In this second edition, Rogers
includes revised standards, clinical methods and standards, and draws upon the
legal expertise of Shuman. In brief,
the textbook is a comprehensive and thoughtful overview of the various
substantive in forensic criminal law. 
Coverage of the interrelated clinical and legal issues, with particular
focus on practical considerations, is one of the major strengths of the
textbook.

The authors focus primarily on the
issue of not guilty by reason of insanity (NGRI), noting that criminal insanity
includes various nuances and standards. 
Chapter 4, Addressing the Legal Standards, includes a well-articulated
“step-by-step translation of legal standards … into their integral
[psychologically-relevant] parts”. The
authors conclude that no single legal standard exists, however, their explanations
of the M’Naghten standard, M’Naghten-Irresistible Impulse, American Legal
Institute (ALI) standard, Insanity Defense Reform Act (IDRA), and Guilty But
Mentally Ill Standard, impart the appropriate legal and psychologically
relevant information.

The textbook’s coverage of specific
issues within major categorical themes is well done. For example, the issue of the Daubert
evidentiary standard (the United States Supreme Court determining the
evidentiary threshold that must be met for admissible scientific evidence) is
adequately covered. Throughout the
relevant sections in both Part I: Clinical and Legal Issues, and Part II:
Clinical Methods, the authors highlight the pitfalls, implications, and
indicators of different interpretations of the Daubert standard – thus lending
more credence to their extensive array of clinical testing methodologies,
practice points, and evidentiary standards.

The breath of legal cases,
secondary legal references, and practice points would be an especially resource
for an attorney representing, or contemplating the representation, of a
client/defendant who might be criminally insane. One example of practical information is, when assessing
malingering and deception, attorneys’ “general questions to ask the forensic
expert might include, please define for the court what is meant by rare
symptoms, what are specific examples…” (p. 95). The practical suggestions and strategies found in Part I:
Clinical and Legal Issues are helpful and would be appreciated by legal
professionals both in preparing for effective client representation, as well as
during the cross-examination or investigation of the forensic witness. 

Equally balanced is the detailed
orientation to assessing and determining the defendant’s creditability and
culpability. The textbook critically
analyzes the various types of psychological testing, structured approaches,
laboratory and diagnostic methods to develop the most accurate and
comprehensive diagnosis determining criminal insanity.

Within each chapter in Part II: Clinical Methods, the
authors provide an overview of the strategy or method, a comparison to existing
method, and reliability/variability data based on existing literature. For instance, when analyzing the Rogers
Criminal Responsibility Assessment Scales (p. 230), the overview discusses the
test/study methodology, and then systematically reports on the test-retest
reliability, validity (structural and external), as well as incidence for
generalizability, so as to inform the reader of the relevant benefits and
associated implications.

On the whole, this textbook is a
useful reference for attorneys, psychiatrists, psychologists, and other mental
health professionals who work with, or consult, patients with forensic
psychology issues.   

©
2003 Kari Karsjens

Kari Karsjens is a licensed
attorney in Illinois. She has
experience with managed care contracts and other health law transactional
matters. She currently works as a
research associate with the Institute for Ethics at the American Medical
Association, specializing in health insurance coverage issues and academic
research and training in professional ethics. 

Categories: Ethics, General