By Jack Healy
The New York Times
Published May 13, 2013
Mental health experts who evaluated the man accused of killing 12 people in a Colorado movie theater last year have offered a diagnosis that bolsters an insanity plea in the case, his lawyers said at a hearing here on Monday.
“We now have a diagnosis that’s complete,” Daniel King, a defense lawyer for the suspect, James E. Holmes, said in court. “We now have an opinion by qualified professionals.”
Mr. Holmes, 25, a former graduate student in neuroscience, faces 166 counts of murder, attempted murder and weapons charges in the July 20 shooting during a midnight premiere of the Batman movie “The Dark Knight Rises” at an Aurora movie theater. Officials say he slipped out of an emergency exit shortly after the movie began, sheathed himself in commando-style gear and then returned through the same door to spray the sold-out crowd with gunfire.
Mr. Holmes’s lawyers made a long-expected move on Monday to change his plea to not guilty by reason of insanity. At an arraignment in March, a judge entered a straightforward not guilty plea on Mr. Holmes’s behalf after his lawyers said they were not ready to enter a plea.
The entire story is here.
Showing posts with label Psychology and Law. Show all posts
Showing posts with label Psychology and Law. Show all posts
Monday, May 20, 2013
Tuesday, December 11, 2012
Gay 'Conversion Therapy' Faces Test in Courts
by Erik Eckholm
The New York Times
Originally published November 27, 2012
Gay "conversion therapy," which claims to help men overcome unwanted same-sex attractions but has been widely attacked as unscientific and harmful, is facing its first tests in the courtroom.
In New Jersey on Tuesday, four gay men who tried the therapy filed a civil suit against a prominent counseling group, charging it with deceptive practices under the state's Consumer Fraud Act.
The former clients said they were emotionally scarred by false promises of inner transformation and humiliating techniques that included stripping naked in front of the counselor and beating effigies of their mothers.
They paid thousands of dollars in fees over time, they said, only to be told that the lack of change in their sexual feelings was their own fault.
In California, so-called ex-gay therapists have gone to court to argue for the other side.
They are seeking to block a new state law, signed by Gov. Jerry Brown in September and celebrated as a milestone by advocates for gay rights, that bans conversion therapy for minors.
In Sacramento on Friday, a federal judge will hear the first of two legal challenges brought by conservative law groups claiming that the ban is an unconstitutional infringement on speech, religion and privacy.
Since the 1970s, when mainstream mental health associations stopped branding homosexuality as a disorder, a small network of renegade therapists, conservative religious leaders and self-identified "life coaches" has continued to argue that it is not inborn, but an aberration rooted in childhood trauma.
The entire article is here.
The New York Times
Originally published November 27, 2012
Gay "conversion therapy," which claims to help men overcome unwanted same-sex attractions but has been widely attacked as unscientific and harmful, is facing its first tests in the courtroom.
In New Jersey on Tuesday, four gay men who tried the therapy filed a civil suit against a prominent counseling group, charging it with deceptive practices under the state's Consumer Fraud Act.
The former clients said they were emotionally scarred by false promises of inner transformation and humiliating techniques that included stripping naked in front of the counselor and beating effigies of their mothers.
They paid thousands of dollars in fees over time, they said, only to be told that the lack of change in their sexual feelings was their own fault.
In California, so-called ex-gay therapists have gone to court to argue for the other side.
They are seeking to block a new state law, signed by Gov. Jerry Brown in September and celebrated as a milestone by advocates for gay rights, that bans conversion therapy for minors.
In Sacramento on Friday, a federal judge will hear the first of two legal challenges brought by conservative law groups claiming that the ban is an unconstitutional infringement on speech, religion and privacy.
Since the 1970s, when mainstream mental health associations stopped branding homosexuality as a disorder, a small network of renegade therapists, conservative religious leaders and self-identified "life coaches" has continued to argue that it is not inborn, but an aberration rooted in childhood trauma.
The entire article is here.
SPLC files groundbreaking lawsuit accusing conversion therapy organization of fraud
Press Release
November 27, 2012
The Southern Poverty Law Center filed a first-of-its-kind lawsuit today accusing a New Jersey organization of consumer fraud for offering conversion therapy services – a dangerous and discredited practice that claims to convert people from gay to straight.
The lawsuit, filed in the Superior Court of New Jersey, charges that Jews Offering New Alternatives for Healing (JONAH), its founder, Arthur Goldberg, and counselor Alan Downing violated New Jersey’s Consumer Fraud Act by providing conversion therapy claiming to cure clients of being gay.
It is the first time a conversion therapy provider has been sued for fraudulent business practices. The lawsuit describes how the plaintiffs – four young men and two of their parents – were lured into JONAH’s services through deceptive practices.
“JONAH profits off of shameful and dangerous attempts to fix something that isn’t broken,” said Christine P. Sun, deputy legal director for the SPLC. “Despite the consensus of mainstream professional organizations that conversion therapy doesn’t work, this racket continues to scam vulnerable gay men and lesbians out of thousands of dollars and inflicts significant harm on them.”
The lawsuit describes how the underlying premise of conversion therapy – that a person can “convert” to heterosexuality – has no basis in scientific fact. Conversion therapy has been discredited or highly criticized by all major American medical, psychiatric, psychological and professional counseling organizations. It is the longstanding consensus of the behavioral and social sciences that homosexuality is a normal and positive variation of human sexual orientation.
Customers of JONAH’s services typically pay a minimum of $100 for weekly individual counseling sessions and another $60 for group therapy sessions. The lawsuit describes sessions that involved clients undressing in front of a mirror and even a group session where young men were instructed to remove their clothing and stand naked in a circle with the counselor, Downing, who was also undressed. Another session involved a subject attempting to wrest away two oranges, which were used to represent testicles, from another individual.
“Sadly, there is no accountability for those who practice conversion therapy,” said Michael Ferguson, a conversion therapy survivor and plaintiff in the lawsuit. “They play blindly with deep emotions and create an immense amount of self-doubt for the client. They seize on your personal vulnerability, and tell you that being gay is synonymous with being less of a man. They further misrepresent themselves as having the key to your new orientation.”
Thanks to Gary Schoener for this information.
Wednesday, December 5, 2012
Gay Conversion Therapy Law Temporarily Blocked By Federal Judge
By LISA LEFF
The Huffington Post
Originally published December 4, 2012
A federal judge on Monday temporarily blocked California from enforcing a first-of-its-kind law that bars licensed psychotherapists from working to change the sexual orientations of gay minors, but he limited the scope of his order to just the three providers who have appealed to him to overturn the measure.
U.S. District Court Judge William Shubb made a decision just hours after a hearing on the issue, ruling that the First Amendment rights of psychiatrists, psychologists and other mental health professionals who engage in "reparative" or "conversion" therapy outweigh concern that the practice poses a danger to young people.
"Even if SB 1172 is characterized as primarily aimed at regulating conduct, it also extends to forms of (conversion therapy) that utilize speech and, at a minimum, regulates conduct that has an incidental effect on speech," Shubb wrote.
The judge also disputed the California Legislature's finding that trying to change young people's sexual orientation puts them at risk for suicide or depression, saying it was based on "questionable and scientifically incomplete studies."
The law, which was passed by the Legislature and signed by Gov. Jerry Brown in October, states that therapists and counselors who use "sexual orientation change efforts" on clients under 18 would be engaging in unprofessional conduct and subject to discipline by state licensing boards. It is set to take effect on Jan. 1.
The entire story is here.
The Huffington Post
Originally published December 4, 2012
A federal judge on Monday temporarily blocked California from enforcing a first-of-its-kind law that bars licensed psychotherapists from working to change the sexual orientations of gay minors, but he limited the scope of his order to just the three providers who have appealed to him to overturn the measure.
U.S. District Court Judge William Shubb made a decision just hours after a hearing on the issue, ruling that the First Amendment rights of psychiatrists, psychologists and other mental health professionals who engage in "reparative" or "conversion" therapy outweigh concern that the practice poses a danger to young people.
"Even if SB 1172 is characterized as primarily aimed at regulating conduct, it also extends to forms of (conversion therapy) that utilize speech and, at a minimum, regulates conduct that has an incidental effect on speech," Shubb wrote.
The judge also disputed the California Legislature's finding that trying to change young people's sexual orientation puts them at risk for suicide or depression, saying it was based on "questionable and scientifically incomplete studies."
The law, which was passed by the Legislature and signed by Gov. Jerry Brown in October, states that therapists and counselors who use "sexual orientation change efforts" on clients under 18 would be engaging in unprofessional conduct and subject to discipline by state licensing boards. It is set to take effect on Jan. 1.
The entire story is here.
Tuesday, October 23, 2012
American Therapeutics' program director Abreu gets 108 months
by Kevin Gale
South Florida Business Journal
Originally published October 15, 2012
Vanja Abreu, former program director at the mental health care company American Therapeutic Corporation (ATC), was sentenced Thursday to 108 months in prison for participating in the $205 million Medicare fraud scheme, a press release from the U.S. Attorney's office said.
Abreu, 49, of Pembroke Pines, worked at ATC centers in Boca Raton and Miami. In addition to her prison term, U.S. District Judge Patricia A. Seitz sentenced Abreu to three years of supervised release following her prison term and ordered her to pay $72.7 million in restitution, jointly and severally with co-defendants.
On June 1, after a seven-week trial, a federal jury in the Southern District of Florida found Abreu, who holds a doctorate degree, guilty of one count of conspiracy to commit health care fraud.
(cut)
Evidence at trial revealed that program directors, including Abreu, helped doctors at ATC sign patient files without reading the files or seeing the patients. Evidence further revealed that Abreu and others would assist the owners of ATC in fabricating doctor notes, therapist notes and other documents to make it falsely appear in ATC’s patient files that patients were qualified for this highly specialized treatment and that the patients were receiving the intensive, individualized treatment PHP is supposed to be.
The entire story is here.
South Florida Business Journal
Originally published October 15, 2012
Vanja Abreu, former program director at the mental health care company American Therapeutic Corporation (ATC), was sentenced Thursday to 108 months in prison for participating in the $205 million Medicare fraud scheme, a press release from the U.S. Attorney's office said.
Abreu, 49, of Pembroke Pines, worked at ATC centers in Boca Raton and Miami. In addition to her prison term, U.S. District Judge Patricia A. Seitz sentenced Abreu to three years of supervised release following her prison term and ordered her to pay $72.7 million in restitution, jointly and severally with co-defendants.
On June 1, after a seven-week trial, a federal jury in the Southern District of Florida found Abreu, who holds a doctorate degree, guilty of one count of conspiracy to commit health care fraud.
(cut)
Evidence at trial revealed that program directors, including Abreu, helped doctors at ATC sign patient files without reading the files or seeing the patients. Evidence further revealed that Abreu and others would assist the owners of ATC in fabricating doctor notes, therapist notes and other documents to make it falsely appear in ATC’s patient files that patients were qualified for this highly specialized treatment and that the patients were receiving the intensive, individualized treatment PHP is supposed to be.
The entire story is here.
Tuesday, September 4, 2012
Anorexic woman not to be force-fed, judge rules
BBC News UK
Originally published August 24, 2012
Mrs Justice King, at the Court of Protection in London, heard that the 29-year-old woman, who weighs about 3st 2lb (20kg), does not wish to die.
She ruled "all reasonable steps" should be taken to gain the woman's co-operation, without "physical force".
Anorexia creates a fear of ingesting calories that stops a person eating.
The woman from the north of England, who cannot be identified for legal reasons and is referred to as L, has suffered from anorexia from the age of 12.
Since turning 14 she has spent 90% of her life as an in-patient.
The entire story is here.
Originally published August 24, 2012
A High Court judge has ruled in favour of an NHS trust that force feeding would not be in the "best interests" of an anorexic woman.
She ruled "all reasonable steps" should be taken to gain the woman's co-operation, without "physical force".
Anorexia creates a fear of ingesting calories that stops a person eating.
The woman from the north of England, who cannot be identified for legal reasons and is referred to as L, has suffered from anorexia from the age of 12.
Since turning 14 she has spent 90% of her life as an in-patient.
The entire story is here.
Friday, August 17, 2012
Campus Threat-Assessment Teams Face Complex Task of Judging Risk
By Beth Mole
The Chronicle of Higher Education
Originally published August 10, 2012
In science-fiction movies like Minority Report,psychics could identify future murderers before they ever picked up a weapon. But the task of predicting the future and thwarting violence by identifying students who are likely to do harm is, in reality, complex, difficult, and full of pitfalls.
Many American colleges set up teams after the 2007 shootings at Virginia Tech to monitor campus incidents and, they hope, intervene before a potentially violent member of the community snaps. But those entities - which go by such names as threat-assessment teams, behavioral-intervention teams, or caring teams - face many challenges. Mental-health disorders often develop among young people in the traditional college-age years, but it can be difficult if not impossible to assess the extent of a person's illness early on.
(cut)
Many campuses lack ready access to mental-health experts who can authoritatively assess the risk of violence, and some experts say the assessment teams rely too little on those authorities.
At the University of Colorado at Denver, a threat-assessment team reportedly was alerted to a university psychiatrist's concerns about James E. Holmes, a former graduate student there. Mr. Holmes, who withdrew in June from a Ph.D. program in neurosciences at the university's medical campus, in neighboring Aurora, is accused of killing 12 people and injuring 58 others in a movie theater there last month.
News reports have said that the threat-assessment team did not meet to discuss Mr. Holmes because he had announced his intent to withdraw from the university.
The entire story is here.
Thanks to Ken Pope for this information.
The Chronicle of Higher Education
Originally published August 10, 2012
In science-fiction movies like Minority Report,psychics could identify future murderers before they ever picked up a weapon. But the task of predicting the future and thwarting violence by identifying students who are likely to do harm is, in reality, complex, difficult, and full of pitfalls.
Many American colleges set up teams after the 2007 shootings at Virginia Tech to monitor campus incidents and, they hope, intervene before a potentially violent member of the community snaps. But those entities - which go by such names as threat-assessment teams, behavioral-intervention teams, or caring teams - face many challenges. Mental-health disorders often develop among young people in the traditional college-age years, but it can be difficult if not impossible to assess the extent of a person's illness early on.
(cut)
Many campuses lack ready access to mental-health experts who can authoritatively assess the risk of violence, and some experts say the assessment teams rely too little on those authorities.
At the University of Colorado at Denver, a threat-assessment team reportedly was alerted to a university psychiatrist's concerns about James E. Holmes, a former graduate student there. Mr. Holmes, who withdrew in June from a Ph.D. program in neurosciences at the university's medical campus, in neighboring Aurora, is accused of killing 12 people and injuring 58 others in a movie theater there last month.
News reports have said that the threat-assessment team did not meet to discuss Mr. Holmes because he had announced his intent to withdraw from the university.
The entire story is here.
Thanks to Ken Pope for this information.
Tuesday, August 14, 2012
“Hired guns,” “charlatans,” and their “voodoo psychobabble”: Case law references to various forms of perceived bias among mental health expert witnesses.
By Edens, John F.; Smith, Shannon Toney; Magyar, Melissa S.; Mullen, Kacy; Pitta, Amy; and Petrila, John
Psychological Services, Vol 9(3), Aug 2012, 259-271.
Abstract
Although in principle the legal system expects and professional ethics demand that expert witnesses be unbiased and objective in their forensic evaluations, anecdotal evidence suggests that accusations of financial bias, partisanship, and other forms of nonobjectivity are common. This descriptive survey of published legal cases expands on an earlier case law review (Mossman, 1999) attempting to encapsulate and summarize key issues concerning perceptions or allegations of bias in mental health expert witness testimony. Using a series of search terms reflecting various potential forms of accusatory bias, a total of 160 published civil and criminal court cases were identified in which 185 individuals (e.g., attorneys, trial and appellate judges, other witnesses) made one or more references to clinicians' alleged lack of neutrality. Allegations most typically involved describing the expert as having an opinion that was “for sale,” or as a partisan or advocate for one side, although aspersions also were made concerning “junk science” testimony and comparing mental health experts to mystics and sorcerers. Our results indicate that diverse forms of bias that go beyond financial motives are alleged against mental health experts by various players in the legal system. Means are discussed by which experts can attempt to reduce the impact of such allegations.
Abstract
Although in principle the legal system expects and professional ethics demand that expert witnesses be unbiased and objective in their forensic evaluations, anecdotal evidence suggests that accusations of financial bias, partisanship, and other forms of nonobjectivity are common. This descriptive survey of published legal cases expands on an earlier case law review (Mossman, 1999) attempting to encapsulate and summarize key issues concerning perceptions or allegations of bias in mental health expert witness testimony. Using a series of search terms reflecting various potential forms of accusatory bias, a total of 160 published civil and criminal court cases were identified in which 185 individuals (e.g., attorneys, trial and appellate judges, other witnesses) made one or more references to clinicians' alleged lack of neutrality. Allegations most typically involved describing the expert as having an opinion that was “for sale,” or as a partisan or advocate for one side, although aspersions also were made concerning “junk science” testimony and comparing mental health experts to mystics and sorcerers. Our results indicate that diverse forms of bias that go beyond financial motives are alleged against mental health experts by various players in the legal system. Means are discussed by which experts can attempt to reduce the impact of such allegations.
Here are two excerpts:
It should not be surprising that wholesale acceptance of mental health expertise as accurate and neutral is hardly the norm.
Clearly, some judges, attorneys, academics, and jurors view at least some mental health experts-if not the entire field-with a considerable degree of suspicion (Fradella, Fogarty, & O'Neill, 2003), if not overt distain and/or hostility.
and
In terms of putative sources of examiner bias, several forms have been suggested as potentially undermining examiner objectivity (e.g., Saks, 1990).
Perhaps the most pernicious is that opinions are for sale. It is commonly alleged that monetary incentives primarily (or completely) motivate the testimony offered by witnesses characterized as "'hired guns,' 'whores,' and 'prostitutes'" (Mossman, 1999, p. 414).
Although being for sale is frequently lodged as a criticism of expert testimony, allegations of other forms of bias may spring from perceptions that the expert has a particular personal, political, or scientific "ax to grind" in relation to a specific legal issue.
Evidence of advocacy for one's pet cause(s)--whether it is championing a particular examinee's case, the rights of fathers in child custody disputes, or a novel or controversial psychological syndrome (to name but a few possibilities)--may be justifiable grounds for questioning an examiner's objectivity and fairness as well.
For reprint requests, comments, or questions: John F. Edens, Department of Psychology, Texas A&M University, 4235 TAMU, College Station, TX 77843; Contact johnedens@tamu.edu
Thanks to Ken Pope for this information.
Saturday, August 11, 2012
Psychologist pimped hookers, police allege
By Elizabeth Dinan
Seacoastonline.com
Originally posted August 5, 2012
A clinical psychologist, with a private practice in Exeter, is wanted by police on a warrant alleging he operated a prostitution business out of a Portsmouth apartment.
Seacoastonline.com
Originally posted August 5, 2012
A clinical psychologist, with a private practice in Exeter, is wanted by police on a warrant alleging he operated a prostitution business out of a Portsmouth apartment.
Police announced Saturday that Alexander Marino, 38, of 565 #4 Sagamore Ave., Portsmouth, is wanted for a misdemeanor count of prostitution that alleges he knowingly allowed his apartment to be used for prostitution, and that he benefited financially from the sale of sex.
Thanks to Ken Pope for this story.
Tuesday, August 7, 2012
Did Your Brain Make You Do It?
By John Monterosso and Barry Schwartz
The New York Times Sunday Review
Originally published on July 27, 2012
Are you responsible for your behavior if your brain “made you do it”?
Often we think not. For example, research now suggests that the brain’s frontal lobes, which are crucial for self-control, are not yet mature in adolescents. This finding has helped shape attitudes about whether young people are fully responsible for their actions. In 2005, when the Supreme Court ruled that the death penalty for juveniles was unconstitutional, its decision explicitly took into consideration that “parts of the brain involved in behavior control continue to mature through late adolescence.”
Similar reasoning is often applied to behavior arising from chemical imbalances in the brain. It is possible, when the facts emerge, that the case of James E. Holmes, the suspect in the Colorado shootings, will spark debate about neurotransmitters and culpability.
The New York Times Sunday Review
Originally published on July 27, 2012
Are you responsible for your behavior if your brain “made you do it”?
Often we think not. For example, research now suggests that the brain’s frontal lobes, which are crucial for self-control, are not yet mature in adolescents. This finding has helped shape attitudes about whether young people are fully responsible for their actions. In 2005, when the Supreme Court ruled that the death penalty for juveniles was unconstitutional, its decision explicitly took into consideration that “parts of the brain involved in behavior control continue to mature through late adolescence.”
Similar reasoning is often applied to behavior arising from chemical imbalances in the brain. It is possible, when the facts emerge, that the case of James E. Holmes, the suspect in the Colorado shootings, will spark debate about neurotransmitters and culpability.
Jared Loughner to plead guilty in Tucson shooting, sources say
Mental health officials reportedly believe he is now competent to understand the charges in the killing of six people and wounding of Rep. Gabrielle Giffords and 12 others in Tucson last year.
By Richard A. Serrano
The Los Angeles Times
Originally published August 4, 2012
Jared Lee Loughner is set to plead guilty Tuesday in the shooting attack that severely wounded Rep. Gabrielle Giffords, according to knowledgeable sources, as mental health officials believe he is now competent to understand the charges against him in the assault, which killed six people and injured 13 at a gathering with the congresswoman’s constituents in Tucson.
At the hearing Tuesday morning in U.S. District Court in Tucson, psychiatric experts who have examined Loughner, 23, are scheduled to testify that they have concluded that despite wide swings in his mental capacity, at this time he comprehends what happened and acknowledges the gravity of the charges, according to two sources who spoke on condition of anonymity because the case was still unfolding.
The entire story is here.
By Richard A. Serrano
The Los Angeles Times
Originally published August 4, 2012
Jared Lee Loughner is set to plead guilty Tuesday in the shooting attack that severely wounded Rep. Gabrielle Giffords, according to knowledgeable sources, as mental health officials believe he is now competent to understand the charges against him in the assault, which killed six people and injured 13 at a gathering with the congresswoman’s constituents in Tucson.
At the hearing Tuesday morning in U.S. District Court in Tucson, psychiatric experts who have examined Loughner, 23, are scheduled to testify that they have concluded that despite wide swings in his mental capacity, at this time he comprehends what happened and acknowledges the gravity of the charges, according to two sources who spoke on condition of anonymity because the case was still unfolding.
The entire story is here.
Saturday, August 4, 2012
Psychologist's death blamed on sex case worries
BBC News
Originally published July 23, 2012
A clinical psychologist who blamed herself for a decision to release a known sex offender was "visibly upset" before her death, an inquest has heard.
Lisa Derriscott, 33, of Long Eaton, Derbyshire, was found dead in a burned out car near her home on 3 August 2011.
She worked on a Nottinghamshire mental health team that sanctioned the release of sex offender Shaun Tudor, 44, who went on to reoffend.
In a narrative verdict, the Derby coroner said she took her own life.
The entire story is here.
Thanks to Ken Pope for this information.
Originally published July 23, 2012
A clinical psychologist who blamed herself for a decision to release a known sex offender was "visibly upset" before her death, an inquest has heard.
Lisa Derriscott, 33, of Long Eaton, Derbyshire, was found dead in a burned out car near her home on 3 August 2011.
She worked on a Nottinghamshire mental health team that sanctioned the release of sex offender Shaun Tudor, 44, who went on to reoffend.
In a narrative verdict, the Derby coroner said she took her own life.
The entire story is here.
Thanks to Ken Pope for this information.
Tuesday, July 24, 2012
At Trial’s End, Lawyers Say Norway Killer Is Not Insane
By Mark Lewis
The New York Times
Originally published on June 22, 2012
The trial of Anders Behring Breivik ended on Friday with an unusual reversal of roles, as defense lawyers insisted that he was sane when he killed 77 people last year and should be sentenced to prison, and prosecutors arguing that he was mentally ill and thus not criminally responsible, and should be hospitalized instead.
(cut)
Members of the defense team, in tears themselves as parents spoke about their slain children, evoked Mr. Breivik’s human rights in their conclusion that he should be held accountable for his crimes. Mr. Breivik has admitted to the killings but said they were committed in self-defense to combat what he has called the “Islamic colonization” of Europe. He has argued that an insanity judgment would detract from his cause.
The New York Times
Originally published on June 22, 2012
The trial of Anders Behring Breivik ended on Friday with an unusual reversal of roles, as defense lawyers insisted that he was sane when he killed 77 people last year and should be sentenced to prison, and prosecutors arguing that he was mentally ill and thus not criminally responsible, and should be hospitalized instead.
(cut)
Members of the defense team, in tears themselves as parents spoke about their slain children, evoked Mr. Breivik’s human rights in their conclusion that he should be held accountable for his crimes. Mr. Breivik has admitted to the killings but said they were committed in self-defense to combat what he has called the “Islamic colonization” of Europe. He has argued that an insanity judgment would detract from his cause.
“The defendant has a radical political project,” Mr. Lippestad said. “To make his acts something pathological and sick deprives him of his right to take responsibility for his own actions.”
Sunday, May 27, 2012
Psychologist testifies on behalf of Catholic Diocese of Green Bay in fraud case
by Jim Collar
Gannett Wisconsin Media
http://www.greenbaypressgazzette.com/
Originally published May 18, 2012
A psychologist hired by the Catholic Diocese of Green Bay said two brothers who were sexually assaulted by a priest in 1978 suffered only minor trauma as a result.
Attorneys for the church began calling their witnesses Thursday in the Outagamie County civil lawsuit alleging fraud against the diocese. Brothers Todd and Troy Merryfield say the diocese knew former priest John Feeney sexually assaulted others before 1978 and fraudulently misrepresented his safety when assigning him to Freedom’s St. Nicholas Church.
In their 2008 civil lawsuit, the Merryfields cite “profound psychological damage” as a result of the assaults.
The entire story is here.
Thanks to Ken Pope for this lead.
Gannett Wisconsin Media
http://www.greenbaypressgazzette.com/
Originally published May 18, 2012
A psychologist hired by the Catholic Diocese of Green Bay said two brothers who were sexually assaulted by a priest in 1978 suffered only minor trauma as a result.
Attorneys for the church began calling their witnesses Thursday in the Outagamie County civil lawsuit alleging fraud against the diocese. Brothers Todd and Troy Merryfield say the diocese knew former priest John Feeney sexually assaulted others before 1978 and fraudulently misrepresented his safety when assigning him to Freedom’s St. Nicholas Church.
In their 2008 civil lawsuit, the Merryfields cite “profound psychological damage” as a result of the assaults.
The entire story is here.
Thanks to Ken Pope for this lead.
Friday, May 18, 2012
Court of Appeal Says Psychologist Can Be Disciplined For Misconduct as Family Law Special Master
By MetNews Staff Writer
Metropolitan News-Enterprise
Originally Published May 11, 2012
The state Board of Psychology properly disciplined a licensee for unethical conduct while serving as a special master in a contentious family law case, the Third District Court of Appeal ruled yesterday.
Metropolitan News-Enterprise
Originally Published May 11, 2012
The state Board of Psychology properly disciplined a licensee for unethical conduct while serving as a special master in a contentious family law case, the Third District Court of Appeal ruled yesterday. The justices affirmed Sacramento Superior Court Judge Patrick Marlette’s denial of Dr. Randy Rand’s petition for writ of mandate. Rand was challenging the board’s order placing him on probation for five years, based on findings of unprofessional conduct, gross negligence, violation of statutes governing the practice of psychology, and dishonesty.
Wednesday, January 18, 2012
Should Forensic Psychiatrists Conduct Psychological Testing?
Frank Dattilio, Ph.D., ABPP, Bob Sadoff, M.D., Eric Drogin, J.D., Ph.D., ABPP,
and Tom Gutheil, M.D.
Journal of Psychiatry & Law (Vol. 39, #3), Spring 2012
Most forensic experts have encountered at least one civil or criminal case in which a forensic psychiatrist has independently conducted psychological testing.In some instances, the psychiatrist will consult a psychologist on the interpretation of test outcomes, while in others he or she may simply rely on one of the many computerized scoring programs that provide a "canned" analysis and narrative interpretation of results.
Predictably, this phenomenon has occasionally stirred controversy regarding the clinical, ethical, and legal dimensions of appropriateness of selection, skillfulness of administration, accuracy of scoring, validity of interpretation, sufficiency of training, and codified scope of forensic practice.
The primary purpose of this article is to address the ambiguous nature of psychiatrists employing psychological testing in their forensic work, and to arrive at a definitive answer as to whether or not forensic psychiatrists should offer services in this domain.
Key to making this determination will be a review of what differentiates psychological tests from other forms of assessment, such as appraisals, rating scales, and inventories.
Also addressed are jurisdictionally based legal and ethical issues and a review of what would constitute adequate training and supervision.
[end excerpt]
A clear distinction needs to be made between what constitutes a 'psychological test' versus an 'appraisal,' 'rating scale,' or 'technique.' Rating scales, such as the Zung Depression Scale or the Beck Anxiety Inventory, have no standardized format for administration and lack complexity in scoring and interpretation. Projective techniques (i.e., Draw a Person, etc.) are so variably conducted that their best use is typically in support of psychotherapy formulations as opposed to forensic application. However, these terms are often interchangeable with the terms 'psychological test' or 'psychodiagnostic test.
[another excerpt]
Forensic psychiatrists without access to--and proper review of--administration manuals may be eroding the reliability of psychological test results from the outset.
[another excerpt]
When asked about psychological tests in court, most psychiatrists respond by saying that they have not been trained to administer, score, or interpret psychological tests and that it would be inappropriate and unethical for them to administer them without proper training. Furthermore, most psychiatrists do not comment on testing because they are not able to provide a comprehensive or valid response due to their lack of expertise.
When asked about psychological tests in court, most psychiatrists respond by saying that they have not been trained to administer, score, or interpret psychological tests and that it would be inappropriate and unethical for them to administer them without proper training. Furthermore, most psychiatrists do not comment on testing because they are not able to provide a comprehensive or valid response due to their lack of expertise.
[another excerpt]
It is our opinion that psychiatrists should never administer psychological tests without intensive training and supervision. Once again, proper training and education remain critical and, without such training, they should not attempt to incorporate psychological testing into their own examination procedures. Forensic psychiatrists would need to become familiar with the nuances of standardization and how important it is to the test results and interpretations. It may also be essential when administering psycho-logical tests to take certain notes regarding observations. Some of these notes and observations are generated by individuals who administer the tests and score them, interpreting the results on a regular basis, which, obviously, can only come from being very familiar with the tests administered and with scoring.
It is our opinion that psychiatrists should never administer psychological tests without intensive training and supervision. Once again, proper training and education remain critical and, without such training, they should not attempt to incorporate psychological testing into their own examination procedures. Forensic psychiatrists would need to become familiar with the nuances of standardization and how important it is to the test results and interpretations. It may also be essential when administering psycho-logical tests to take certain notes regarding observations. Some of these notes and observations are generated by individuals who administer the tests and score them, interpreting the results on a regular basis, which, obviously, can only come from being very familiar with the tests administered and with scoring.
[another excerpt]
The issue at hand is not one of territoriality--as some might surmise--but rather one of forensic standards and professional ethics, particularly as they pertain to protecting the public. The appropriate selection, administration, scoring, and interpretation of psychological tests require extensive training and supervision, of a sort that cannot be obtained during a weekend seminar or on the basis of casual, incidental supervision. Proper testing in forensic cases calls for a thorough grounding in test construction and assessment procedures as well as a firm knowledge of instrumental reliability and validity. Cross examination on such notions as 'standard error of measurement,' 'confidence intervals,' and 'normative populations' is fair game. Test users unfamiliar with core psychometric principles expose their reports and testimony to negative scrutiny, imperil the work of retaining counsel, haphazardly affect the fate of litigants, and run the risk of allegations of unethical behavior. In keeping with the current trend in professional training and development, psychological testing should be viewed as a 'competency'.
The author note provides the following contact information: Frank M. Dattilio, Ph.D., ABPP, Department of Psychiatry, Harvard Medical School, MMHC-Shattuck, 180 Morton St., Jamaica Plain, MA 02130. E-mail: frankdattilio@cs.com.
The issue at hand is not one of territoriality--as some might surmise--but rather one of forensic standards and professional ethics, particularly as they pertain to protecting the public. The appropriate selection, administration, scoring, and interpretation of psychological tests require extensive training and supervision, of a sort that cannot be obtained during a weekend seminar or on the basis of casual, incidental supervision. Proper testing in forensic cases calls for a thorough grounding in test construction and assessment procedures as well as a firm knowledge of instrumental reliability and validity. Cross examination on such notions as 'standard error of measurement,' 'confidence intervals,' and 'normative populations' is fair game. Test users unfamiliar with core psychometric principles expose their reports and testimony to negative scrutiny, imperil the work of retaining counsel, haphazardly affect the fate of litigants, and run the risk of allegations of unethical behavior. In keeping with the current trend in professional training and development, psychological testing should be viewed as a 'competency'.
The author note provides the following contact information: Frank M. Dattilio, Ph.D., ABPP, Department of Psychiatry, Harvard Medical School, MMHC-Shattuck, 180 Morton St., Jamaica Plain, MA 02130. E-mail: frankdattilio@cs.com.
Thanks to Ken Pope for the information and excerpts.
Saturday, October 1, 2011
Maryland State Board of Physicians v. Eist
Patient Privacy vs. Disciplining Doctors
By Jonathan E. Montgomery
Originally published June 21, 2011
This January, Maryland's highest court ruled in Board of Physicians v. Eist, that health care practitioners must timely disclose patient medical records to Maryland's Board of Physicians pursuant to a Board subpoena, or face sanctions, even if the patient involved objects to the disclosure.In this case, Dr. Eist, a psychiatrist, became the subject of a Board investigation after the estranged husband of one of his patients accused Dr. Eist of, among other things, overmedicating the patient. The Board demanded the patient's medical records, but Dr. Eist initially withheld the records when his patient refused to give consent to the disclosure. Dr. Eist believed that he should wait until the Board and his patient settled their privacy dispute.
The entire summary of the case can be found here.
The entire summary of the case can be found here.
One issue from this case stems from the psychiatrist’s choice of counsel. Apparently, though a competent attorney, Dr. Eist’s lawyer did not seem to grasp fully how to proceed when dealing with Maryland's Board of Physicians.
One major benefit to being a PPA member is to subscribe to our Legal Consultation Plan. For $150 per year, a member has access to three hours of time from an attorney who is also a psychologist and understands the workings of the Pennsylvania State Board of Psychology.
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