals. This decision has an important impact on the risk-evaluation of offenders. Using a sample of 22 individuals suffering from these problems, objective characteristics of the event and of the accused, as well as subjective characteristics are examined in relation to the official charge. The analysis concludes that overcharging by police and by prosecution are not based on objective seriousness of the offense but rather on their perception of the accused s need of psychiatric help.
1997 Psychologist as a "hired gun" Margaret Fischer PhD, JD psychology journal 8168 no abstract
1996 Civil commitment in Southern Nevada-historical overview Franklin Master MD psychiatry tapes 10034 An historical overview, with commentary on current status, of civil commitment across the U.S. is presented, with focus on the recent major changes in civil commitment law passed by the Nevada legislature. Implementation of the new law began October 1, 1995, and the authors address the effects of the law, during its first three or four months, on the statistics of civil commitment in Southern Nevada.
1996 Treating psychiatrist as expert witness--pitfalls, conflicts, responsibilities Kenneth I. Gottlieb, MD psychiatry tapes 10018 Participants will learn the legal distinction between "fact" and "expert" witnesses; potential risks and benefits of the "treating psychiatrist" as expert witness; the protocol for balancing professional responsibility with duty to the patient.
1996 The effectiveness of multicultural sensitivity in criminal sentencing cases Barbara C. Counter, Ph.D. psychology tape 1405 To develop persuasive psychosocial arguments for alternative sentencing, sensitivity to multicultural issues is essential, How these issues can be researched, delineated and presented to the court in its efforts to construct fair and meaningful sentences will be detailed in two cases. Participants will recognize and effectively utilize multicultural differences in preparing alternative sentencing reports.
1996 Role of psychologists in criminal forensic cases in South Africa Annelies Du Plessis MA psychology tape 10017 This paper presents the case of a 24-year-old male who was referred to the forensic unit of a state psychiatric instititution for observation to determine his criminal responsibility on a charge of rape and murder.
1996 Post-verdict psychological consultation in the federal courts Elliot Atkins, Ed.D. psychology tape 1438 Federal sentencing guidelines require an "offense oriented" as opposed to an "offender oriented" approach to sentencing. Certain offender characteristics, however, may be taken into consideration in the formation of a defendant s sentence. Psychologists are being utilized in both an evaluative and consultative role in helping an attorney define and articulate a defendant s personal characteristics in the process of developing a sentencing plan. The services of a psychologist may be secured for a range of interventions spanning the continuum from plea negotiations to post sentencing relief. This presentation will make psychologists aware of the range of roles they can play in facilitating the definition and articulation of a defendant s personal characteristics for sentencing in federal courts.
1996 Declarations, depositions and subpoenas- what every psychologist needs to know Penny Clemmons, Ph.D., J.D. psychology tape 1401 This presentation will prepare the psychologist to meet the ethical and legal obligations involved in the legal discovery process. The three major areas to be discussed are: declarations depositions and subpoenas. Participants will learn to recognize and avoid common pitfalls when dealing with the legal discovery process.
1996 Behavioral indicators of sexual abuse and their unreliability-vigorous cross-examination Terence W Campbell PhD psychology tape 1446 Behavioral indicators supposedly characteristic of the sexually abused population are regularly cited in legal proceedings as probative evidence of abuse. In fact, however, these indicators are more prejudicial than probative. This presentation will review issues of diagnostic sensitivity, diagnostic specificity, and interrater reliability to demonstrate the many problems undermining the use of such indicators. Examples of the cross examination experts would likely encounter when relying on these indicators will be outlined. Participants will increase their awareness of how low interrater reliability compromises any rating scale; learn how all rating scales should be evaluated with regard to both diagnostic sensitivity and diagnostic specificity; and learn more about vigorous cross examination associated with using these indicators
1996 The exculpatory power of personality disorders in criminal law Emily Fallis, PhD psychology tape 9034 The mental state of a defendant is relevant to every legal act, every phase of trial, and the crime itself. Etiological and theoretical considerations with regard to personality disorders are critical in determining their exculpatory power in criminal law. The position that individuals with personality disorders can choose, for instance, whether or not to commit a crime must be examined in light of evidence which highlights the immutable nature of such disorders. Participants will be able to describe the exculpatory utility of Axis II diagnoses in criminal proceedings
1996 Mental disorder and criminal offense category-in search of a relationship among female criminal defendants Yekeen Aderbdigbe MD psychiatry journal 379 This study examined the relationship between mental disorder and criminal offense category among a sample of women who were charged with a criminal offense and referred for a forensic psychiatric evaluation. Major psychiatric morbidities were frequent among the women in this study. Twenty-three percent of the women had a diagnosis of schizophrenia, 24 percent had a diagnosis of major affective disorders, and 17 percent had a diagnosis of psychoactive substance use disorders. Seven percent had a diagnosis of borderline personality disorder and 9 percent were diagnosed with antisocial personality disorder. The combined rates for schizophrenia, major affective disorders and psychoactive substance use disorders was 55 percent, and the combined rates for both borderline and antisocial personality disorders was 16 percent.





1996 Cocaine, homicide and criminal responsibility Hadley Osran MD psychiatry journal 380 Cocaine use produces a wide range of psychiatric symptoms. Therefore, a criminal defendant who was under the influence of cocaine at the time of the alleged crime, may have been suffering from sufficient mental impairment in which a cocaine-related psychiatric defense may be viable. For example, a defendant suffering from an acute, nonpsychotic cocaine intoxication may be confused, agitated, hostile and impulsive. These symptoms may impair the defendant s ability to premeditate during the commission of a homicide, thus reducing the defendant s degree of culpability. Because of its effects, cocaine use has played a major role in the increase of violent crime in this country. This article reviews two cases in which cocaine use had a substantial role in the commission of homicide. The issues regarding cocaine related psychiatric impairment, the defendant s mental state and criminal responsibility will be discussed. In addition, this article will provide an overview of the legal aspects of criminal responsibility. Lastly, the pertinent legal case precedents will be discussed.
1996 Post-verdict psychological consultation in the federal courts Elliot Atkins EdD psychology journal 2265 The interface between psychologists and the criminal justice system is a multifaceted one. Typically, attention is drawn to the psychologist s role in an affirmative defense. As an expert witness in an insanity or diminished capacity defense, the psychologist addresses issues related to the defendant s state of mind at the time of the commission of the offense. At other points along the criminal justice continuum, the psychologist is asked to view the defendant from a much broader prospective. In these cases, the subject of expert testimony would include an understanding of the defendant s personality and functioning prior to and subsequent to his or her commission of the offense. The purpose of this article is to discuss the role psychologists can play in helping to define and articulate the defendant s personal characteristics in the aftermath of a guilty plea or a conviction.
1995 Expert witness through the eyes of the novelist Kathleen S. Mayers, PhD
psychology tape 1353 no abstract at this time
1995 Impeachment of the expert witness- what not to do when evaluating litigants Barbara A. Noyes, PhD psychology tape 1466 no abstract
1995 Criminals who testify-unique opportunity for psychotherapeutic change Leslie K. Knutson, Ph.D. psychology tape 10022 no abstract at this time
1995 Role of the forensic psychologist in providing expert testimony on chronic pain syndromes - the Canadian experience Desmond Coen PhD psychology journal 2655 Expert testimony on chronic pain syndromes is often confusing to the court. This can have the effect of leaving the legal decision makers to their own devices in achieving clarity in this enormous and technically complex area of personal injury litigation. This article examines the roots of this confusion, clarifies key terminology, and suggests a simple three-part psychological assessment strategy to help the court to reach a comprehensive and clear view of the psychological condition of the chronic pain patient.
1995 Eyewitness expert testimony R Edward Geiselman PhD psychology tape 1324 no abstract at this time
1995 Parens patriae and the civil commitment of the mentally ill-a patient s perspective

Susan Stone JD, MD
Pedro Ruiz
M Efrain Gomez MD
James Van Norman MD

psychiatry journal 5203 Paternalism has always been a dominant ethical force behind the civil commitment of the mentally ill in this country. While the origins and motivations of this paternalism have always been rooted in the desire to protect and treat the mentally ill, we must insure that civil commitment procedures will not be used as a method of social control. In this article, we examine the benefits and disadvantages of the American Psychiatric Association's model legislation proposal of 1983, developed in response to its membership's dissatisfaction with the civil commitment process. Psychiatrists have always been concerned with measures that place too many limitations on their clinical discretion. Also, the period of deinstitutionalization represented a relapse rather than truly a mental health re-form. However, we must be careful not to regress to a situation which was proven ineffective for the mentally ill. Since the American Psychiatric Association's model legislation of 1983 has been accepted and put into law by most states in the nation, it is important to objectively examine it from a patient's civil rights point of view. Hopefully, this article will shed light in this regard.
1995 Mock trial: competence in criminal cases (2 tapes) Roger T Sharp JD psychiatry tapes 1328
1994 Not criminally responsible on account of mental disorder Joseph A Noone MD psychiatry tapes 1931 For the first time since the 1800s, there has been a change in the Criminal Code of Canada regarding mentally ill persons in conflict with the law. The intent of the amendments was to reduce prolonged detention of insanity acquittees. Such changes require that mental health professionals, serving as consultants to the judicial system or as practitioners need to reassess what the new provisions ask of them. A number of ambiguities require clarification. Dr. Noone outlines the changes in the new law, differences from the prior law and clarifies ambiguous portions of the new law and assess whether it has fulfilled its purpose.
1994 Contingency fees for expert psychiatrist witnesses Douglas Anderson MD
psychiatry tapes 10086 Attorneys are permitted to work on a contingency basis, however, it is generally considered unethical for expert witnesses in legal cases to do so. Some think otherwise and foresee a change in this regard. Formal arguments are advanced in support of and in opposition to the acceptance of contingency fees by expert witnesses in any and specific circumstances.
1994 Ziskin can withstand his own criticisms Jay Ziskin LLB, PhD psychiatry journal 5317 Rogers et al. in their article, "Can Ziskin withstand his own criticisms? problems with his model of cross-examination" declare that I have proposed general principles of cross-examination. They charge me with failure to validate my own claims. They report research which purports to cast doubt on my "principles" of cross-examination. In this response, I will indicate that their article does not live up to the standards they apply to my book, misconstrues or omits relevant portions of my book and provides no test of my suggested approach to cross-examination.
1994 The reluctant respondent- the geriatric patient in a civil commitment hearing Kathleen Mayers PhD psychology journal 242 Geriatric patients can be quite reluctant to attend their own hearings. The factors contributing to this reluctance are explored in this article, including time and location of the hearing, lack of familiarity with court personnel, and cognitive losses resulting from dementia. The patient with dementia may lack an understanding of the purpose of the court hearing, may have lost the ability to comprehend speech, and may experience losses of physical, cognitive, and emotional control. Sensitivity to the patient s desire to remain in his "home" environment, accommodation to the patient's needs and wishes by moving the legal proceeding to the patient's home ward, using efforts to calm the patient and ensure his level of comfort, and slowing the pace of the proceeding are suggested as strategies to provide adequate services to elderly respondents.
1994 Civil commitment of the severely demented patient-coercion and ineffective communication Kathleen Mayers PhD psychology journal 243 This article discusses the presence of coercive and persuasive patterns of speech as well as ineffective communication with patients diagnosed with severe dementia when civil commitment proceedings are scheduled. The manner in which the civil commitment proceeding is conducted, the patient's response to medication rights and his decision as to whether he will attend the legal proceeding are often decided on the basis of the patient s misunderstanding of language, his inability to comprehend the situation, his response to a "bribe" at times, a food treat or opportunity for socialization, and his desire to offer an acceptable answer to a question he does not understand.
1994 Criminalization of the mentally ill Franklin Master MD psychiatry tapes 1933 no abstract at this time
1993 Permanent disability and apportionment -cross-examination of the psychiatrist Barry Satzman JD psychiatry tapes 10145 Detailed analysis and discussion of a forensic case in which a report was written for litigation purposes. The psychiatrist was cross-examined in deposition by agreement of both parties to the claim. In learning the details of this actual case history, participants will better understand the disparate roles of psychiatrists and attorneys in compensation litigation. At issue in this case is the presence of two separate and distinctly different psychiatric diagnoses made by the same Agreed Medical Examiner who evaluated the applicant on two different occasions approximately a year apart. Attorney for the applicant vigorously challenged this finding and cross-examined the psychiatrist in deposition. In addition to full history, discussion of the case and argument, both the psychiatric reports and the deposition will be discussed by the attorney.


1993 Proper foundation for the expression of opinions in court John T. Philipsborn, JD
Steven Hamilton JD
psychiatry tapes 10143 What is a proper and sufficient foundation for the expression of expert opinion in court? Hamilton, a civil specialist and Philipsborn, a criminal specialist, discuss the implications of recent case law and litigation related to answering this important question. Participants will benefit from this presentation by receiving guidelines, from a medicolegal standpoint, on the basic requirements of a defensible opinion in court. Focus will also be on cases involving mental state issues and demonstration of direct and cross-examination of the expert witness. Case law will be introduced, including recent judicial opinions in Ake v. Oklahoma, 470 U.S.
1993 Forensic consultation in the dissociative disorders - guidelines for assessment Lynda M. Bjornson, Ph.D. psychiatry tapes 10132 The forensic consultation and evaluation of a dissociative disorder must address the issues of insanity, competency to stand trial, ability to assist in discovery and at trial, the issues of malingering and deception to avoid prosecution and/or minimize punishment. This presentation provides a flow-chart decision tree for data collection in pre-offense evidence of a dissociative disorder, evidence from the clinical interview interaction, mental status examination and standard diagnostic and specialized psychometric tests for dissociation. Guidelines for formulating specific assessment questions, case analysis, data presentation as a forensic expert at deposition and trial offered.

1993 Impact of psychological research, theory on 1991 civil rights act-- related cases Richard V. Campagna, JD psychology tape 1392 A thorough investigation of the Congressional Record was conducted, identifying key areas of psychological theory and research that have influenced the Civil Rights Act of 1991, landmark legislation. Recent case law under the statute is also analyzed with a view to guiding the expert witness and forensic psychologist in furnishing testimony. The importance of psychological research on the lawmaking process is stressed, and various aspects of expert witness testimony related to sexual and racial discrimination discussed.




1993 Case study in trial consulting- antitrust case James Boudouris PhD psychology journal 1449 Trial consulting is a controversial infusion of various techniques and services into the justice system, for a variety of clients, in both criminal and civil trials. An antitrust case involved the attempt by one hospital to monopolize the health care in a community by entering into an agreement with another hospital to fix prices in order to drive out competition. The rare opportunity to compare the reactions and observations of a person who voted in one direction when part of a 150 person survey but changed sides when part of the actual jury is described. The implications for attorneys using the services of trial consultants is summarized.
1993 Dilemmas of a consultant, therapist, and expert witness in a sexual misconduct case Phyllis Kaufman PhD, LCSW psychiatry tapes 1382 Participants will learn consultation techniques specific to the problem of sexual misconduct, ethical considerations for the consultant who might easily become embroiled in a conflict of interest, reporting options for assisting the reluctant client, treatment techniques, and safeguards against problems that arise in deposition.
1993 Adverse psychological evaluations in civil suits involving sexual misconduct by professionals Ralph Uderwager PhD and Hollida Wakefield MA psychology journal 5295 no abstract
1992 Stress claims, psychophysiology and expert psychological testimony Robert Grove PhD psychology tape 1997 Stress claims focus on subjective pre morbid and post trauma phenomena. Psychophysiology provides a "snapshot" of current stress reactivity. The question is, to what extent does current stress reactivity reflect either a pre morbid condition or a true posttraumatic reaction?
1992 Mental retardation as a defense to criminal behavior Dr Verdun Trione psychology tape 1989 Expert psychologist and defense attorney review a case in which mental retardation was used as a legal defense. The case involving a firebombing that resulted in the death of two victims. Two teenage perpetrators and their 33-year-old driver were tried separately for the crime.
1992 Juvenile criminal responsibility and the courts Julianne Lockwood PhD psychology journal 358 The issue of whether to prosecute and sentence a youthful criminal offender as a juvenile or adult is one which typically has challenged attorneys and psychologists alike. This article summarizes past and current inconsistencies and contradictions in public, legal, and psychological thinking that have contributed to the confusion and ambivalence inherent in the various transfer laws, the nature of existing statutory and psychological guidelines regarding the binding-over of juveniles to adult court, and the contribution of psychologists to transfer proceedings.
1992 Abandonment adult rage-the root of violent criminal acts Faith Leibman MA, JD psychology journal 359 This article explores the underlying dynamics of acts of violence and the development and implementation of treatment programs for violent offenders. Acts of violence seldom occur in a vacuum.




1992 Criminalization of the mentally ill: problems and proposals for networking the system John Dupre MD psychiatry tapes 1910 no abstract at this time
1992 Forensic challenge-expert testimony Joann Ondrovik PhD psychology journal 5188 Attorney David Hamilton and psychologist Joann Ondrovik discuss the frustrations mental health professionals have historically experienced when confronted with the adversarial nature of the court system. The best clinical judgment and treatment approaches may pale when subjected to forensic scrutiny... Without question, however, the forensic arena presents an exciting challenge for those who are willing to accept it. Contents include: assessment skills, substantive knowledge, organization and communication, written reports are discussed.


1992 False confession- manipulative interrogation of the mentally disordered criminal suspect Howard Terrell MD
William Logan JD
psychiatry journal 6059 The majority of all criminal cases in the United States are solved by confession. A great deal has been written on the topic of interrogation techniques for law enforcement personnel. Very little has been written, however, on "false confessions" that have been obtained under police interrogation and later recanted. The following case history is that of a 64-year-old Korean war veteran who was manipulated into giving a "false confession" under intense police interrogation. The interrogation, itself, was conducted in a manner that recreated many circumstances similar to those in Korea that initially lead to his Post-traumatic Stress Disorder. This rendered him much more vulnerable to the interrogators manipulative efforts.
1992 Allegations of sexual abuse:case example of a criminal defense Terence Campbell PhD psychology journal 5023 This article outlines how a psychologist can assist in defending an individual who appeared unjustly accused of criminal sexual conduct. It applies previously published conceptualizations related to false accusations of sexual abuse (1) to expert testimony in a criminal matter. The defense strategy developed for this case was unusual because it did not involve any clinical evaluations. Instead, the expert's testimony confined itself entirely to applying relevant research evidence to the issues of this case.
1992 Childhood abandonment/adult rage-the root of violent criminal acts Faith Leibman JD psychology journal 8151 no abstract
1992 Forensic challenge-expert testimony Joann Ondrovik PhD
David Hamilton PhD, JD
psychology tape 1845 Attorney David Hamilton and psychologist Joann Ondrovik discuss the frustrations mental health professionals have historically experienced when confronted with the adversarial nature of the court system. The best clinical judgment and treatment approaches may pale when subjected to forensic scrutiny... Without question, however, the forensic arena presents an exciting challenge for those who are willing to accept it. Contents include: assessment skills, substantive knowledge, organization and communication, written reports are discussed.


1991 Cross-examination of the mental health expert in the criminal case Jeremy Margolis JD
Jerome Schulte MD
psychiatry tapes 1871 Inspector General of the State of Illinois and Director of the Illinois State Police discusses cross examination of the forensic mental health expert in the criminal case. Legal advice.
1991 Preparing the expert witness for trial - effective direct and cross-examination Roger T Sharp JD psychiatry tapes 10183 Expert psychological testimony in court, specifically, the necessary prerequisites of trial preparation and effective direct and cross-examination examination.
1991 Dissociation and unconsciousness as a defense in the criminal case Daniel Schiele MD, PhD psychiatry journal 5250 Legal problems with the concept of dissociation are reviewed. Unconsciousness in dissociation is an affectively altered cognitive state. The individual is, therefore, unable to form specific or criminal intent representing a defense reaction to a perceived real or imagined physical or psychological threat. Amnesia, in the case of a pawnbroker who shot his estranged wife and her attorney in front of witnesses in his store, is explained by a psychiatrist who is a specialist in the area of dissociative disorders.
1991 Importance of criminal behavior related variables in criminal prognosis Aurora Valenzuela MD, PhD psychology journal 5294 Determining whether or not an individual is dangerous is difficult and the ability to predict future behavior is very low. Reports of study carried by the authors on 156 convicted subjects by the Department of Forensic Medicine of the University of Granada in Spain. Accuracy of prognoses of dangerousness were assessed along with other variables that might served as superior predictors.
1991 Decision to criminally prosecute the psychiatric patient J Reid Meloy PhD psychiatry journal 5227 There is indirect evidence that mental health professionals are more inclined to actively participate in the criminal prosecution of violent psychiatric patients. Author reveals fourteen factors that may warrant the clinical decision to criminally prosecute a patient, including offense characteristics, patient history and social and policy issues. Although the science of human behavior is deterministic, mental health professionals are disinclined to ignore volitional behavior in their treatment of psychiatric patients.
1991 Reading the Supreme Court's tea leaves-predicting judicial behavior in civil and criminal right to refuse treatment cases Michael Perlin JD psychiatry journal 5204 The question of the right to refuse antipsychotic medication remains the most important and volatile aspect of the legal regulation of mental health practice, and it is essential that both practitioners and forensic experts familiarize themselves with recent case law and constitutional developments.
1991 A five-year follow-up survey of criminal recidivism within a treated cohort of 406 pedophiles,111 exhibitionists and 109 sexual aggressives: issues and outcome Fred Berlin MD, PhD psychiatry journal 5050 no abstract
1991 Reading the Supreme Court's tea leaves-prediciting judicial behavior in civil and criminal right to refuse treatment cases Michael Perlin JD psychiatry journal 8041 no abstract
1991 Dissociation and unconsciousness as a defense in the criminal case Daniel Schiele MD, PhD psychiatry tape 1725 Legal problems with the concept of dissociation are reviewed. Unconsciousness in dissociation is an affectively altered cognitive state. The individual is, therefore, unable to form specific or criminal intent representing a defense reaction to a perceived real or imagined physical or psychological threat. Amnesia, in the case of a pawnbroker who shot his estranged wife and her attorney in front of witnesses in his store, is explained by a psychiatrist who is a specialist in the area of dissociative disorders.
1990 Police brutality litigation and expert testimony Stuart Bobrow JD
Marvin Ziporyn MD
psychiatry tapes 1775 Legal background of police brutality cases and the role of the psychiatrist as expert witness. Importance of evidence in police negligence cases and demonstration of interpretation of this evidence at trial.
1990 Dementia as a legal defense in civil and criminal diminished capacity cases Jay Cohn MD, PhD, JD psychiatry tapes 1714 no abstract at this time
1990 Criminal offender: seductions of crime, visible and invisible motivations (1 of 2) Jack Katz PhD, JD psychology tape 1752 Motivations leading to passion, murder, amateur, adolescent, nonviolent property crime and robbery are examined. Offenders' experiences of the seductions of crime will be compared with common background theories and with the types of explanation that offenders are often induced to provide.
1990 Expert testimony in the sentencing phases of trials -survey of judges, attorneys, psychiatrists and psychologists Billie Corder EdD
Valerie Spalding JD
Dolly Whitsde JD
Reid Whiteside PhD
psychology journal 5069 What do you consider to be the primary problems and errors you have observed in testimony given by mental health expert witnesses in the sentencing phases of trials? Do you feel judges or juries give more weight to testimony emphasizing research evidence, or to the clinical experience of the expert witnesses? What techniques have you observed to be most effective in the presentation of mental health expert witnesses testimony in this phase of trials? What techniques have you observed to be most effective in handling cross-examination by these witnesses? Authors report responses of judges and forensic psychiatrists and psychologists from their survey.
1990 The criminal mind-early reflections and subsequent observations Raymond Lande DO psychiatry journal 5134 A correlation appears to exist between traumatic early memories and belligerent behavior. The central question is whether convicted felons would, as a group, exhibit unique screen memories? - early memories that function to disguise and repress far more painful recollections. Repetition of long forgotten childhood events may be expressed in later emotional problems. This may in part account for child abuse victims becoming adult perpetrators. Relationships between these early screen memories and subsequent criminal behavior were studied. One finding was that of 20 respondents in the study convicted of murder, 16 recalled painful events.
1990 On the practicalities of being an expert witness Jay Cohn MD, PhD, JD psychiatry journal 5033 none at this time
1989 Forensic psychiatric assessments in criminal cases and the judiciary Thane Crossley PhD
Roger Guzman MD
psychiatry tapes 1788 Development, general operation and evaluation of a progressive inpatient forensic mental health unit. Authors report functions and success of 17-bed forensic unit servicing patients assessed by the courts and describe treatment and long-term planning for offenders by a multidisciplinary team.
1989 Psychological consultation for systematic jury selection David Vore PhD psychology tape 10077 Since the early 1970s the techniques of systematic jury selection have been increasingly utilized by the legal community. Presenter says it is noteworthy to recognize that verdicts in cases where psychological consultation was employed were generally favorable to the side utilizing the process in terms of either acquittal, lenient sentencing or damage award.
1989 Criminal state of mind testimony- brief history and cross-examination issues Andrew J Thorpe JD
Donald Baumeister JD
psychology tape 1492 While intoxication and mental disability are still valid defenses to most types of crime, a number of new developments and their impact on those accused of criminal acts are reviewed. Challenges to psychological testimony under cross-examination discussed.
1989 Cross-examination of expert mental health professionals Eric Marcus MD psychiatry journal 6015 Skillful cross-examination by attorneys aims at isolating and underscoring the relevant facts in a case and exposing conjecture by expert witnesses. The artful attorney will salvage only verifiable facts and vigorously challenge unseen assumptions and speculations.
1989 Cognitive and volitional defenses to charges of criminal culpability Angela Raimo EdD, JD psychology journal 6018 Author traces legal background of cognitive and volitional mental state defenses, noting progressive tendency of courts to admit reliable psychiatric and psychological evidence and opinion that weigh on motivational dimensions of criminal cases involving free will, deliberation and premeditation. Also discusses criticism of the M'Naghten test and roots of the mental disease or defect defense. Relevant legal cases reviewed and discussed.
1989 Psychological consultation for systematic jury selection David Vore PhD psychology journal 5304 Since the early 1970s the techniques of systematic jury selection have been increasingly utilized by the legal community. Author says it is noteworthy to recognize that verdicts in cases where psychological consultation was employed were generally favorable to the side utilizing the process in terms of either acquittal, lenient sentencing or damage award. Author discusses techniques.
1988 Consultant to the crime team- personal observations Eric Marcus MD psychiatry tapes 10045 The author discusses his role as mental health consultant to the police by reviewing a particularly puzzling case involving the brutal murder of a child.
1988 The physician as witness- pitfalls for the unwary Anthony Oliver MD psychiatry journal 5185 Like the prudent visitor to a foreign land the physician participant in legal proceedings would be wise to acquire beforehand a practical degree of familiarity with the language, ethics, customs and traditions that make the profession of law so disparate from that of medicine. Else be prepared to suffer the consequences, for that oft repeated aphorism, Ignorance of the law is no excuse, serves to caution the unwary. Like it or not, in this era of the consumer patient and the corporate health care provider, legal and ethical considerations have increasingly intruded into the everyday practice of medicine. The vast majority of physicians are utter novices when it comes to legal matters, even on those issues directly related to the practice of medicine. Virtually every situation in which doctor and lawyer interact within the context of their professional roles is fraught with the potential for misunderstanding, disagreement, or conflict. Author presents a case that exemplifies one of the most common causes of friction between physicians and attorneys, namely the issues, terms and conditions governing the physician witness called on to testify in deposition or at trial when not a party to the action.
1988 Forensic evaluations-criminal cases in federal courts Martin Bohn PhD psychology journal 5061 Forensic evaluations, in response to court orders, conclude with reports prepared for the court that deal primarily with psychological or mental health variables as these relate to legal issues. Imperatives in evaluating and writing such reports are discussed.
1988 Organic mental disorders and criminal behavior Philip Hicks MD psychiatry journal 6006 no abstract
1988 Post-traumatic stress disorder as a legal defense in criminal trials Harold Hall PhD psychiatry journal 8032 no abstract
1988 The psychiatrist as consultant to the crime team-personal observations Dr Anthony Marcus psychiatry journal 8034 no abstract
1988 The psychological interview in criminal cases-The forensic interview and commentaries (entire journal, 90 pages) The psychological interview (group) psychology journal 8136 no abstract
1988 Forensic evaluations-criminal cases in federal courts Martin Bohn PhD psychology tape 10158 Forensic evaluations, in response to court orders, conclude with reports prepared for the court that deal primarily with psychological or mental health variables as these relate to legal issues. Imperatives in evaluating and writing such reports are discussed.
1988 The physician as witness- pitfalls for the unwary Anthony Oliver MD psychiatry tape 1820 Like the prudent visitor to a foreign land the physician participant in legal proceedings would be wise to acquire beforehand a practical degree of familiarity with the language, ethics, customs and traditions that make the profession of law so disparate from that of medicine. Else be prepared to suffer the consequences, for that oft repeated aphorism, Ignorance of the law is no excuse, serves to caution the unwary. Like it or not, in this era of the consumer patient and the corporate health care provider, legal and ethical considerations have increasingly intruded into the everyday practice of medicine. The vast majority of physicians are utter novices when it comes to legal matters, even on those issues directly related to the practice of medicine. Virtually every situation in which doctor and lawyer interact within the context of their professional roles is fraught with the potential for misunderstanding, disagreement, or conflict. Author presents a case that exemplifies one of the most common causes of friction between physicians and attorneys, namely the issues, terms and conditions governing the physician witness called on to testify in deposition or at trial when not a party to the action.
1987 Post-traumatic stress disorder- successful civil and criminal defense cases Jerome Platt PhD
Stephen Husband MA
psychology tape 10176 Psychologists discuss recent case law and research findings that they have found to be helpful instruments when representing PTSD claimants.
1987 Handling difficult cross-examination as an expert witness- a practical approach Rick D. Bauman, PhD
psychology tape 1830 An alternative title of this presentation might be, Ziskin, a good warning, but not a terror. A theoretical and practical repertoire for coping with aggressive legal questioning in the courtroom. The speaker identifies critical areas raised by such people such as Jay Ziskin, author of Coping with Psychiatric and Psychological Testimony, and the philosophical approach to cross-examining mental health professionals, both psychologists and psychiatrists.
1987 Post-traumatic stress disorder as a legal defense in criminal trials Harold Hall hD
Frederic Hall JD
psychology journal 6028 A diagnosis of Posttraumatic Stress Disorder can be established, its severity can be measured, and a determination can be made as to whether or not the existence of this disorder is relevant to alleged criminal behavior. Focus is on PTSD as a legal defense. 19 leading posttraumatic stress disorder legal cases and court decisions are offered, along with suggested readings.
1987 Post-traumatic stress disorder- successful civil and criminal defense cases Jerome Platt PhD
Stephen Husband MA
psychology tape 10766 Psychologists discuss recent case law and research findings that they have found to be helpful instruments when representing PTSD claimants.
1986 Post-traumatic stress disorder of the delayed type- defense in criminal proceedings Michael Cleary MD psychiatry tapes 1771 The chronic, or delayed subtype, is most often applied to the war veteran. By demonstrating potential for abuse, clinicians will be helped to avoid inappropriate use of this category and consequent misuse of mental health resources. Cases presented include State v Jensen (double murder, 1973), resulting in conviction but appealed in 1985 on grounds of previously undiagnosed PTSD.
1986 Criminal responsibility of juvenile offenders Albert Drukteinis MD, JD psychiatry journal 6052 Because the juvenile court system has received severe criticism and society has been growing apprehensive about juvenile crime, there is now less tolerance of juvenile offenders and increasing pressure to treat youths as adults. In addition, since the juvenile court system has been strictly mandated by the Supreme Court to observe procedural due process in delinquency hearings, a previously informal atmosphere is gradually being converted to one resembling an adult trial. In this type of forum, mental capacity based on age will likely surface in the more traditional manner seen in adult cases, namely, in issues of competency to stand trial, ability to form criminal intent, and the use of an insanity defense.
1986 Correcting criminal thinking Margaret McGall-Boyes MD psychiatry journal 5225 Author reports outcome of applying principles espoused in Yochelson and Samenow's The Criminal Mind to therapeutic treatment with patients confined at California's Atascadero State Hospital.
1986 Confidentiality dilemmas for psychologists and psychiatrists in the criminal justice system George Saxton PhD psychology journal 8125 no abstract
1986 Criminal responsibility of juvenile offenders Albert Drukteinis MD, JD psychology journal 8126 no abstract
1986 Correcting criminal thinking Margaret McGall-Boyes MD psychology journal 8130 no abstract
1986 Criminal responsibility of juvenile offenders Albert M Drukteinis MD, JD psychiatry journal 10798 This paper does not attempt to offer a new design for the juvenile court system. Rather it attempts to point out some elements in the evolution of the current methods of dealing with juvenile delinquency, as they relate to past and present concepts of criminal responsibility in children
1985 Mass murder-literature review and conclusions based on studies in criminal psychiatry Arboleda-Florez J psychiatry tapes 10069 Author reviews the literature on mass murderers and presents several conclusions based on his studies in this area of criminal psychiatry.
1985 Factual testimony based on impairment rating Kurt Nussbaum MD psychiatry journal 5181 Is factual testimony, based on objective assessment of severity of impairment, possible? The author holds that it is very possible within the realm of factual science. It has worked successfully in the Social Security disability program for years. Disability assessment is based on the legal requirement that impairment be judged on the basis of demonstrable, i.e., replicable, objective signs and laboratory and test findings.
1985 Civil competency evaluation- guidelines for objective assessment Gerald Cooke PhD psychology journal 5018 The evaluation of civil competency is an entirely separate area from criminal competency. An individual may be criminally competent and not civilly competent and vice versa. Emotional and cognitive problems, contractual competency,estate management, testamentary capacity, informed consent and court testimony are discussed.

1984 PTSD in criminal defense cases Joel Dreyer, MD
psychiatry tapes 1741 Speaker discusses posttraumatic disorder in terms of its applications to legal defense proceedings, using six legal cases in which he testified as an expert witness.
1984 Women molested as children- therapeutic and legal issues in civil actions Mary Lou Hyde MSW and Phyllis Kaufman MSW psychiatry journal 5130 Incest survivors, those who are victims of a child sexual assault by a parent or parenting figure, are beginning to explore what their legal rights are against the individuals who sexually abused them as children. These injured parties who appear unaffected, manifesting no visible scar tissue or disability, must be prepared, if bringing civil actions, to bear a heavy burden of proof because of the current limitations of our present laws, the adversarial nature of psychiatric expert testimony and the public attitudes that insulate the family against external intrusion.
1984 A reading of psychological evaluation and expert testimony-practical guide to forensic work Robert Howell PhD psychology journal 8112 no abstract
1984 Women molested as children- therapeutic and legal issues in civil actions Mary Lou Hyde MSW and Phyllis Kaufman MSW psychiatry tape 10175 Incest survivors, those who are victims of a child sexual assault by a parent or parenting figure, are beginning to explore what their legal rights are against the individuals who sexually abused them as children. These injured parties who appear unaffected, manifesting no visible scar tissue or disability, must be prepared, if bringing civil actions, to bear a heavy burden of proof because of the current limitations of our present laws, the adversarial nature of psychiatric expert testimony and the public attitudes that insulate the family against external intrusion.
1983 Mentally retarded defendants-competency and criminal responsibility AE Daniel MD and Karl Menninger JD
psychiatry journal 10767 Lack of clear judicial guidelines regarding competency, the clinician's attitudinal bias, and the relatively permanent nature of "retardation " may lead to a finding of incompetency enhancing the chances for permanent confinement of the retarded defendant in a state hospital. Helpful guidelines are presented, which may serve evaluating professionals in making meaningful recommendations to the court. See Competency


1983 Dissociative states-disproportionate use as a defense in criminal proceedings Michael Cleary MD psychiatry journal 6023
1983 Dangerousness as a standard for civil commitment Jay Cohn MD, PhD, JD psychiatry journal 5032 Presentation and critical view of three landmark models for involuntary civil commitment: Parents Patriae theory, the Lanterman Petris Short Act, and the Stone model.
1983 Profile of the older criminal John LaWall MD psychiatry journal 4136 A significant number of older felons who committed prior felonies suggests that the seriousness of crime does not necessarily decrease with age.