Description
From a leading expert on interpersonal violence, this book explains what mental health clinicians need to know about the legal system and their role in it, particularly when working with victims of child abuse, neglect, or domestic violence. John E. B. Myers provides an accessible overview of the criminal and civil justice systems, focusing on laws, cases, and procedures that are relevant to clinical practice. Numerous illustrative examples and legal cases are included. The book examines how interpersonal violence is proven in court and offers practical guidance for responding to subpoenas, interacting with legal personnel, testifying as an expert witness or fact witness, and managing liability and malpractice risks.
Chapter
1.
The American Legal System
What Roles Will You Play in the Legal System?
The United States Is a Common-Law Country
The Adversary System of Justice
Ambivalence about Lawyers
Part II.
The Criminal Justice System
The "Reasonable Person" Standard in Law
3.
Criminal Investigation and Trial
Exceptions to the Hearsay Rule
The Impact of the U.S. Constitution on Hearsay
A Final Note about Documentation
Part III.
The Civil Justice System
Establishing the Parent–Child Relationship: Parentage
The Hague Convention on Civil Aspects of International Child Abduction
6. Child Protective Services and Juvenile Court
Child Protective Services
Abuse and Neglect: Dependency Proceedings in Juvenile Court
7.
Voluntary and Involuntary Mental Health Treatment
A Short History of Involuntary Commitment
Short-Term Emergency Hospitalization
Legal Standards for Civil Commitment to Inpatient Treatment
Risk Assessment: Predicting Dangerousness
Legal Standards for Outpatient Commitment
The Right to Refuse Treatment
Periodic Review of Civil Commitment
Civil Commitment of Persons with Intellectual Disability
Civil Commitment of Children
Civil Commitment of Sex Offenders
Voluntary Hospitalization
Part IV.
Clinicians and Courts
Secrets of Cross-Examination
Opinion Testimony from Lay Witnesses
Who May Provide Expert Testimony?
Bases for Expert Testimony
Opinions on Ultimate Issues
The Reasonable Certainty Standard for Expert Testimony
Experts Are Educators, Not Advocates
Direct Examination of Expert Witnesses
Cross-Examination of Expert Witnesses
Should a Forensic Interviewer Do More Than Lay the Foundation for a CAC Interview?
Cross-Examination of the Forensic Interviewer
Cross-Examination Using a Learned Treatise
10.
Confidentiality and Privilege
Sources of Confidentiality
Waiver, Forfeiture, and Inapplicability of Privileges
Confidentiality and Privilege in Forensic Evaluations
Confidentiality and Privilege in Couple, Family, and Group Therapy
Disclosure of Confidential and Privileged Information
11.
Malpractice and Ethical Violations
Malpractice Liability for Psychotherapy
Clinical and Forensic Roles in Mental Health
Disclosure of Confidential and/or Privileged Matter
The Duty to Protect Third Persons from a Dangerous Patient
Abandonment versus Termination of Treatment
The Duty to Report Child Abuse and Neglect
Court-Appointed Experts Have Immunity
Part V. Proving Interpersonal Violence in Court
Proof of Domestic Violence
Proof of Child Physical Abuse
Proof of Child Sexual Abuse
A Final Case Study: Allegations of Child Sexual Abuse in Family Court—Systemic Dysfunction
Legal Issues in Clinical Practice with Victims of Violence
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