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“A comprehensive, useful analysis of an array of topics relevant to forensic mental health practice.”

—Journal of the American Academy of Psychiatry and the Law (on the third edition)


“An authoritative text in the field of forensic psychology.”

—International Journal of Offender Therapy and Comparative Criminology (on the third edition)


“Offers a comprehensive discussion of forensic assessment along with best practice guidelines for psychological evaluations in a wide range of criminal and civil proceedings.”

—Juvenile and Family Court Journal (on the third edition)


“If you perform forensic evaluations for a living, you need this book.”

—Journal of Psychiatric Practice (on the third edition)


“The fifth edition of this canonical work fully captures the last decade's explosive growth in what courts demand of mental health experts. Seamlessly meshing scientific rigor, legal precision, and clinical acumen, this is the single most crucial work to read if there is a witness stand in your future. With the publication of this book, the goalposts for both scholarship and practice in forensic psychology have been shifted.”

—John Monahan, PhD, Shannon Distinguished Professor of Law and Professor of Psychology, University of Virginia


“Given its impressive scope, sophisticated legal analysis, and reliance on empirically supported practice, this is the definitive book for forensic mental health professionals as well as legal professionals who rely on psychological evaluations. Slobogin and colleagues have succeeded in writing a tour-de-force book that is simultaneously scholarly and practical. The fifth edition will surely become the go-to resource for students, mental health professionals, and legal professionals.”

—David DeMatteo, JD, PhD, ABPP, Department of Psychological and Brain Sciences and Thomas R. Kline School of Law, Drexel University


“One of the most foundational texts in forensic mental health assessment and mental health law. Its comprehensive review of relevant law, social science research, and practice makes this text an unparalleled resource for trainees and seasoned professionals alike. I reach for this book often to guide best practice and help resolve thorny ethical dilemmas. Readers familiar with prior editions will be pleased with the fifth edition—it includes robust reviews of new research in key areas (for example, the competence crisis) and recent developments in practice (for example, remote evaluations; Relevancy-Focused reports). This text is an absolute necessity for anyone practicing or learning about forensic mental health or mental health law.”

—Sharon Kelley, JD, PhD, Department of Psychiatry and Neurobehavioral Sciences, University of Virginia School of Medicine


“This text is not just a 'must read' but a 'must own' for forensic psychology students and practitioners. The fifth edition updates critical case law and addresses contemporary psycholegal issues in impressive depth. I have been teaching forensic assessment for over a decade, and this book continues to be the primary text I require for all of my graduate clinical psychology students. Without question, it is the definitive text on forensic psychological assessment.”

—Elizabeth Foster, PhD, Institute for Graduate Clinical Psychology, Widener University

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Table of Contents

I. General Considerations

1. Law and the Mental Health Professions: An Uneasy Alliance

1.01. The Context for Law and Behavioral Science

1.02. Some Preliminary Problems in Law and Mental Health

1.03. Paradigm Conflicts

1.04. Should Mental Health Professionals Be Considered Experts?

1.05. Which Professionals Should Be Considered Experts?

1.06. Conclusion

2. An Overview of the Legal System: Sources of Law, the Court System, and the Adjudicative Process

2.01. Introduction

2.02. Sources of Law

2.03. The Court System

2.04. The Adjudicative Process

2.05. Conclusion: The Interplay of Systems

3. The Nature and Method of Forensic Assessment

3.01. Introduction

3.02. Distinctions between Therapeutic and Forensic Assessment

3.03. Testing and Assessment Procedures

3.04. Archival and Third-Party Information

3.05. Amnesia

3.06. Assessment of Response Style

3.07. Cultural Competence

3.08. Challenges to the Basis of Expert Testimony

3.09. The Implications of Artificial Intelligence for Forensic Practice

3.10. Conclusion

4. Constitutional, Common-Law, and Ethical Contours of the Evaluation Process:

The Mental Health Professional as Double Agent

4.01. Introduction

4.02. The Fifth Amendment and the Right to Remain Silent

4.03. The Right to Counsel

4.04. Common-Law and Statutory Duties of the Evaluator

4.05. Ethical Considerations in the Evaluation Process

4.06. Summary: Competence in Forensic Practice

5. Managing Public and Private Forensic Services

5.01. Introduction

5.02. The Case for Specialization3

5.03. Types of Evaluation Systems for Criminal Cases

5.04. Establishing a Forensic Evaluation System

5.05. Effective Diffusion of Behavioral Science Research

5.06. Operating a Forensic Practice

II. The Criminal Process

6. Competence to Proceed

6.01. Introduction

6.02. The Legal Standard

6.03. Procedural Issues

6.04. Disposition of Incompetent Defendants

6.05. Competence During Proceedings Other Than Trial or Plea Hearings

6.06. Research Relating to Competence Evaluations

6.07. Structured Evaluation Formats

6.08. Special Populations

6.09. Guidelines for Evaluation

6.10. Conclusion

7. Other Competencies in the Criminal Process

7.01. Introduction

7.02. Competence to Consent to a Search or Seizure

7.03. Competence to Exercise the Right to Remain Silent

7.04. Competence to Plead Guilty

7.05. Competence to Waive the Right to Counsel and to Represent Oneself

7.06. Competence to Refuse an Insanity Defense and Other Mental State Defenses

7.07. Competence to Testify

7.08. Competence to Be Executed and to Participate in and Waive Appeals

8. Mental State at the Time of the Offense

8.01. Introduction

8.02. The Insanity Defense

8.03. Exculpatory and Mitigating Doctrines Other than Insanity

8.04. Research on the Relationship of Diagnosis to MSO Defenses

8.05. Characteristics of Clinicians’ MSO Opinions

8.06. MSO Investigation

8.07. Clinical Formulations about MSO

8.08. Conclusion

9. Sentencing

9.01. Introduction

9.02. A Brief History of Sentencing

9.03. A Comparison of Rehabilitative and Retributive Sentencing

9.04. Special Sentencing Provisions

9.05. Capital Sentencing

9.06. Factors Influencing Sentencing

9.07. Assessment of Treatment Needs

9.08. Assessment of Culpability

9.09. Assessing Risk of Violence and Recidivism

III. Noncriminal Adjudication

10. Civil Commitment

10.01. Introduction

10.02. History of Commitment Law

10.03. Substantive Criteria for Commitment

10.04. Procedural Due Process

10.05. The Effects of Commitment Laws and Commitment

10.06. Attorney’s Role

10.07. Clinician’s Role

10.08. Commitment Evaluation

10.09. The Process of the Evaluation

10.10. Special Commitment Settings and Populations

11. Civil Competencies

11.01. Introduction

11.02. Guardianship

11.03. Competence to Make Treatment Decisions

11.04. Competence to Consent to Research

11.05. Testamentary Capacity

12. Compensating Mental Injury: Workers’ Compensation and Torts

12.01. Introduction

12.02. Workers’ Compensation Law: An Overview

12.03. The Tort of Emotional Distress

12.04. Causation in Mental Injury Cases: A Paradigm Clash?

12.05. Clinical Evaluation of Mental Injury

12.06. Conclusion: Reports and Testimony

13. Federal Antidiscrimination, Entitlement, and Immigration Laws

13.01. Introduction

13.02. Americans with Disabilities Act

13.03. Fair Housing Amendments Act

13.04. Social Security Laws

13.05. Immigration Law

13.06. Conclusion

IV. Children and Families

14. Juvenile Delinquency

14.01. Introduction

14.02. The Rise and Fall of the “Therapeutic” Juvenile Court

14.03. The Nature of the Juvenile Process

14.04. Mental Health Professionals’ Roles in Juvenile Court116

14.05. The Nature of the Evaluation

14.07. Special Juvenile Populations

14.08. Do the Mental Health and Juvenile Systems Belong Together?

15. Child Abuse and Neglect

15.01. The Nature of Abuse and Neglect Proceedings

15.02. Legal Definitions of Child Maltreatment

15.03. Child Maltreatment as a Clinical Phenomenon

15.04. Clinicians’ Involvement in the Legal Process

15.05. Special Populations

15.06. The Methodology of Abuse/Neglect Evaluations

15.07. Adult Cases Related to Abuse and Neglect

16. Child Custody in Divorce

16.01. The Scope of Clinicians’ Involvement in Custody Disputes

16.02. Standards for Resolution of Custody Disputes

16.03. Research Data Relevant to Custody Matters

16.04. The Technique of Custody Evaluations

16.05. The Politics of Divorce

17. Education and Habilitation

17.01. Introduction

17.02. The Impetus for the IDEA

17.03. The Structure of the IDEA

17.04. Clinical Evaluation under the Act

17.05. Conclusion

V. Communicating with the Courts

18. Consultation, Report Writing, and Expert Testimony

18.01. Introduction

18.02. Preliminary Consultations

18.03. Data Collection, Maintenance, and Disclosure

18.04. Preliminary Report of Findings

18.05. Report Writing

18.06. Expert Testimony and the Social Psychology of Persuasion

18.07. The Ultimate-Issue Issue

18.08. Conclusion

19. Sample Reports

19.01. Introduction

19.02. Competence to Proceed

19.03. Competence to Plead and Waive Rights

19.04. Mental State at the Time of the Offense

19.05. Sentencing

19.06. Civil Commitment

19.07. Competence to Handle Finances

19.08. Workers’ Compensation for Mental Injury

19.09. Reasonable Accommodation under the Americans with Disabilities Act

19.10. Consultative Examination for Social Security

19.11. Immigration Status

19.12. Transfer to Adult Court

19.13. Dispositional Review

19.14. Custody

19.15. Evaluation under the Individuals with Disabilities Education Act

20. Glossary

20.01. Legal Terms

20.02. Clinical and Research Terms

Notes

Index

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About the Authors

Christopher Slobogin, JD, LLM, is the Milton Underwood Chair in Law and Affiliate Professor of Psychiatry at Vanderbilt University. He is the first law professor to receive Distinguished Contribution Awards from both the American Psychology–Law Society and the American Academy of Forensic Psychology. Professor Slobogin has published over 200 works on mental health law and criminal justice and is among the most cited criminal law professors in the United States. He served as Chair of the Criminal Justice Mental Health Standards Task Force of the American Bar Association (ABA) and as Reporter for the ABA’s Task Force on Mental Disability and the Death Penalty and its Task Force on Criminal Responsibility.

• Author's website
• All titles by Christopher Slobogin

Randy K. Otto, PhD, MLS, ABPP, is Professor in the Department of Psychiatry and Behavioral Sciences at the University of New Mexico School of Medicine, where he serves as Chair of the Division of Forensic Behavioral Sciences. Board certified in clinical and forensic psychology, Dr. Otto has served as president of the American Psychology–Law Society, the American Board of Forensic Psychology, and the American Board of Professional Psychology. His contributions to forensic psychological assessment have been recognized with lifetime achievement awards from the American Academy of Forensic Psychology, the American Psychology–Law Society, and the forensic division of the New York State Psychological Association.

• Author's website
• All titles by Randy K. Otto

John Petrila, JD, LLM, is Senior Policy Advisor at Meadows Mental Health Policy Institute. Previously, he was Chair and Professor of Health Policy and Management at the University of South Florida College of Public Health. He is a recipient of a Fulbright Scholarship and of the University of South Florida President’s Faculty Excellence Award. Mr. Petrila’s research interests include the diversion of people with mental illnesses from the justice system, coercion, and strategies to reduce recidivism of heavy users of the treatment and justice systems. He is also a national expert on information sharing. Recent papers focus on emergency hospitalizations of people with mental illnesses, national review of emergency civil commitment legislation, the current status of the Americans with Disabilities Act, and use of the sequential intercept model as a tool for enhancing information sharing across the justice and behavioral health systems.

• All titles by John Petrila

Lois O. Condie, PhD, ABPP, is affiliated with the Department of Neurology at Boston Children’s Hospital and is Assistant Professor of Psychology in Psychiatry at Harvard Medical School. Dr. Condie is board certified in neuropsychology, clinical psychology, and forensic psychology. She has received citations and awards from the University of Nebraska–Lincoln, the Social Security Administration, the American Board of Forensic Psychology, the American Academy of Forensic Psychology, and the American Board of Professional Psychology. Her research focuses on assessments and entitlement legislation for children with neurodevelopmental and other disorders, services for vulnerable populations internationally, psychological and legal conceptions of privacy, and ethics and standards of practice.

• All titles by Lois O. Condie

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Audience

Practitioners and students in clinical and forensic psychology, social work, psychiatric nursing, and psychiatry; legal professionals and students.

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Course Use

Serves as a text in advanced undergraduate- and graduate-level courses such as Forensic Psychology, Forensic Assessment, Psychology and Law, and Psychology in the Courts.

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Previous editions published by Guilford:

Fourth Edition, © 2018
ISBN: 9781462532667

Third Edition, © 2007
ISBN: 9781572309661

Second Edition, © 1997
ISBN: 9781572302365

First Edition, © 1987
ISBN: 9780898622768

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New to this edition:

• Updated empirical research on competency, interrogation practices, risk assessment, the effects of divorce on children, neurological and developmental science, and more.
• Recent court rulings, evidentiary rules, and regulatory shifts.
• Increased attention to race, culture, and culturally competent practice.
• New topics: the rise of remote evaluations, debates over recording evaluations, the trend toward privatization of forensic services, the use of social media data in investigations, implications of artificial intelligence for forensic practice, the “competency crisis,” substance abuse commitment, and the Relevancy-Focused report format (including a new sample report), and more.