Retrospective Assessment of Mental States in

This fascinating book explores the role of the psychiatrist and psychologist, as an expert witness in litigation, in rendering a retrospective judgment of an individual's mental state. In this book, distinguished contributors apply their expertise in psychiatry, psychology, and law to the problems of retrospective assessment, with the goal of developing guidelines for more accurate retrospective assessment of mental states. This remarkable book will prove indispensable for helping clinicians, lawyers, and judges better understand the complex and difficult process of retrospective reconstruction of mental states.

Robert I. Simon, M.D., is Clinical Professor of Psychiatry and Director of the Program in Psychiatry and Law at Georgetown University School of Medicine in Washington, D.C.

Daniel W. Shuman, J.D., is a Professor of Law at the Dedman School of Law, Southern Methodist University in Dallas, Texas.

Contributors

xiii

Acknowledgments

xv

Introduction

xvii

Ralph Slovenko

Note on Terminology

xxiii

Retrospective Assessment of Mental States in Criminal and Civil Litigation: A Clinical Review

1

(20)

Robert I. Simon

Retrospective Assessment of Mental States and the Law

21

(26)

Daniel W. Shuman

What Can We Ever Know About the Past? A Philosophical Consideration of the Assessment of Retrospective Mental States

47

(26)

John Z. Sadler

Assessment of Mental State at the Time of the Criminal Offense: The Forensic Examination

73

(28)

Thomas G. Gutheil

Retrospective Assessment of Malingering in Insanity Defense Cases

101

(34)

Phillip J. Resnick

Michael R. Harris

Murder, Suicide, Accident, or Natural Death? Assessment of Suicide Risk Factors at the Time of Death

135

(20)

Robert I. Simon

Retrospective Assessment of Children's Mental States

155

(26)

Nancy E. Walker

The Past as Prologue: Assessment of Future Violence in Individuals With a History of Past Violence

181

(28)

Kenneth Tardiff

Evaluating Mental States Without the Benefit of a Direct Examination: Basic Concepts and Ethical and Legal Implications

209

(78)

Roy B. Lacoursiere

Glen Weissenberger

A. J. Stephani

Validating Retrospective Assessments: An Overview of Research Models

287

(20)

Richard Rogers

What Can Psychologists Contribute to the Examination of Memory and Past Mental States?

307

(28)

Amina Memon

Sarah E. Henderson

Psychiatric Diagnoses and the Retrospective Assessment of Mental States

335

(34)

Liza H. Gold

Special in Memory Retrieval: Chemical, Hypnotic, and Imagery Procedures

369

(56)

Alan W. Scheflin

Daniel Brown

Edward J. Frischholz

Jamie Caploe

Competence and Mental Impairment

425

(20)

Daniel W. Shuman

Remembering the Future: Policy Implications for the Forensic Assessment of Past Mental States

445

(8)

Daniel W. Shuman

Robert I. Simon

Index

453

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Retrospective Assessment of Mental States in Litigation: Predicting the Past

Summary

Author Biography

Table of Contents

Supplemental Materials