Mental Health Practice in the Courts:
Psychiatry, Psychology and Law
Ian Freckelton
Ian Freckelton's Mental Health Practice in the Courts scrutinises
leading criminal, civil, administrative and family law cases in which
psychologists and psychiatrists have given expert evidence that has fundamentally
influenced decision-making and established legal precedents. It examines
the role of mental health professionals as expert witnesses, identifies
the forensic environment in which such evidence is given, its assumptions
and its rationales and, by reference to authoritative superior court
decisions, discusses practical steps that practitioners can take to discharge
their forensic responsibilities more effectively and less stressfully.
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CONTENTS
PART ONE: DIAGNOSIS, ASSESSMENT AND DISCLOSURE
1. The Diagnostic Expertise of Forensic Psychologists
2. Psychologists' Entitlement to Diagnose )
3. Dangerousness and the Obligations to Disclose
4. Actuarial Risk Prediction
5. Forensic Deviancy
6. Conscientious Objection to Military Service
PART TWO: CRIMINAL LAW
7. Psycholinguistics and the Law: the New Common Knowledge Rule
8. Victims' Responses to Trauma
9. Admissibility of False Memory Evidence
10. Lies, Personality Disorders and Expert Evidence
11. Speculation, Uncorroborated Opinions and Forensic Expertise
12. Good Character, Paedophilia and Sentencing
13. Failure to Care for a Disabled Child
14. Polygraphy and the Law
15. Predicting Jury Prejudice
16. Criminal Profiling and Crime Reconstruction Evidence
PART THREE: CIVIL LIABILITY
17. A Template for Proof of PTSD
18. Melbourne-Voyager Litigation
19. Melbourne-Voyager Litigation II
20. Compensability for Psychological Injuries
21. Compensability for Psychiatric Injuries
22. Liability for Failure to Certify
PART FOUR: INVOLUNTARY COMMITMENT
23. Civil Commitment
24. Psychopathy, Dangerousness and Involuntary Detention
25. Supervision Orders over Persons Found Not Guilty by Reason of Insanity
26. Coercing Fitness for Trial
27. A Mentally Ill Judge
PART FIVE: FAMILY LAW
28. Cults, Calamities and Consequences
29. Experts in Family Court Litigation
ABOUT
THE AUTHOR
Ian Freckelton is a barrister in full-time practice in Melbourne, specialising
at both trial and appellate level in administrative law, medico-legal
cases and criminal law.
Between 1999 and 2007 Ian was the lawyer member of the Victoria’s
Psychologists Registration Board and between 2000 and 2006 of Victoria's
Medical Practitioners Board. He is a longtime member of Victoria's Mental
Health Review Board and has served on a variety of other tribunals. Ian
is a Professor of Law at the University of Sydney; an Honorary Professor
of Law, Psychological Medicine and Forensic Medicine at Monash University;
an Adjunct Professor in the Faculty of Business and Law at Deakin University;
and an Adjunct Professor at the National Institute of Public Health and
Mental Health Research at the Auckland University of Technology.
Ian is the Victorian President and former Transnational President of
the Australian and New Zealand Association of Psychiatry, Psychology
and Law, the Australasian Vice-President of the International Academy
of Forensic Studies, the Vice-President of the International Institute
of Forensic Studies, and a Board Member of the Australian and New Zealand
Institute of Health, Law and Ethics. He is the founding editor of theJournal
of Law and Medicine and is the Editor-in-Chief of the journal, Psychiatry,
Psychology and Law.
Ian has written more than 300 peer reviewed articles and chapters of
books and is the author and editor of some 30 books
on medical law, mental health law, therapeutic jurisprudence, disciplinary
law, criminal injuries compensation, policing, coronial law, criminal
law, expert evidence, and causation.
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