Psychiatric aspects of court cases are pointed out as well as the legal criteria that psychiatry must decide on in forensic work. It is organized into chapters that describe aspects of the vastness of this field, the opportunities for and responsibilities of mental health.
Introductory Concepts to the Field
Working on the Borderline Between Law and Mental Health
This collection of rules was entitled “The Federal Rules of Evidence.” Among them, Rule 701 describes how an attending physician can only testify as a “lay or factual witness.” In this case, a fact witness is a witness who testifies about the facts he or she observed. Merrell Dow Pharmaceuticals, Inc., the U.S. Supreme Court ruled in 1993 that under the Federal Rules of Evidence, Frye's general acceptance standard was not sufficient to exclude biased testimony and so a new standard was created.
Bringing in Legal Terms of Art to Guide the Mental Health Work
Matters of fact” are the particulars of the case that the jury or judge looks at in trial courts. It is essential to have a confident understanding of the limitations of the role the MHP plays as an expert witness.
Performing an Independent Medical Examination: From Initial Contact
It should also include what information the MHP obtained from each source that contributed to substantiating the expert's opinion. In order for the MHP to prepare the IME report, he or she must prepare the outlines of the report.
A Primer of Forensic Cases and ReportsA Primer of Forensic Cases and Reports
Wrongful Death: Medical Malpractice and the Suicide of a Patient
Yung's concentration and memory were impaired, and yet the psychiatrist left her to her own devices to "pick herself together." The patient was anxious, overwhelmed, and completely psychologically powerless. The psychiatrist also said that he received a call from a woman who told him that his patient was actively suicidal and that he had told “the woman” that she was Mr.
Assessing Psychic Damage: Pain and Suffering
Julie and her friend had been invited to Coach Franklin's house for a marching barbeque. After the affair, Julie entered into a relationship with a woman not much older than her and began to identify as "gay". She felt more comfortable with a woman.
Post-traumatic Stress Disorder
I always respected the police, but I never felt afraid of them." He went on to explain that he had nightmares after the event, “I had a really bad nightmare the other day. I can close my eyes any time of the day or night and see that explosion.” He told me further. Ha continued to tell me, "He said, 'It's a game.'" "I thought he was going to kill me.
The examinee told me that the intruder said, "Don't say anything." He had a knife to his throat. There are no signs of functional loss as a result of any neuropsychiatric disease." He was of the opinion that Ms.
Psychiatric Disability Examinations and Worker’s Compensation
He added that he was unable to concentrate, make decisions and "just interact with people". He was currently trying to regain total disability benefits and a waiver of his monthly premium. On the month he stopped working, approximately 1.5 years after 9/11, the plaintiff visited a psychiatrist who diagnosed "PTSD and dysthymic disorder"; he added it. It was further noted: "He (Mr. Flynn) spoke clearly and concisely." It was found that he and his wife had begun marital therapy in the summer of 2001, after trying pastoral counseling.
It's like a part of me has died." He added that marital intimacy occurred less frequently than before. Fox adds: “He admits nightmares, flashbacks, phobic avoidance, the situation, the inability to cope with any significant stress.
Competency, Testamentary Capacity, and Fitness Assessments
I would have taken it… of course….” He was hesitant and vague about the story. I spend a lot of time with my dad.” He told me he would like to be with his father “because he does more things. Although William said he had stopped abusing substances "a long time ago", he repeatedly returned to his addiction.
He explained to me that the second arrest took place when he was "about 20". He and a friend went to see a band play in town. I only know how to defend myself." He realized that being eager in the investigation appeared to the psychologist as dishonesty, out of context.
Violence Risk Assessment
Roa called from Tim's school district to inform me that he had compiled a "kill list" that included classmates and teachers. Mother described to me how Tim told her that he compiled his "kill list" in a moment of anger. They said: "He is aware of what he has done and has also learned about its consequences.
When it came to anger, he said his father deals with it by "working hard and also taking naps," while his mother "reads a book and plays soft music." He mentioned that he felt scared during the shoplifting incident. Tim was aware that almost everyone at school knew about his "kill list". He was upset because he realized that people will forever look at him differently, “not as a bad person.
Insanity Assessment: Not Guilty by Reason of Insanity
The patient is too psychotic to discuss consent to inform the family…he is unable to sign the form.” The next morning, although still in restraints, he was reading and eating normally. As he became more cooperative, he admitted to hearing voices from the devil telling him to join the "cult." He developed greater insight and was able to recognize that he had a mental problem. May claimed to have seen "a bearded man" who reminded him of a terrorist, "the enemy". He added, “I was tapping my feet and looking.
I didn't know what they were doing to me." He said he was afraid of "the man with the beard," but at the same time he cooperated and provided identifying information. He went on to describe how he was "tortured". They asked him for a urine sample, but he didn't give one, so they “put a hot wire in me.
Diminished Capacity
But after the deed is done, she feels "lucky that [she] wasn't caught." She added: "If I don't steal, I feel rotten. She also mentioned that she is "petrified of going to jail". She has never tried to outsmart the security guards and has never been locked up. Witt added that she only stole from stores, she didn't steal anywhere else, including a friend's house or doctor's office.
As she continued to explain her medical history and current condition, I learned that she had a history of bulimia, binge eating, and gained over 300 pounds. I observed the seriousness of her condition as we learned of the other medical, surgical and psychiatric illnesses she suffered from.
Malingering
The plaintiff was vague in his answers; he remembered driving his truck on the day of the incident and trying to get away from the falling boxes. I mentioned that his birthday, the year of the accident at work, fell on the day after the 9/11 tragedy in NYC. Without delay, he spoke of the number of people who died as a result, "people like me", he added.
From the radio, he recorded music on a tape and then downloaded it to his computer and saved it in "minifiles". He then realized the number and type of instruments that played a role in the piece of music. Rose that "he has headaches, neck problems and can't remember things from the past, or who he is.
Stalking
Alonso that she did not welcome or desire his actions, telling him "never" or refusing to answer. He then took the opportunity to ask her to cook him dinner, and when she declined, he told her he would be "laying down" later and that she "looked fat". Despite the fact that she was able to complete her tasks, she was very lost and distracted.
She also reported losing a lot of weight while this was happening, and her appetite decreased. Russo told me that even though she loved her apartment, she would have to move if Mr.
Sexual Harassment
It's hard to focus now,” he says. She is emotionally supported by her fiance and sister. Peters advised me that she doesn't think about the attack every day because "I have to get on with my life." She's sad that this will always be a part of her life, and it's hard to watch TV when topics like sexual assault are being discussed or acted out. The "complaint" she filed was about sexual touching, rather than rape or penile penetration.
This brought into question her interest in medical documentation (not psychiatric) of the complaint, since she did not follow up on any of the recommended (affordable) psychiatric treatments, even after saying she "didn't feel well." She had led her primary care physician to believe that she needed psychotherapy three times a week. Lee went on to refer to her abusive parents, especially her mother, as "short, overweight and alcoholic." She said her father didn't drink.
Allegation Assessment
Detective Huron did not ascertain whether this 5-year-old girl appreciated the difference between truth and falsehood. The girl then said her father licked her hand and put it in the "booth". This last event occurred more than once, but Detective Huron did not inquire about the rate or frequency. Detective Huron then asked the child if she saw any parts of the father's body that she was not supposed to see.
Detective Huron went back to the "drawing board" and asked Cynthia to recognize the girl and boy characters. Detective Huron did not take the opportunity to ask about the discrepancy in the narrative.
Discrimination Based on Sexual Orientation
Lux claimed, "My diagnosis today is Major Depression." He added that he had never suffered from major depression until the event. I'm on medication and I'm also in cognitive therapy with him.” He took out his phone to get the medicine information. Before, - he explained, - the depression was not so severe. even though I was taking medication or whatever.
Regarding post-traumatic stress disorder, Mr. Lux spoke of several unrelenting symptoms in his comments: "The hyper-vigilance, combined with this startle reflex ... it's terrible. any unexpected noise or whatever. Near the end of our meeting, I asked Mr. Lux if there was anything I didn't ask him or that he thought we should cover.