Landmark Cases in Forensic Psychiatry / Edition 2

by Merrill Rotter, Heather Cucolo, Jeremy Colley

Overview

Forensic psychiatry (the interface of psychiatry and the law), forensic psychology, and mental health law are growing and evolving subspecialties in their respective larger disciplines. Topics included in these fields include a range as diverse as capital sentencing guidelines, informed consent, and standards of care for mental health treatment. All of these topics need to be understood and mastered by clinicians, educators, administrators and attorneys working with psychiatric patients. This book brings together concise, comprehensive summaries of the most important "landmark" legal decisions relating to mental health practice in the United States. These decisions, along with their underlying reasonings, make up a critical portion of the national certification examination for forensic psychiatry offered by the American Board of Psychiatry and Neurology (ABPN). Many of the themes are also tested in the ABPN certification examination for general psychiatry.This first edition of this book was the first to provide a combination of summaries of the relevant legal content paired with board-style test questions designed to help consolidate knowledge and prepare for certification. Cases with similar themes are grouped together with an eye toward helping the reader understand the evolution of legal and clinical thinking on a particular topic. In this new edition, the authors have updated all cases, and added chapters on new areas of the law with which forensic practitioners and trainess may interface. This book represents an important addition to the study tools and textbooks available related to psychiatry and the law and will serve as a useful reference for clinicians who must follow established legal requirements in their field.

Product Details

ISBN-13:	9780190914424
Publisher:	Oxford University Press
Publication date:	10/08/2019
Series:	Landmark Papers In
Edition description:	2nd ed.
Pages:	312
Product dimensions:	9.10(w) x 6.10(h) x 0.70(d)

About the Author

Merrill Rotter is a forensic psychiatrist with the NYS Office of Mental Health and on faculty at Albert Einstein College of Medicine where he is Associate Clinical Professor of Psychiatry and Director of the Division of Law and Psychiatry for the Department of Psychiatry. In his OMH role, Dr. Rotter is Senior Forensic Consultant to the Commissioner of NYS OMH and Director of the Division of Forensic Services at Bronx Psychiatric Center.

Jeremy Colley co-teaches the seminar in Landmark Cases in Psychiatry and Law, alongside Dr. Rotter, to fellows in forensic psychiatry from Albert Einstein, Columbia, NYU and Rutgers Schools of Medicine. He has served as a Chief Psychiatrist with the California Department of Corrections and Rehabilitation, and conducts research regarding police encounters with mentally ill citizens in the community.

Heather Cucolo is an adjunct professor at New York Law School (NYLS) and the facilitator of the joint JD/MA program with John Jay College of Criminal Justice. In addition to those roles, Professor Cucolo is co-owner of the Mental Disability Law and Policy Associates educational company and on the Board of Trustees as Director of the International Society of Therapeutic Jurisprudence.

Table of Contents

The Forensic Psychiatry Paper Chase: Making the Case for the Landmark Cases Seminar

SECTION I: Mental Health Practice Guidelines

Chapter 1: Confidentiality and Privilege
In re Lifschutz
Doe v. RoeWhalen v. Roe
In re Subpoena Served upon Zuniga
State v. Andring
Commonwealth v. Kobrin
Menendez v. Superior Court
Jaffee v. Redmond

Chapter 2: Informed Consent
Natanson v. Kline
Canterbury v. Spence
Kaimowitz v. Department of Mental Health for the State of Michigan
Truman v. Thomas
Clites v. Iowa
Zinermon v. Burch

Chapter 3: Duty to Protect
Tarasoff v. Regents
Lipari v. Sears
Petersen v. Washington
Jablonski v. U.S.
Naidu v. Laird

Chapter 4: Expert Testimony
Frye v. U.S.
State v. Hurd
People v. Shirley
Rock v. Arkansas
Daubert v. Merrell Dow Pharmaceuticals
General Electric v. Joiner
Kumho Tire Co. v. Carmichael
Buck v. Davis*

Chapter 5: Questions on Mental Health Practice Guidelines

SECTION II: Institutional Treatment Guidelines
Chapter 6: Civil Commitment
Lake v. Cameron
Baxstrom v. Herold
Lessard v. Schmidt
O'Connor v. Donaldson
Addington v. Texas
Parham v. J.R.

Chapter 7: Right to Die
Cruzan v. Director of Missouri Department of Mental Health
Washington v. Glucksberg
Vacco v. Quill

Chapter 8: Right to Treatment
Rouse v. Cameron
Wyatt v. Stickney
Youngberg v. Romeo

Chapter 9: Right to Refuse Treatment
Application of the President and Directors of Georgetown University
Superintendent of Belchertown State School et al. v. Joseph Saikewicz
In the Matter of the Guardianship of Richard Roe, III
Rennie v. Klein
Rogers v. Commissioner

Chapter 10: Questions on Institutional Treatment Guidelines

SECTION III: Child and Adolescent Issues

Chapter 11: Child Abuse Reporting
Landeros v. Flood
People v. Stritzinger
DeShaney v. Winnebago

Chapter 12: Child Custody and Parental Competencies
Painter v. Bannister
Santosky v. Kramer

Chapter 13: Juvenile Rights
In re Gault
Graham v. Florida
Miller v. Alabama

Chapter 14: EAHCA (Education for All Handicapped Children Act); IDEA (Individuals with Disabilities Education Act)
Hendrick Hudson Board of Education v. Rowley
Irving Independent School District v. Tatro

Chapter 15: Questions on Child and Adolescent Issues

SECTION IV: Tort Law
Chapter 16: ADA and Disability Rights
Carter v. General Motors
City of Cleburne, Tex. v. Cleburne Living CtrBragdon v. Abbott
Pennsylvania v. Yeskey
Olmstead v. Zimring
Toyota v. Williams
Hargrave v. Vermont
U.S. v. Georgia
Disability Rights New Jersey, Inc. v. Comm'r, New Jersey Dep't of Human Services*Sheehan v. City of San Francisco*

Chapter 17: Emotional Harm
Dillon v. Legg
Thing v. La Chusa

Chapter 18: Clinical Practice Liability
Roy v. Hartogs
Aetna v. McCabe
Mazza v. Medical Mutual Insurance Company of North Carolina
Wickline v. State
Wilson v. Blue Cross of Southern California

Chapter 19: Sexual Harassment
Meritor Savings Bank v. Vinson
Harris v. Forklift Systems, Inc.
Oncale v. Sundowner Offshore Services, Inc.

Chapter 20: Questions on Tort Law

SECTION V: Criminal Law and Incarceration
Chapter 21: Criminal Procedure
Miranda v. Arizona
North Carolina v. Alford
Colorado v. Connelly
Robinson v. California
Powell v. Texas
Commonwealth of Massachussetts v. Eldred*

Chapter 22: Criminal Competencies
Dusky v. U.S.
Wilson v. U.S.
Jackson v. Indiana
Drope v. Missouri
Medina v. CaliforniaGodinez v. Moran
Cooper v. Oklahoma
Indiana v. Edwards
Trueblood v. Washington State Dep't of Social and Health Services*

Chapter 23: Diminished Capacity
People v. Patterson
Ibn-Tamas v. U.S.
People v. Saille
Montana v. Egelhoff

Chapter 24: Insanity
M'Naghten's Case
Durham v. U.S.
Washington v. U.S.
Frendak v. U.S.
Jones v. U.S.
U.S. v. Torniero
Foucha v. Louisiana
Clark v. Arizona

Chapter 25: Prisoners' Rights
Estelle v. Gamble
Vitek v. Jones
Washington v. Harper
Riggins v. Nevada
Farmer v. Brennan
Sell v. U.S.
Brown v. Plata
Taylor v. Barkes*
Chapter 26: Death Penalty
Estelle v. Smith
Ake v. Oklahoma
Ford v. Wainwright
Payne v. Tennessee
State v. Perry
Atkins v. Virginia
Roper v. Simmons
Panetti v. Quarterman
Ryan v. Gonzales*
Hall v. Florida*
Moore v. Texas*
McWilliams v. Dunn*

Chapter 27: Sex Offenders
Specht v. Patterson
Allen v. Illinois
In re Young and Cunningham
Kansas v. Hendricks
McKune v. Lile
Kansas v. Crane
U.S. v. Comstock
Does #1-5 v. Snyder*
Millard v. Rankin*

Chapter 28: Questions on Criminal Law and Incarceration

SECTION VI: Miscellaneous

Chapter 29: Immigration
Padilla v. KentuckyMatter of M-A-M

Chapter 30: Gun Ownership
District of Columbia v. HellerMcDonald v. City of ChicagoWollschloaeger v. Governor of Florida Tyler v. Hillsdale County Sheriff's Department

Chapter 31: Questions on Immigration and Gun Ownership

Appendix A: The Bill of Rights and Fourteenth Amendment, U.S. Constitution
Appendix B: Federal vs. State Jurisdiction and the Supreme Court
Appendix C: Geographic Boundaries of the U.S. and DC Circuit Courts of Appeal
Appendix D: Glossary of Terms