Forensic Assessment in Civil Cases Flashcards
Potential Areas of Expert Testimony in Civil cases:
- Ps__ damages to ci__ pl__.
- Wo__’s co__ claims
- Assessment of ci__ co__
- Psychological au__
- Child cu__ and parental fi__
- Civil co__ and ri__ assessment
psychological, civil plaintiffs
worker’s compensation
civil competence
autopsy
custody, fitness
commitment, risk
The Judge As the Ga__:
-Keeping Ju__ Science out of the co__!
Daubert v Merril (1993)
-plaintiffs’ proffered evidence had not yet been accepted as a reliable technique by scientists who had had an opportunity to scrutinize and verify the methods used by those scientists
Kumho Tire Co. v Carmichael (1999)
~Extends to observation/technical knowledge
Unfortunately, the ability of the ju__ to pe__ this function is often in do__.
gatekeeper
junk, courtroom
judge, perform, doubt
Problems to Ps__ or Ps__ opinion/evidence:
Sc__ foundation of evidence might be we__.
Te__ may be of limited re__.
Ex__ often allowed to advance “ul__” opinions when ju__ should be allowed to come to that de__.
Ex__ testimony can open the door to he__ evidence (which is not typically otherwise al__)
psychological, psychiatric
scientific, weak
testimony, relevance
experts, ultimate, juries, decision
expert, hearsay, allowed.
Problems to Ps__ or Ps__ opinion/evidence:
Ad__ system can bias pr__ or compromise ob__.
Expert testimony is ex__. Creates an un__ playing field.
Te__ presented evidence is often in__ (attorney do cr__ examination).
The spectacle of di__ casts do__ on the “sc__ of psychology/psychiatry)
psychological, psychiatric
adversarial, presentation, objectivity
expensive, uneven
testing, inadequate, attorney, cross
disagreement, doubt, science
Problems to Ps__ or Ps__ opinion/evidence:
In short, The Five “I”s Ig\_\_ Ir\_\_ In\_\_ In\_\_ In\_\_
psychological, psychiatric
ignorance irrelevance intrusion insufficiency incredibility
Potential Remedies to Problems with Psychological or Psychiatric opinion/evidence:
Allow cl__ opinion testimony only if it satisfies st__ (Da__/Ku__)
Ban the reference of witness as “ex__” witnesses. Rather than expert testimony, “op__” testimony.
Limiting nu__ of experts that can testify.
Eliminate bias by employing non-”bo__” witnesses.
Better jury in__.
clinical, standards, daubert/kumho
expert, opinion
number
bought
instructions
Assessing Psychological Damages:
- Pe__/so__ history
- Cl__ interview
- Fo__ measures (ps__ tests)
No es__ procedure
Plaintiffs may ex__ or fa__
Co__ plaintiffs on MMPI F scale performed __ than non-coached (Storm & Graham, 2000)
personal/social
clinical
forensic
psychological
established
exaggerate, fabricate
coached, better
Wo__’s Compensation Cases:
Basis for claims:
Ph__ – Me__:
Loss of ar_ causes pa__ which leads to de__.
Me__ – Me__:
Ev__ causes ps__ trauma that pe__: Ro__ leading to P_ _ _.
Me__ – Ph__: work related st__ causes high bl__ pr__.
worker’s
physical, mental
arm, pain, depression
mental, mental
event, psychological, persists,
robbery, PTSD
mental, physical
stress, blood pressure
Psychological Au__:
Re__
Was it a su__, mu__, or ac__?
Often in\_\_ company motivated. -Paying death be\_\_. ~Su\_\_? ~Wo\_\_ comp? ~Legitimacy of a wi\_\_
Interviews with th__ parties and prior re__.
Not very re__!
autopsies
retrospective
suicide, murder, accident
insurance benefits suicide workers will
third, records
reliable
Child Cu__:
“Future Best In__ of the Ch__”
- Em__ stakes extremely high.
- Need to ev__ many pe__; not all co__.
-Need to render a valuable ex__ op__.
~In__ situation
~Knowledge of child de__
-Highly ad__; experts need to expect significant ch__/at__
custody
interests, child
emotional
evaluate, people, cooperate
expert opinion
individual
development
adversarial, challenges/attacks
Civil Co__:
Basic question: does someone have capacity to un__ info, make informed ch__?
- Fi__ affairs.
- Me__ or ps__ treatment.
- Execute a wi__ and decide how to distribute pr__.
- Advance decisions about me__ care/life pr__ treatments (Ad__ Directives)
competence
understand, choices
financial
medical, psychiatric
will, property
medical, prolonging
advanced
Assessment of Co__:
Psychologists must determine 4 criteria:
Can individual un__ basic in__ relevant to de__?
Can individual ap__ info to the si__ & predict co__ of various ch__?
Can individual use lo__ thinking to evaluate pr__ & co__ of various de__ options?
Can individual co__ decision or choice to ot__?
competence
understand, information, decision
apply, situation, consequences, choices
logical, pros, cons, decision
communicate, others
Assessment of Competence:
Most frequent when individual refuses me__/ ps__ treatment.
Research: “unpacking” a tr__ choice might increase co__.
~No_-le__ resolution to the co__.
If that doesn’t work, cl__ must administer tests, etc. to determine co__.
medical/psychological
treatment, compliance
non-legal, conflict
clinician, competence
Civil co__ laws:
authorize cu__ & re__ of persons who, as a result of me__ illness, are da__ to themselves or others
O’Connor v. Donaldson (1975):
-can’t be in__ committed just for being me__ ill
~Must be da__ as well
commitment
custody, restraint, mental, danger
involuntarily, mentally
dangerous
Civil Commitment/Risk Assessment:
4 types of commitment procedures:
- Em__: Without a co__ order (lasts - days)
- How mo__ cases start
- Procedures similar to an ar__. - Vo__ commitment (may lead to #_)
- Co__-ordered in__ commitment.
- Court he__ to determine if individual is da__ or too di__ to care for him/herself
- Biggest determinant of commitment: gr__ di__ - Ou__ commitment
Ordered after a ho__ stay
emergency, court, 2-3
most
arrest
voluntary, 3
court, involuntary
hearing, dangerous, disabled
grave disability
outpatient
hospital
