Practical Approaches to Forensic Mental Health Testimony
| DOI | https://doi.org/10.1108/JMHTEP-01-2020-069 |
| Pages | 43-44 |
| Published date | 17 December 2019 |
| Date | 17 December 2019 |
| Author | Owen P. O’Sullivan,Jaleel Mohammed |
| Subject Matter | Health & social care,Mental health,Mental health education |
Edited by Thomas G. Gutheil and
Frank D. Dattilio
Lippincott Williams& Wilkins
Philadelphia, PA
2007
176pp.
£34.25
ISBN: 978-07817 72136
Keyword Forensic mental health testimony
Review DOI
10.1108/JMHTEP-01-2020-069
For higher forensic psychiatric and
psychology trainees seeking to develop their
understanding and skills in relation to the
role of an expert witness, there is certainly
no replacement for first-hand training under
an experienced supervisor. This experience
and exposure, however, can be hard to
come by and may not be available in every
training post. Equally, some may wish to
begin working in this capacity later in their
career when such opportunities are less
available. For psychiatric trainees who do
not necessarily have ambitions to work as
expert witnesses, the need remains for a
similar skill-set when giving evidence in
mental health tribunals, for example. In
terms of meeting training needs, there are a
multitude of courses, certifications and
textbooks on offer to those new to the
subject. These are of greatly varying cost.
Unquestionably, it can be difficult to know
where to start.
Practical Approaches to Forensic Mental
Health Testimony offers a practical hands-on
guide to testifying in court on mental health
issues. The authors are affiliated with the
Harvard Medical School department of
psychiatry where Dr Thomas G. Gutheil is
Professor. Dr Frank M. Dattilio is a
distinguished Psychologist also affiliated with
the University of Pennsylvania Perelman
School of Medicine. Both describe extensive
experience as expert witnesses and have
published widely. In 2011, both subsequently
co-authored the Handbook of Forensic
Assessment: Psychological and Psychiatric
Perspectives (Drogin et al., 2011).
This book is divided into four sections and
goes far beyond giving evidence and
cross-examination skills. The first section
covers core issues regarding the expert
witness role. Preparation, presentation, bias
and cross-examination are considered. The
second section addresses limits on expert
function. There are chapters dedicated to the
limits on testimony and internal psychological
obstacles to objectivity such as, “the will to
win”and “exhibitionism”. There is a chapter
dedicated to late withdrawal from a case,
which examines various potential factors and
suggests alternative modes of resolution.
A section addresses the complexities
fundamental to the attorney-expert
relationship. Advice is offered on potential
pitfalls of medico-legal alliances and an
analysis of the unethical practice of attorney
coaching in its likely forms. Finally, the authors
tackle several sensitive problems unique to
the role. These include reflections on testifying
about colleagues, harassment, boundary
issues and countertransference.
The book’s most obvious strength is the
breadth of issues it covers while remaining
cogent. There are also many examples
throughout suggesting how best to manage
some of the practical sides of the expert
witness role such as billing, travel and
administration. Regarding cross-examination,
it uses clear illustrative examples to especially
good effect to support each point of advice.
These are typically in the form of a likely
dialogue between an expert and a lawyer.
Written for a US audience, there are little in the
way of legal digressions such as to render it
dense and impenetrable to psychiatrists
practicing elsewhere.
Of note, the attention and consideration
afforded to psychodynamic factors impacting
on these various practical aspects of the role
was particularly thoughtful. Furthermore, it
managed to highlight these without sacrificing
its clarity by overburdening the reader.
Introductory courses and supervision are
unlikely to provide such a comprehensive
collection of helpful examples and address
Practical Approaches
to Forensic Mental
Health Testimony
VOL. 15 NO. 1 2020, pp.43-44, © Emerald Publishing Limited, ISSN 1755-6228
j
THE JOURNAL OF MENTALHEALTH TRAINING, EDUCATION AND PRACTICE
j
PAGE43
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