Mental Disability Law, Evidence, and Testimony: A Comprehensive Reference Manual for Lawyers, Judges, and Mental Disability Professionals

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American Bar Association, 2007 - Law - 467 pages
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This new book written by ABA Commission on Mental and Physical Disability Law Director, John Parry, J.D. and forensic psychologist, Eric Y. Drogin, J.D., Ph.D., Manual has been formatted and written to guide lawyers, judges, law students, and forensic and other mental disability professionals through the maze of civil and criminal laws, standards, and evidentiary pitfalls, and forensic practices that characterize this area of the law. Moreover, it summarizes what empirical evidence exists to support or raise concerns about these legal standards and forensic practices when they are introduced in the courtroom.
 

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Contents

Mental Disability Jurisprudence
1
Incompetency Criminal and Civil
7
Diminished Culpability
11
Dangerousness Civil and Criminal
13
Civil Care and Treatment Standards
16
Mental Impairment and Injury
17
Specialized Mental Disability Knowledge
19
Experts Qualifications
26
Civil Incompetency Law and Standards
138
Civil Incompetency Expert Testimony
175
Introduction
203
Law and Standards
204
Expert Evidence
226
Introduction
251
Law and Standards
252
Expert Evidence
272

Limitations on Presenting Evidence and Testimony
32
Representing Persons with Mental Disabilities
41
Mental Disabilities Key Definitions and Terms
49
Theoretical Orientations
53
Mental Health Diagnostic Classification
57
Diagnoses Commonly Encountered in Forensic Contexts
62
Mental Health Assessment
68
Ethical and Other Considerations for Mental Health Professionals
74
Introduction to Criminal and Civil Incompetency
77
Criminal Incompetency Law and Standards
80
Criminal Incompetency Expert Evidence
111
Law and Standards
292
Expert Evidence
323
Introduction
349
Expert Evidence
377
Limitations on Expert Evidence
388
Introduction
391
Expert Testimony
417
Limitations on Evidence
427
Key Terms Court Decisions and Legislation
435
Index
447
Copyright

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