Writing
Reports for Court
A Practical Guide for Psychologists
Working in Forensic Contexts
Jack White,
Andrew Day & Louisa Hackett
The credibility of a psychologist
called upon to prepare a report for court as an expert witness will
be questioned if the document presented is viewed as poor. The court
will place little weight on the report and the psychologist’s
professional reputation will be placed at risk. Complaints against
psychologists to registration boards, ethics committees and litigation
proceedings are frequently the consequence of poor psychological reports.
It is vital therefore that
psychologists receive guidelines to assist with the preparation of
these reports to the same degree of precision they receive for the
writing of the ubiquitous American Psychological Association (APA)
formatted research report.
This text examines relevant
mental health state legislation relating to criminal, civil and
family courts and then sets out a logical structure for writing
reports for such matters. The use of psychological tests and their
utility in providing useful objective data for courts is also examined.
Three chapters are devoted to questions central to an expert offering
an ‘opinion’ in court.
Featuring numerous case studies
to illustrate the applicability of the information provided, this book
serves as an excellent text for all psychologists considering a career
in forensic work as well as any working psychologist who may find themselves
in a court setting.
About
the Authors
Jack White is
chair of the Australian Psychological Society College of Forensic Psychology
(SA), works in private practice and teaches in the forensic masters
program at the University of South Australia.
Andrew Day is
Associate Research Professor with the Forensic Psychology Research
Group at the University of South Australia.
Louisa Hackett works
as a researcher with the Forensic Psychology Research Group at the
University of South Australia, and as a Senior Forensic Psychologist
for the Department for Correctional Services in South Australia.
Table
of Contents
1. INTRODUCTION
1.1. The Role of the Psychologist in the Legal Process
1.2 Difference between an Expert Witness and a Witness of Fact
1.3 Expert Evidence Guidelines
2. AUSTRALIAN LEGISLATION
2.1. Mental Impairment Legislation
2.1.1. Legal Definitions of Mental Illness
2.1.2. Presumption of Sanity
2.2. Fitness to Plead and to Stand Trial
2.3. Offender Rehabilitation
2.4. Indefinite Detention
3. THE COURT REPORT STRUCTURE
3.1 Referral Details
3.2. Information Sources
3.3. Statement of Qualifications
3.4 Background Information
3.4.1 Personal and Family History
3.4.2. Education Background
3.4.3. Vocational Background
3.4.4 Physical Health Background
3.4.5 Mental Health Background
3.4.6 Substance Use History
3.4.7 Past Legal History
3.4.8 Other Background Issues
3.5 Current Legal Matter
3.6. Behaviour During the Assessment
3.7 Psychometric Test Results
3.7.1. Veracity of Psychological Tests in Court
3.8. Assessment of Mental Disorder
3.8.1. Tests of Intellectual Functioning
3.8.2. Tests of Clinical Symptomology
3.8.3. Neuropsychological Tests
3.9. Opinion
4. ADDRESSING THE LEGAL ISSUES
4.1 Rights when a person is being questioned by the police
Case 1A: Police Interview
4.2. Fitness to stand trial
Fitness to Plead Case Examples
4.3 Mental Incompetence
Mental Incompetence Cases Examples
4.4. Sentencing
4.4.1. Risk of Recidivism
4.4.2. Availability of Treatment or Rehabilitation
4.4.3 Likely Response to Treatment or Rehabilitation
4.4.4. Ability to Cope in the Prison System or to Present Risk
of Harm to Self
4.5 Sentencing Cases Examples
4.6 Other Issues
5. Civil Compensation Issues
5.1. Assessing 'Pre-Accident' Status
5.2. History of Previous Accidents
5.3. History of Previous Psychological Impairments
5.4. History of Past Psychological Treatment
5.5. Does the Person Have a Compensable Psychological Condition?
5.6. Was the Psychological Condition a Direct Consequence of
the Accident?
5.7. Longitudinal History of the Psychological Condition
5.8. Has the Condition Changed Over Time With or Without Treatment?
5.9. Measuring the Level of Impairment
5.10 Case Examples in Civil Matters
6. FAMILY COURT MATTERS
6.1 Parenting Evaluations
7. Issues Regarding Malingering
Case Examples: Malingering
8. GOING TO COURT AS AN EXPERT WITNESS
8.1 Prior to Court
8.1.1 The Report
8.1.2 Meeting with Counsel
8.1.3 Qualifying as an Expert Witness
8.2 In the Court
8.2.1 Materials to Take to Court
8.2.2 What to Wear
8.2.3 In the Witness Box
8.2.4 When the Trial is Over
9. GLOSSARY OF PSYCHOLOGICAL TESTS
Tests of Intellectual Functioning
Tests of Clinical Symptomology
Neuropsychological Tests
Tests of Fitness to Plead
Tests of Mental Incompetence
Risk Assessment Instruments
Criminogenic Need Assessment Instruments
Instruments for Assessing Malingering
10. REFERENCES
References to legislation
Appendix 1: Offender Rehabilitation Programs in Australia
Appendix 2: Family Court Expert Evidence
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