Professional Documents
Culture Documents
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Table of Contents
Acknowledgments
Preface
Chapter 12 “Troublemakers”
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Acknowledgments
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stuck with me, even though they could not depend
on me to support their position in some cases. Yes,
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Preface
bad news.
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development of advanced research techniques,
psychiatry is increasingly based on empirical
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always wide of the mark. There is improper
testimony; sometimes there is outrageous
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the details of the case histories to help preserve
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that during the course of my career, I, too, have
purveyed misinformation because of naiveté or
actions.
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Chapter 1
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psychiatric testimony has been echoed by
countless professional and lay critics. Such
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business for himself’ by sending out 140
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noted that Dr. Smith contradicted himself in his
“opaque.”
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was all about. If things went awry, put a woman on
trial. The judges knew a witch when they saw one.
People specialize.
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witnesses possessed common knowledge. In court,
they could testify about what they had seen and
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one expert, the judge or jury may not agree with
he’s not?”
their way.
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Wealthy litigants may spend thousands of
evidence.
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While the courtroom may be an arena of
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is no way for an expert to build up a forensic
practice.
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district attorney and Bobby’s lawyer agreed to
these facts: Bobby’s drug use started with speed
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and Greg learned he was suspected. Greg and his
friends accosted Bobby in a bar and warned him
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his head. He and his friends kicked him
mercilessly, but they made sure not to allow him
his chest wall and into his heart. Greg bled out
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him. However, one of Bobby’s friends worried
penalty.
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the faculty of a major medical school. He was
consultant to several important agencies. He was
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It was an ingredient in Coca-Cola, until it was
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to run around on him and finally left him for
another man. Nonetheless, he continued to work
began to drink.
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crowd.
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testimony—specialized knowledge which could
help the jury understand. The use of
anything to survive!
Greg and his friends were after him. “Ah,” said Dr.
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to time. But was it impaired at the time of the
killing? “Yes,” said Dr. Barker, responding to the
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Dr. Barker should have said “that could take place.”
But accuracy was taking a back seat to persuasion.
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they heard about the tragedies in his life, or
testimony at all.
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Some witnesses use junk science. Junk science,
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base their reasoning are, perhaps unbeknownst to
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of the offense. Both men were found guilty by the
jury. They were given the death penalty.
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if Mr. Stone was, indeed, stressed out at the time.
The psychologist’s report was 20 single-spaced
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little self confidence. Under stress, their attention
maladjustment.
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Jim told the psychologist he was virtually a
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supported what Jim said about his emotional state
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is a very controversial inference to make; the data
to support this inference are weak and ambiguous.
not severe.
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knew he wasn’t.
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clinical practice—largely psychoanalytically
oriented practice. Psychoanalysis was an easy
them.12
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considered psychiatry’s “principle founding
father.”13 She maintains that psychiatric
Notes
1 Ziskin J: Coping with psychological and psychiatric
testimony (3rd ed.). Venice, Calif.: Law and Psychology
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Press, 1991, p. 63
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12 Morse SJ: Failed explanations and criminal responsibility:
Experts and the unconscious. Virginia Law Rev. 68: 971-
1084,1982
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Chapter 2
its verdict.1
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this state? How much experience have you had?
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because you have specialized knowledge and
understanding—knowledge and understanding
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suggested to his daughter that they go to the
circus on Saturday afternoon, Joan asked if her
weren’t home.
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the Applewoods told their daughter Denise was
not a very reliable playmate. Joan agreed. And that
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them to take their clothes off. Joan declined. Bill
forcibly removed Denise’s clothes and raped her
away.
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When the social worker interviewed Joan’s
trying to hide?
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father have permission to take Denise?— Joan
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young boy whose name was also Bill.
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“That’s the point,” I said. I told him it was
weight.
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obvious element; they did go to the circus. She
probably pieced all this together with the social
permission.
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I asked the lawyer if he didn’t think the judge
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But wait a minute! Experts are allowed to
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of the general public. Overtly biased jurors
presumably have been screened out when the
reasonable.
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twenty pages describing courtroom attempts to
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reasonable person. Especially when they want us
to confirm their own opinions.
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But even if she had a false belief, it might be a
reasonable mistake. I didn’t consider this a
psychiatric question.
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The attorney challenged me by asking if I was
behavior.
up. Ms. Foster was hoping I’d find that Brenda had
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just unreasonable. She wanted me to rebut Dr.
Franklin. I replied that I could certainly comment
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The doctor’s records also revealed what
had AIDS.
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referral from him because he agreed she might
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her sleep was disrupted by a nightmare that the
Devil was watching her. She was terribly ashamed
was poor.
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They were poor workers. They swore and took the
needle.
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Dr. Franklin was right. Brenda wasn’t
very high.
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“Have you two had a romantic relationship?” I
inquired.
“Sexual?”
Johnny?” I asked.
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“Not really,” she answered. “We shouldn’t have
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symptoms was true, it was unlikely she could
return to work. The needle scratch did not trigger
testimony.
unreasonable?”
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hypochondriasis and its outlook, but not about the
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And what distinguishes the “exact science” from
junk science?
air.
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may become tomorrow’s historical oddity. This is
true of the biological sciences underlying much of
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the American Medical Association8 points this out
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side. You may hear different interpretations of the
same data—from reputable and well-meaning
physicians.
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specific guidelines. (1) The theory or technique
can be (and has been) tested. This doesn’t mean it
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the testimony represents firmly based opinion. If
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tested data. There is also much speculation and
untested theory in psychiatric practice—theory
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not admissible.12 If the doctor’s testimony is that
psychiatry.
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I shall discuss the variety of these issues in
Notes
5 Keeton WP: Prosser and Keeton on the law of torts. St. Paul,
Minn.: West Publishing Co, 1984, p. 174
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hypochondriasis. Psychopharm. Bull. 32: 607-611,1996
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Chapter 3
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post hoc, ergo propter hoc—after this, therefore
because of this.
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the jury may have enough sympathy for the sick
people to decide in their favor. Or the jury may
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situation.
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observation overnight. She was released the next
morning.
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various parts of her body—pains which defied
medical diagnosis. Everything seemed clear
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Even though Betty had a history of mysterious
she’d faked illnesses all her life. And now she saw
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Did she really have a concussion? Her medical
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the damaged brain cannot immediately lay down
memory traces.
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have produced these results.
compensation.
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chocolate already on the shelf. The contents of the
container were all spilled out on the floor. And the
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medical complaints which drive their physicians
diagnosis.
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remember falling, but found herself on the floor.”
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personality where different personalities take
over from time to time are dissociative reactions.
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coming in and climbing the ladder. Not even the
ambulance ride. Nothing, until she abruptly “woke
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this offer.
forensic psychiatrist.
consequences.5
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Most injuries in the workplace involve damage
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Particularly if an employee is psychiatrically
allowed to sue?
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some of those states stretch the law and award
that jurisdiction.
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In such a jurisdiction, it is up to the judge to
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document preparation. And Janet was the
worrying type. At night, she would lie awake,
he did tell her that she did a good job. And he was
a pleasant man. You don’t always find that in a
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desk and entered Mr. Jenkins’s office before Janet
even had a chance to ask who he was. The door
his desk. She saw the hole in the wall where the
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Browning called me. He was the lawyer for the
insurance company which carried the workers’
that Janet had reported for work for the next few
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keep up with the high-pressure work schedule? If
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The doctor’s notes revealed that Janet came in
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However, the incident with the intruder
thoughts of suicide.
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traumatic stress disorder. She had panics. She was
depressed. And, if the doctor’s notes were
her.
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flushed. She paused to compose herself, and then
she went on. “After the man left, all I could think
unusual event.
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intervening causes.9 There may be several causes
of the condition we observe—some lying within
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psychiatrist, despite adequate treatment, the
depression had hung on so stubbornly for so long,
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dropped off. “I guess I wasn’t very good company.”
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flushed as he said this. This is the theme that he
thought about—brooded about—when he got to
this way?”
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wanted to talk about.
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emotional component of his complaint. In my
view, that may have been a bit harsh. I had said
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insurance company. While he could acknowledge
the bodily injuries, he was not ready to accept that
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attorney told me about the case and said he’d send
me the plaintiff’s deposition and his psychiatric
records.
Mr. Bradley.
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problem years ago.
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medical reports are necessary to bolster our
diagnosis. When the patient is unable to give a
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well find causes other than the one which is
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the two types of evaluations, Mr. Bradley shifted
his focus. He would not risk having me evaluate
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to receiving and considering new facts.
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Hunting down causes is one of the most
Notes
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5 Dobbs DB: The law of torts. St. Paul, Minn.: West Group,
2000, pp. 1050-1051
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Chapter 4
Psychiatric Impairments
Remember the medieval judges who knew a
witch when they saw one? So, how do modern-day
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pain, either with your eyes or with complicated
imaging equipment. And even if you could, you
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Organization, an impairment is “any loss or
abnormality of psychological, physiological, or
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In the clinical situation, this is usually not a
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test can be scored, or if it was taken in such a way
it is not definitive.
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Tests were helpful in the evaluation of Fred
psychiatrist.
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somewhat painful injury inducing a psychiatric
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After reviewing the records, I interviewed both
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her whether she could hear them. He did virtually
nothing all day and she couldn’t motivate him. He
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In order to look further into the question of
data.
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scales were extremely high. This kind of problem
of reported symptoms.
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Dr. Gibbons, who had seen him for over a year,
that? I don’t.
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Psychological tests are only one type of
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about his chances for recovery. The doctors were
to a psychiatrist.
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settled on a plateau—moderate depression—and
was unlikely to improve further.
basket case.
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appointment, there was no basket case at my door.
Frank arrived, sipping a large coke. He was
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believe I used to be a sports man. Basketball,
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diagnosis of moderate depression, but perhaps
there were some mild depressive symptoms.
in remission.
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meeting with Frank and his wife together with
their lawyer. The tape was shown. There was
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to get caught? Human behavior has many twists
and turns, and we psychiatrists don’t have all the
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gather from them indicates there is a reasonable
causal chain leading to a bona fide psychiatric
subsequent chapters.)
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expressed numerically.
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States. In every specialty except psychiatry, the
book gives criteria which translate into a number
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who worked out this system did not shy away
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whose life never seems to wobble. I haven’t met
any of them.
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amount of impairment—presumably a drop from
where an unimpaired person would be. The only
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nightmares, not only of what had happened, but
disorder.
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before the accident she was operating at a GAF of
100 (100 minus 60 would be 40 percent
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merely wants you to impress the jury with the
symptoms. The lawyer hopes the defense will not
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ones. It’s not particularly a sign of
psychopathology.
reasonable.
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The next step was to assess her functioning
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case.
individual.
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either prostitutes or are using junk science. As I
stated above, impairment rating is not an exact
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Does that mean the psychiatric expert must
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your findings always support the defense,
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reasonable degree of medical certainty. Yet, these
are things judges and juries often need to know in
Notes
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ed.). New York: Guilford Press, 1997, pp. 169-207
10 Ibid., p. 3
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Chapter 5
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medications, innovative psychotherapeutic and
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plaintiff in a law suit. If this plaintiff has a
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monetary award is usually decided by the jury,
skyrocket.
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depression as a consequence of the back injury.
The proof of the causal link was that it had started
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absurdity of the other psychiatrist’s statement, but
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neurosurgeon evaluated a woman who
complained of neck and arm pain after she fell at
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impaired because he or she refuses to go to the
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short of breath and felt as if her heart was about to
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circumstances required professional help.
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Sylvia told me the psychiatrist explained
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We talked about many things, and I decided
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improve panic disorder. A recent study showed
that about 80 percent of patients so treated
unlikely to resolve.
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I am not an expert in this alternative type of
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perhaps because he or she misunderstands the
assessment of permanency.
job.
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different manufacturing processes. Gradually he
noticed the onset of bouts of mental confusion.
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Brad was convinced contamination was his
problem because, as he told me, “Right after the
returned.
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concentrate; he was forgetful and constantly lost
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showed no abnormalities.
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doctor wasn’t. His choice of lead measurement and
science.
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do not lead to the symptoms Brad showed. The
workers’ compensation insurer sent him to a
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state.
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every so often. And my evaluation led me to the
same conclusion. In fact, it turned out that Brad
exposure.
industrial toxins.
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company didn’t want to take the chance of an
adverse opinion from a judge for whom science
was not his long suit. I’ll never know. The details
of settlements are not generally revealed.
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and popular. He started college, but he soon got so
involved in extracurricular activities that his
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first he attributed his insomnia to overwork. He
decided to take some time off. As depression
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I reviewed several years’ worth of the
back on course.
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He filled me in on some historical details.
bankrupt.”
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never used to be even average; I always got great
ratings.”
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were getting shorter.
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insurance company agreed and Henry was
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pain. So did standing, walking, and even lying in
bed. His sleep was disrupted. According to his
to improve.
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Gradually, he became irritable. He hated
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could be me. The suicide thoughts started coming
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leaped out at me was the fact that while he had
raised the medication when George first saw him,
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Dr. Blackwell. When I reviewed his office notes, I
who saw the patient and wrote the note and the
medication recommendation. The doctor
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for second-best treatment. They may not take the
profession.
Notes
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1 Meltzer HY and Ranjan R: Recent advances in the
pharmacology of schizophrenia. Acta Psychiat. Scand.
Supp. 384: 95-101,1995
6 Ibid., p. 315
7 Ibid., p. 296
10 Ibid.
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11 Lishman WA: Organic psychiatry: The psychological
consequences of cerebral disorder (3rd ed.). Oxford,
England: Blackwell Science LTD, 1998, p. 631
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Chapter 6
Long-Distance Evaluations
George III,1 King of England from 1760 to
mystery.
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If the royal physicians had to testify in court,
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examined personally? Or whom you have not seen
when he or she was actually suffering from the
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psychoanalysis. Two of its theoretical concepts in
vogue when Guttmacher wrote his book are of
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and his leap from actual data to formulations was
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bouts of irrationality when the nerves of the brain
are attacked.
porphyrins.
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Fortunately, descendants of royalty are generally
easier to locate than those of the general public,
1500s.8
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Of course, MacAlpine and Hunter were not
arena.
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Contrast this with the legal arena which, in my
death.
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those you didn’t interview months or years ago
when they did something that brought them to
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mental illness and what one thinks is not mental
illness.11 I shall discuss this problem further in
Chapter 14.
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the thirteenth century.12
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guidelines for legal insanity in that state were
patterned after a well-known English case which
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had no work record to speak of. According to his
uncle, he’d gone downhill since his senior year in
but harmless.
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and manipulated through military police arrest.
gangrene sabotage.”
else to me.
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together. His facial expression, flat tone of voice,
and short outbursts of bizarre laughter had no
bizarre.
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blown,15 and the reports of those who knew him
testified to a long-standing illness. Other facts,
tense.
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The prosecutor’s question to me was an
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On the other end of the spectrum, the district
attorney prosecuting Donald’s case waited a
disease.”
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rational manner on the night of the offense.
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and spent his time socializing with other patients
and watching television. Nothing unusual about
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after he was arrested. After an evening of drinking
and gambling at a club (where he had lost most of
the register.
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was home by 1:30 A.M.
then what?”
the light.”
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“I don’t know. An old guy with a gray beard
point the gun at him and ask him for the money.”
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sugar level, drawn several hours after his previous
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Therefore, the linkage of Donald’s illegal activity
life in prison.
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mind at the time of the event. Still, there may be
some observations psychiatrists can make to help
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didn’t want to plead insanity. Since Matt originally
came from Tennessee, the attorney felt a
colleague.
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As the years went on, the marriage
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statements made by three of his friends which the
keyed up.
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thought she was in the seat next to me, but when I
started to put my arm around her, she wasn’t
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was her girlfriend, the one who ruined my
worked it out.”
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marriage. He also knew Matt was taking increasing
doses of speed—amphetamines.
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document other physiological changes associated
other material.
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present the symptoms which might meet the
guidelines for legal insanity. I agreed with that
voluntary.18
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jury agreed that his mental state was so clouded
and was told the trial had started and the attorney
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I wrote down ten questions for him to ask. These
would allow me to establish the amphetamine
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illegal drug he or she took voluntarily, the
assailant is entitled to a lighter sentence. Once
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idealized his wife—put her on a pedestal.
Although she had been married before, “She was a
her like the whore he felt she was. Using his old
key, he entered the house and waited for her. He
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My psychoanalytic training helped me
cause trouble.
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formulation; it was irrelevant. It was the sleep
his mind.
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Chapter 2, “sound mind” is described in more
detail. The person executing a will must have a
worse days.
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who may have benefited by exerting “undue
influence” on the testator—taking advantage of
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and a record of some of his hospitalizations.
little things.
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small home in the mountains. Four young men
befriended him and suggested ways they could
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due to improper use of insulin. On another
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I could make a diagnosis with a reasonable
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could not, in my opinion, be counted on. And
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the friends, not the state of mind of Charlie. It was
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Notes
1 All names and incidents in this case discussion are accurate
as documented in the references.
4 Ibid., p. 26
7 Ibid., p. 195
`0 Ibid., p. xix
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13 M’Naughten’s Case, 8 Eng. Reports 718, 719 (1843)
14 Ibid., p. 721
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Chapter 7
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injured a horse, even accidentally, the horse owner
could sue. If a smith who injures a horse because
could be sued.
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school.
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the standard of practice. When this happens, the
jury of laypersons may sweep away much of the
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He replied that what she needed was
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devastating and can aggravate the depression.
Finally, Ms. Jordan felt she could no longer help
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By this time, the movements had increased
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However, he continued to insist Jeanette was
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night time phone call by saying “Take two aspirins
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Dr. Tarbow neither adhered to the standard of
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target of a lawsuit.
others.
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This shouldn’t surprise anyone. Violent acts
need it anymore.
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to insure with a different company. They aren’t
the foreseeability.
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dangerous is overkill; in this country we generally
don’t confine people to prevent something that
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one public mental hospital. Like the ballpark in
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forced into a hospital only if there was urgent
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Such were the rules in effect when Angela
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a while, but finally she put the bottle down and
decided to come to the hospital.
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commitment paper (two were required) when
Angela agreed to come in voluntarily. By the time
suicidal.
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That afternoon, Angela told a nurse that Dr.
following day.
mother sued.
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didn’t phase Dr. Morrison. He said he ordered the
tests only to see if the patient would be
whatsoever!
of suicide potential.
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Even the fact that the story changed overnight
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doesn’t try to persuade the witness to distort his
or her findings. And I had no reason to suspect this
witness.
A: No.
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A: No.
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depressions resolve spontaneously.
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Q: Are all depressed people dangerous?
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deviation from the standard of care. Dr. Morrison
was exonerated.
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to listen to your heart when I give you a physical
exam and you come down with an infected toe,
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drinking. He agreed to come into the psychiatric
unit under Dr. Andrews’s care.
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The next day, Perry said he wanted to leave. At
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Several days later, Perry phoned Dr. Andrews
health center.
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care in not ensuring Perry would remain on the
unit? All the experts agreed Dr. Andrews believed
prediction.
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Dr. Andrews should have put him on level 1, which
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forced to stay because of the regulation. As the
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the doctor-patient relationship and reduce the
chances of working things out. It is prudent to do
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certain rights and powers that others don’t have.
And with these rights come certain duties, one of
can.
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should have been given a back seat. I could not
agree with the conclusions of my colleague.
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whether the lack of motivation made successful
treatment likely. And which condition were we
efficacious.16
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outcome, the amount of time which has elapsed
between the two events must be taken into
causal chain.
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jury trial.
certainty.
Notes
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Pharmacotherapy 7:163-178,1981
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14 Bursten B: Dimensions of third party protection. Bull.
Amer. Acad. Psychiatry Law 6: 405-413,1978
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Chapter 8
Nursery Crimes
Adults can—and they sometimes do—beat and
maim children. They may burn them with hot
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and treatment of multiple wounds is extensive.
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involved in what might be a legal problem.
Generally, the focus was on treating the patient,
confidentiality.6
answer.
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prevailed. The findings were attributed to
accidents or parental carelessness.8 Finally, in
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are the experts who can interpret their
observations to the court. (We will consider the
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consequences of this way of thinking have led to
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protective agencies, such as state Departments of
Human Services or Child Protection Services have
standards?
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the hospital by his parents. They said he
developed a rash a few days ago. It started as a
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The case was turned over to a clinic which the
problems.”
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adolescent, when she went to live with an uncle,
She had been raped at the age of 15. When she was
17, she gave birth to her first child. She had no
idea who the father was. She gave the child up for
adoption.
She didn’t enjoy it, but it was the price she had to
pay. She and her husband were married four years
ago. She was content in this marriage. Her
them.
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According to the social worker, Mrs. Hunter
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The social worker listed her concerns on the
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expert psychological (in this case) testimony?
positions.
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preoccupations with her daydreams. She was a
dependent, somewhat sensitive and mistrustful
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destructive impulses. There were “tendencies
toward resentment of nurturing women.” The
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character of the person involved in the situation
discussed at the trial. For example, in a criminal
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case played out.
being an abuser?
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on any dimensions except the absence of
documented abuse.”14 Yet if we were to testify on
the basis of their profiles, all of them might be
fingered as abusers.
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I did not believe that psychiatrists had much, if
anything, to add in these types of cases, except to
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mean the abuse did not occur.
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event—with no marks on the body and no third-
party witnesses—did or did not occur? No wonder
Carolyn.
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“redness around the vagina.” No tearing or
bruising was discovered. Because of the
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developmentally on target. She was an active girl
—outgoing and friendly. She “did not appear to be
me.
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I told the lawyer that neither I nor any other
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“Louise.” This was the only report involving
“I know.”
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room with her daddy while I talked with Louise.
the kids.”
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together. It seemed to be a comfortable
relationship, and Carolyn showed no anxiety.
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dear, but don’t say I told you to say anything.”
mind.
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After receiving my report, the judge felt the
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assessing dangerous patients (Chapter 7) and
reject them when it comes to abuse? There are
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Unfortunately, sometimes our testimony rests
treat “victims.”
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were doing with these families. I responded that if
saw it.
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for a woman who was a good psychologist but was
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The DHS worker replied that she knew all that.
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they told the whole story. He wanted my expert
high-profile case.
teachers.
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had no psychiatric training whatsoever. Since that
time, psychiatrists and psychologists have
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had been implanted by the therapists. A new
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(1): It is possible for childhood victims of
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One example from my clinical practice drove
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three possible courses of treatment. She could
take medication, she could have behavioral
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compulsion lightened. It remained, but on a
tolerable level.
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but before the suit came to trial, Mr. Cook thought
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patient couldn’t actually find any abuse in her
memory bank.
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diagnosis; they are not aware of alternate
possibilities. Others follow what they have been
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implanted by psychotherapists. Some, but not all,
is which? We can’t!
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... is very much in its infancy.”24
allegations.”25
occur.
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citing the validity of their tests or procedures.
There are many different types of validity, but,
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But 66 percent lacked such evidence; the
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sample were or were not abused.
knowledge.
Notes
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Violence 9: 75-94,1994
6 Pfohl ST: The “discovery” of child abuse. Soc. Probs. 24: 310-
323,1977
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Cambridge, Mass.: Ballinger Publishing Co., 1976, pp.
393-407
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24 Brown D: Pseudomemories: The standard of science and
the standard of care in trauma treatment. Amer. Journ.
Clinical Hypnosis 37,#3: 1-24,1995
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Chapter 9
Custody Battles
Shortly after King Solomon received the gift of
great wisdom and understanding, he faced a child
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her claim in order that the child might live. “This is
this evidence.
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character evidence. That’s not the kind of
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Gradually, however, the focus shifted to the
atmosphere of heaven....”3
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However, times were changing in the early
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the experts in this area.
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or tends to prove nothing except how
professionals may overreach.
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very impressed. They had coffee, and the
relationship began.
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have in common—was a child. The following year,
Kenneth Junior—KJ—was born. But things went
KJ.
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was in the average range. She had developed good
coping mechanisms which were very helpful to
emotional warmth.
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when I talked with him. He and the doctor shared
the “many cultural interests”; they were friends.
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mentally ill, and Kenneth had a copy of the
commitment paper to prove it. She had a terrible
car.
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asked him what they were doing.
we go in his car.”
supper.”
in the house?”
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floor, a little uneasily. I asked if he wanted to draw
another picture. He drew two figures with their
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In my report, I listed the various accusations,
secretary.
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someone who shows a full range of emotion? And
her lip?
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decide which parent will act in the best interests
of the child is usually a futile exercise. As we have
additional parent.
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probably the most important point the author
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and the children is the centerpiece of the
situation.
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observing parent and child under the relatively
engineer.
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Doreen came to the marriage with her 12-year-
to be decided.
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herself because of Johnny’s demanding nature and
insolent remarks. Johnny’s school behavior was
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need to add the opinion of experts. The attorney
representing Johnny’s biological father obtained a
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Philip’s lawyer asked me to evaluate the
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work—an area where she felt most comfortable
and competent.
well in school.
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their mother, and the visits were going well.
Doreen had been seeing a psychiatrist for
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of assessing relationships in the less obvious cases
casts doubt on the validity of psychiatric opinions
in an attachment-centered inquiry.
life.
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deprive the individual of the security and
confidence necessary for intimate relationships
moderate association.
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the psychologist deduced that Johnny’s emotional
outbursts and self-centeredness were
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“Unfitness Profile.” And if there were a way of
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the differences between the parents are not large
and obvious.
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case of Jerry Cummings. Jerry’s son, Bob, was a
fourteen-year-old boy with a serious behavior
together.
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group home.
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“Does he still beg?” I asked.
I called DHS.”
break.”
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“Not really. I guess he got back to the home OK,
missing.
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Jerry summed himself up this way. “I’m not a
don’t know.”
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The conclusions were obvious from the data;
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should do the weighting.
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seek to regain custody after the child has lived for
an extended period of time with a guardian or
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returned her to a biological parent who had not
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junk science. Especially in custody cases, where
Notes
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36 (supplement): 57s-68s, 1997
11 Ibid.
13 Ibid., p. 377
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Chapter 10
“Sex Play”
Paula Coughlin1 was not amused. In 1991, she
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made them “run the gauntlet.” They pulled at their
clothes and groped them. According to Paula,
when she finally got to the end of the line, she fled
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molester.
to women.”4
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During the Hilton trial, the defense attorneys
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It took them less than one hour to decide on the $5
million punitive award.7
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government about $327 million over a two-year
period.
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sexual behavior, and if the harassment came into
view, it was the woman who was considered
livelihoods.
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of such individual’s race, color, religion, sex or
national origin....”10 The courts refined the statute
by interpreting what conditions and privileges
really meant.
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dress? Paula Coughlin felt she was harassed, but a
woman who witnessed the gauntlet said it was all
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severe or pervasive...” (italics mine). You will
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Proximity can breed friendship; it can even breed
love. How do you distinguish courting behavior
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harassment? (3): If it did, how injured was the
plaintiff?
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people can be harassed.
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Bertha needed this help when she sued the Ingram
Company for sexual harassment. According to her
she had quit this one and gone back home. The
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to the truthfulness of Bertha’s story unless there
“What things?”
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my mind. I don’t worry a lot, except now about my
finances. Usually I’m an optimist. I always think
“Oh, no. Dad can afford it, but like I said, I don’t
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was always in search of advancement and better
with success.
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and nausea. Apparently, when she tried to put it
out of her mind, it went to her body.
hit her car. While she was uninjured, the auto was
totaled. Ever the optimist, she decided to get a new
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Brad was married, the remarks were tolerable.
When he started pressing her for a date, she
matter.
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cornered and went numb. He took off her clothes
and when she didn’t resist, he had intercourse
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ashamed to tell him what the problem was. He
treated the symptoms; he gave her a minor
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sexual harassment case. There was the offensive
environment (unpleasant, but tolerated), and the
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advertise the experience.
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case, it helps. Since the courtroom is an arena of
persuasion, greater injuries may yield larger
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thanked him for the compliment. Shortly
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Charlotte, the only thing that happened after that
called a lawyer.
by a psychiatrist.
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avoidant traits—a tendency toward shyness and
low self-esteem. Personality disorders are also
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as before. He failed to spell out what the “transient
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In my opinion, Charlotte had the symptoms of
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actions. I explained all that to Charlotte’s lawyer.
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While there are good reasons for claiming
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and embarrassed. Does she really now want to
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quickly from sexual innuendoes to propositions.
An employee who hoped it would all go away if
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disorder. She had even made a suicide attempt
several months ago and was briefly hospitalized.
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I let her cry. When she regained a bit of her
mix.
it doesn’t exist.”
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defense—the “hypersensitive” plaintiff.22 I
explained that I could not say, to a reasonable
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made these conditions worse, he or she is liable
for the whole reaction.
other hand, maybe she won’t cave in, and the jury
will have more pity for what they see as ‘this poor
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Advice like this and testimony based on data
Notes
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4 Ibid., September 25,1992, p. Al
10 42 U.S.C. §2000e-2(a)(l)
14 Ibid.
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18 Charney DA and Russell RC: An overview of sexual
harassment. Amer. Journ. Psychiatry 151: 10-17,1994
22 Ibid.
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Chapter 11
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out of the car with his hands up, and he lay down
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shocked Mr. King twice with a stun gun and was in
a position to administer further shocks if
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Command: “Oh well, I’m sure the lizard didn’t
deserve it, ha, ha!”
Command: “Oh, not again ... Why for you do that? ... I
thought you agreed to chill out for awhile….”
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“aberrations.” However, in 1972, the city paid out
$533,000 in settlements of such cases. By 1990,
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were recruited and hired, the Los Angeles Police
Department, like most major departments across
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We must understand what psychologists mean
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agreement about what traits a good police officer
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We can see these factors in the Rodney King
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occur only on the police force. On a social occasion
gave up, because as the host said, “If you acted like
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some people who don’t deserve to be left behind.
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good candidates. Without the tests, they would
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county. By law, he had to be evaluated by the local
mental health center. The psychologist at the
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Robert had answered the questions in a “frank and
open manner.” There was no suggestion of undue
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specialized for the layperson, at least another
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“I told her I don’t like people asking about my
She said, ‘If that makes you mad, you must have
something to hide.’ I told her I love my dad; he’s a
good man. Then she said, ‘OK, it’s over.’ The whole
thing lasted about thirty minutes.” If the interview
lasted at least that long, there was more to it than
itself.
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wife when she cheated on him while he was
working in another city. He paid child support and
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the interview with the psychologist got off on the
unsuitable employees.
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psychiatric interview? In my opinion, there is, but
it is a limited one. We are on safest ground when
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safe was the company and Jack, himself, if he got
the position?
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doses were raised. Then the “psychiatric
problems” started. Jack reported some confusion
hospital.
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major depression, severe, was written on his
discharge summary.
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during a period when he couldn’t think too clearly
anyway. I could find no psychiatric reason Jack
helpful.
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supervised, and he was getting more irritable.
Then, he began to call in sick. Finally, he took
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asked about his difficulty, he started giving me a
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for conflict.
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The best medicine would be a job transfer to a
position which could utilize his knowledge and
position.
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into the needs of the person or organization that is
paying you. The freestanding forensic psychiatrist
management culture.
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unsatisfactory employee. It may be difficult for the
industrial psychiatrist to maintain objectivity.17
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sometimes it occurs when a worker threatens to
“offender”?
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However, strikebreaking by violence, including the
use of government troops, was common. The
collective bargaining.
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psychiatric condition which the company cannot
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For its part, the company maintained that the
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about safety within the plant, it could be just as
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destructive to the company in a town where they
an independent evaluation.
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My impression was quite different. Certainly
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was nothing bizarre or unusual about Carl’s
beliefs, and these beliefs were the fabric of the
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didn’t rise to the level of delusions.
other name...
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medical certainty. And in my opinion, we are on
safer grounds when we pose the question not in
stand.
Notes
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assessment. Newbury Park, Calif. Sage Publications,
1993, pp. 65-124
13 42 U.S.C. § 2000e-2(a)(l)
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St. Paul, Minn.: West Group, 1998, pp. 371-374
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Chapter 12
“Troublemakers”
One June morning in 1860, Mrs. Elizabeth
Packard1 saw her husband approach her bedroom
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her in the asylum in Jacksonville, some distance
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backed by the law, but “the interest of our beloved
pastor and the cause of the church required it as
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which she saw visions. After six weeks in the
hospital, she fully recovered. Three years later, at
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criticize Calvinist teaching. And (perhaps worst of
all), she asked to be dismissed from the
committed.
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we look at Mrs. Packard’s case, we must consider
her actions not in the light of today’s knowledge,
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Even today, people get “the call” to a religiously
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eventually he locked her in her room and boarded
up the windows. Somehow, she sneaked a note to
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incurably insane.
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hospital psychiatry in the nineteenth century.5 Not
bad for an “insane” woman.
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government dealt with political troublemakers
was to have them examined by psychiatrists who
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academic post, he formed a dissident group—“The
Group for the Struggle to Revive Leninism.” He
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political views were not. He demanded his pension
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evaluation at the Serbsky Institute. Once again,
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psychiatrically ill? Once again, we must look at his
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personality11 which was close to that described by
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just spouting the party line or did he actually
believe it?
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On the other hand, “Philistines” have achieved
hangmen?
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evaluation of people accused of committing
crimes. According to the law, the three
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development of the personality. Some dissenters
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poetry of the nineteenth century, it is in large part
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tale well researched and told by Torrey.16 He was
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anxiety, frustration, fatigue and claustrophobia.
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with a reasonably clear mind. As the judge told the
jury, Pound had to be mentally sound enough to be
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Of the four psychiatrists selected to examine
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diagnosis was that of a paranoid state. He found
personality.
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could not see Pound’s insanity. Their notes in the
records didn’t flatly contradict their
any diagnosis.
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Elizabeth’s. By 1958, the public’s mood had
quieted.22 People convicted of war crimes—such
as Tokyo Rose who broadcasted for Japan—were
hospital.
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by Pound’s attorney. His testimony did not
support the view of those who were paying him.
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junk scientist; he used (or misused) the best
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And they always are able to justify this fraud by
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where you could rent a room for $8.50 a week. The
building was across from the Lorraine Motel in
was not the man she saw. Charlie and Grace both
drank heavily and often argued. Grace thought
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admitting record indicated she had witnessed Dr.
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of her ten years later. An attorney called me and
asked if I would be willing to assist her group in a
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which never were returned, I gave up.
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reaction, we may have to call it a psychosis
anyway.”
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was cooperative and helpful to other patients. She
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superintendent.
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whereupon the same attorney who had visited her
in the hospital took her out to lunch and flew her
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complications in Memphis” were not acting in
Notes
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well documented in the public arena with the exception
of Grace Walden. I publish the material about her with
the permission of her guardian.
4 Ibid.
5 Ibid.
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of mental disorders II. Washington: American Psychiatric
Association, 1968, p. 42
16 Torrey EF: The roots of treason: Ezra Pound and the secret
of St. Elizabeth’s. New York: McGraw-Hill Book Co., 1984
21 Ibid., p. 204
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27 Szasz TS: Psychiatric justice. New York: The Macmillan Co.,
1965, pp. 264-272
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Chapter 13
Role Conflicts
Dr. Ruth Green didn’t want any part of a court
proceeding, much less having to testify at a
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“stabbing pain.” Despite medications, the back
was interrupted.
impairment.
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being an impartial witness.
www.freepsychotherapybooks.org 518
impaired. Dr. Green thought the depression “had
set in” and most likely was permanent. I felt that it
www.freepsychotherapybooks.org 519
According to her records, months after the start of
the psychiatric treatment, Dr. Green submitted a
of the patient.
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the patient’s attorney, the doctor submitted
another impairment rating. This time it was higher
www.freepsychotherapybooks.org 521
allegiance? She, herself, told us: Like every good
needs more.
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the treating psychiatrist is before the court, there
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of her patient. The problem was that as a witness,
possible.
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of treatment and testimony is not always possible.
After all, it was Sheila, through her attorney, who
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propensities.
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was not enough for me to tell the judge it was
premature to state the condition was permanent. I
means.
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been responding to hallucinations. At trial, he was
found not guilty by reason of insanity. I was not
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could see he’d made considerable progress in the
hospital. He was working in the hospital kitchen,
discharge.
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When I examined him, I could see no overt
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home. I could not recommend that Donald be
attorney.
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reevaluate Donald. His medicine dose had been
raised. Now, although he still studied the Bible, he
www.freepsychotherapybooks.org 532
medicine and a belief in God were compatible.
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The church was his family now.
www.freepsychotherapybooks.org 534
my role is carried out. Generally, this means that I
make sure the examinee knows the nature of the
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and me.” Often, he or she will think about that for a
www.freepsychotherapybooks.org 536
support his or her side of the case. The attorney to
will help the case and what will harm it. The
lawyer may decide not to put me on the stand.
conditions.
www.freepsychotherapybooks.org 537
depression. But I warned him that might or might
not be helpful to his case. While giving him an
www.freepsychotherapybooks.org 538
with the attorney about what might help and what
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person who hired us. There is always some desire
to get feedback that we have done a good job.
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influenced by my eye on my reputation. Let’s go
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member of society. I had an allegiance to society at
into my thinking.
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don’t feel that way. The way we understand
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“criminal” actions are prompted by sickness or
evidence available.
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based on the best specialized knowledge available.
disservice.
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happening in order to teach him or her a lesson!
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are doctors, trained to help people, not to
participate in their death. In my opinion, this is a
the offense despite the fact that this may put him
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patient.
become involved.”8
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long as the psychiatrist understands these forces
and chooses the court as the primary allegiance,
Notes
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9 Diamond BL: The fallacy of the impartial expert. Arch. Crim.
Psychodynamics 3: 221-226,1959
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Chapter 14
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stepchildren. And, of course, the record shows
only those cases where he was caught! Finally, he
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felt) that pedophiles “do not have a mental disease
or defect that renders them appropriate for
count.
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there forever, working the system and causing
occurs?
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psychiatric condition in the legal arena? It
depends who you ask.11
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other means, “such as punishment, deterrence,
and supervised release.”14 These people are not
mental hospitals.
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opportunity to do something presented itself and
the person did not do it, control is evident. But if
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person’s control. And generally, everyone agrees
www.freepsychotherapybooks.org 558
condition antisocial personality disorder. He was
accused of first-degree murder, and he pled that
their viewpoint.
www.freepsychotherapybooks.org 559
Association skirts this issue. The diagnostic
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But where does that leave the psychiatrist who
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inveterate liar, had no respect for the rights of
actions.
couldn’t be trusted.
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And Johnny knew the law. At the earliest possible
time, he filed a petition for discharge, claiming he
me to evaluate him.
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least illnesses that meet the commitment
standard. I maintained that if this person initially
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traits, but on the pedophilia. He was attempting to
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gotten out. But if he were committed to a hospital,
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exculpation from responsibility applies at all, it
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psychosocial) which can reliably predict
criminality.
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it rests on emotions.28 In the case of those who
break the law, the decision of what counts as
psychosocial factors.
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disorder will count as compensable illness.
www.freepsychotherapybooks.org 570
that during the examination, Adams asked him for
barbiturates. The prospects for rehabilitation
disability payments?
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that alcoholism is a medical disease, the real
reason Adams could not work was that he enjoys
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review, but I would like to have listened in when
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stating that the behavior must be pathological. It
box at work and broke her left arm in the fall. The
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proceed well until the pains started. These were
“burning pains” up and down the arm, sometimes
www.freepsychotherapybooks.org 575
The pain specialist concurred with the
psychiatrist.
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change much. Alice cried in the office, she
permanent.
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could proceed. She carefully placed her left arm in
her lap and wiped her eyes with the right. Then
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weight.
talk, but it was nice to have Jean just sit with her.
Jean also took her to her doctor appointments.
find out how she was, but she never called them. It
www.freepsychotherapybooks.org 579
and I must wait outside the courtroom until it is
our turn to testify. In that way, we won’t shape our
finished testifying.
www.freepsychotherapybooks.org 580
said she couldn’t concentrate, she did remember
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sympathy from others. For example, I asked why
she needed the other woman to support her when
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and her associates were doing with each other,
distinction.
www.freepsychotherapybooks.org 583
antisocial Johnny Blevins, we tend to follow the
general trend of the way the group of psychiatrists
dilemma.
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counting something as illness in a particular legal
Notes
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14 Ibid., p. 85
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27 Raine A et al.: Reduced prefrontal gray matter volume and
reduced autonomic activity in antisocial personality
disorders. Arch. Gen. Psychiatry 57: 119-127, 2000
www.freepsychotherapybooks.org 587
Chapter 15
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profession must still bear the stains of prostitutes,
junk scientists, ideologues and others who present
www.freepsychotherapybooks.org 589
injury, what caused it, and whether it is likely to
www.freepsychotherapybooks.org 590
psychoanalysis vs. behavior modification vs. a
www.freepsychotherapybooks.org 591
evaluated. Researchers are studying the efficacy of
www.freepsychotherapybooks.org 592
information where it is needed? Should we throw
their limitations.
www.freepsychotherapybooks.org 593
confronted by teaching psy- chiatrists-in-training
to distinguish between good research and poor,
information.
www.freepsychotherapybooks.org 594
testimony, as described in Chapter 2. However, we
www.freepsychotherapybooks.org 595
more and more psychiatrists opting for the more
www.freepsychotherapybooks.org 596
Peer review is an educational experience which
presented in court.
www.freepsychotherapybooks.org 597
relevant to the particular type of case, such as
www.freepsychotherapybooks.org 598
the case came to trial, in which case the
www.freepsychotherapybooks.org 599
describing womens reactions to sexual
www.freepsychotherapybooks.org 600
Psychiatric Association has developed a resource
document outlining guidelines which a peer
skills as witnesses.
www.freepsychotherapybooks.org 601
While we can expect continued progress in the
www.freepsychotherapybooks.org 602
Stone has also expressed concern that the
of our opinions.
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No, the saving grace of the adversary system is
unintended consequences.
Notes
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5 Weiner: Ethical issues
7 Ibid.
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Bibliography
Adams v. Matthews 407 F. Supp. 729-732 (1975)
www.freepsychotherapybooks.org 606
American Psychiatric Association Resource Document
on Peer Review of Expert Testimony.
Washington: American Psychiatric Association
(unpublished document), 1996 American
Psychiatric Association: Statement on
employment-related psychiatric examinations.
Amer. Journ. Psychiatry 142: 416,1985
www.freepsychotherapybooks.org 607
Beaver RJ: Custody quagmire: Some psychological
dilemmas. Journ. Psychiatry and Law 10: 309-
326,1982
www.freepsychotherapybooks.org 608
Amer. Journ. Clinical Hypnosis 37, #3: 1-24, 1995
www.freepsychotherapybooks.org 609
Bushman v. Hahn, 748 F.2d 651, 659-660 (1986)
www.freepsychotherapybooks.org 610
17,1994
www.freepsychotherapybooks.org 611
Law Rev. 50: 189-262,1962
www.freepsychotherapybooks.org 612
Fed. Rules of Evidence: 28 USCA Rule 702
42 U.S.C. §2000e-2(a)(1)
www.freepsychotherapybooks.org 613
159: 2263-2270,1999
www.freepsychotherapybooks.org 614
Washington: American Psychiatric Press, Inc.,
1998
www.freepsychotherapybooks.org 615
abuse mortality in the United States. Journ. Amer.
Med. Assoc. 282: 463-467,1999
www.freepsychotherapybooks.org 616
Kansas v. Hendricks 521 U.S. 346, 355, 384 (1997)
www.freepsychotherapybooks.org 617
in custody disputes. Journ. Clin. Psychology 48:
564-573,1992
www.freepsychotherapybooks.org 618
Lydiard RB and Gelenberg AJ: Amoxapine—an
antidepressant with some neuroleptic
properties? Pharmacotherapy 1: 163-178,1981
www.freepsychotherapybooks.org 619
pharmacology of schizophrenia. Acta Psychiat.
Scand. Supp. 384: 95-101,1995
www.freepsychotherapybooks.org 620
abusers: Psychological considerations. Criminal
Justice and Behavior 19: 24-37,1992
www.freepsychotherapybooks.org 621
Perritt HH: Employment dismissal: Law and practice
(4th ed.) (vol. 1). New York: John Wiley and Sons,
1998
www.freepsychotherapybooks.org 622
§461,1965
www.freepsychotherapybooks.org 623
child interaction. (In) Heifer RE and Kempe CH
(eds.): 393-407. Child abuse and neglect.
Cambridge, Mass.: Ballinger Publishing Co., 1976
www.freepsychotherapybooks.org 624
Slovenko R: Psychiatry and criminal culpability. New
York: John Wiley and Sons, 1995.
www.freepsychotherapybooks.org 625
the social uses of mental health practices. New
York: The Macmillan Co., 1963
www.freepsychotherapybooks.org 626
20 CFR §404, Subpart P Appendix 12.09 (1998)
www.freepsychotherapybooks.org 627
schizophrenia. Journ. Nerv. Mental Dis. 759:12-
19,1974
www.freepsychotherapybooks.org 628