scholarly journals A Historical Overview of the Mental Health Expert in England Until the Nineteenth Century

Fundamina ◽  
2021 ◽  
Vol 2021 (1) ◽  
pp. 1-32
Author(s):  
Chazanne Grobler
Keyword(s):  
Mental Health ◽  
Nineteenth Century ◽  
South African ◽  
Mental Health Professionals ◽  
Legal System ◽  
Health Professionals ◽  
Expert Witness ◽  
Current Position ◽  
Health Expert ◽  
Mental Health Expert

Throughout history, the use of mental health professionals as expert witnesses has elicited criticism. The criticism stemmed from the alleged lack of scientific rigour in mental health sciences and the accompanying bias of expert witnesses. As the use of mental health professionals in court increased, so did the associated problems, with bias remaining at the forefront. The same challenges plague the South African courts today and despite various evidentiary and procedural rules2 aimed at addressing the problems, these have not achieved much success. The contribution traces the origins of the expert witness, in particular the mental health expert, in the English legal system until the nineteenth century. By examining the shift in the position of the expert witness from a neutral informant in the eighteenth century to a partisan witness in the nineteenth century, a parallel is drawn between the historical position in England and the current position in South Africa. Drawing on the past failures and successes of the English legal system in this regard, and briefly considering the current position in England, recommendations are made to address the problem of partisan mental health experts within the South African context.

Mental Health Expert Testimony: Current Problems

1977 ◽  
Vol 5 (2) ◽  
pp. 201-227 ◽  
Author(s):  
Norman G. Poythress
Keyword(s):  
Mental Health ◽  
Present State ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Expert Testimony ◽  
Legal Profession ◽  
Health Professions ◽  
Health Expert ◽  
Mental Health Expert ◽  
State Of Affairs

In spite of the increasing utilization of mental health professionals as expert witnesses in the courts, neither the mental health professions nor the legal profession finds the present state of affairs concerning expert testimony to be satisfactory. This paper extensively reviews the literature which points to problems with both the mental health and the legal personnel who play major roles in mental health litigation. Also reviewed are the various proposals for change that have been suggested to date.

The Role of the Mental Health Expert Witness in Family Law Disputes

1983 ◽  
Vol 28 (4) ◽  
pp. 255-258 ◽  
Author(s):  
Saul V. Levine
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Expert Witness ◽  
Family Court ◽  
Amicus Curiae ◽  
Professional Characteristics ◽  
Health Expert ◽  
Adversary System ◽  
Mental Health Expert

Mental health professionals are frequently called upon to appear in Family Court as Expert Witnesses in order to help the judge make difficult decisions in disputed cases, involving issues like custody, access and abuse. The adversary system often serves to intimidate or to antagonize the expert witness, or to render his / her judgement as suspect and even invalid. An approach is suggested in which the expert is designated as an “amicus curiae” (impartial friend of the court), rather than as a “hired gun” by one of the disputants. Even with this procedure, however, the expert witness must possess specific personal and professional characteristics which lend credibility to his/her testimony. The work is difficult, and requires considerable knowledge and skill; the responsibilities are heavy, but the opportunity to do exciting and vital work on behalf of children and families make it more than worthwhile.

Collaborating with Legal Professionals

2017 ◽  
pp. 384-394
Author(s):  
Eric G. Mart
Keyword(s):  
Mental Health ◽  
Mental Health Services ◽  
Health Services ◽  
Mental Health Professionals ◽  
Legal System ◽  
Health Professionals ◽  
Legal Professionals

This chapter provides information designed to assist mental health professionals in effectively marketing their services to courts, attorneys, and the legal system in general. Suggestions are offered to help mental health professionals decide whether they will be comfortable working in an adversarial environment. Methods for developing the skillsets necessary for performing forensic consultations in a competent, ethical manner are provided. Information regarding how to effectively market mental health services to legal professionals are reviewed. Various areas of subspecialty practice are described.

scholarly journals Editorial: political abuse of psychiatry in authoritarian systems

2013 ◽  
Vol 30 (2) ◽  
pp. 97-102
Author(s):  
J. P. Tobin
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Legal System ◽  
Health Professionals ◽  
Political System ◽  
Legal Rights ◽  
The Political ◽  
Diagnostic Categories ◽  
The Past ◽  
The Individual

We are painfully aware: Psychiatry in some states of the international community is often used to subvert the political and legal guarantees of the freedom of the individual and to violate seriously his human and legal rights (Daes,1986).ObjectiveIt can be politically convenient to incarcerate political opponents in a psychiatric hospital. It saves any potential political embarrassment that a judicial trial may present. It also undermines the credibility of opponents by labelling them with the stigma of being mentally insane. For this to occur, there has to be the acquiescence of mental health professionals and a subservient legal system.MethodThis article examines the abuse of psychiatry in two authoritarian systems, Russia and China.ResultNew diagnostic categories such as sluggish schizophrenia were created to facilitate the silencing of dissenters and were a source of self-deception for psychiatrist to placate their consciences as they operated as a tool of oppression on behalf of a political system.ConclusionIf we do not know the past, we will be condemned to repeat it.

scholarly journals THE CHALLENGES OF SCHOOL-BASED YOUTH SUICIDE PREVENTION: EXPERIENCES AND PERCEPTIONS OF MENTAL HEALTH PROFESSIONALS IN SOUTH AFRICAN SCHOOLS

2015 ◽  
Vol 27 (1) ◽  
pp. 20-44
Author(s):  
Maryke Woolf ◽  
Jason Bantjes ◽  
Ashraf Kagee
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Health Care ◽  
South African ◽  
Suicide Prevention ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Health Care Professionals ◽  
Suicidal Behaviour ◽  
School Based

Youth suicidal behaviour poses a significant public health concern. Mental health care professionals working in schools have an important role to play in youth suicide prevention initiatives, although little is known of the experiences of this group of professionals in low and middle income countries (LMIC’s). The aim of this study was to explore the experiences of mental health professionals working in South African schools and to document their insights, attitudes and beliefs regarding youth suicidal behaviour. In-depth semi-structured interviews were conducted with seven school-based mental health care professionals and data were analysed using Thematic Analysis. Participants reported that they relied on a reactive strategy by responding to youths who were in crisis. They were challenged by a lack of support from faculty staff, a lack of access to resources, and heavy caseloads. Findings highlight the need for a proactive and collaborative approach to suicide prevention among mental health care professionals, teachers and parents in South African schools and improved training and supervision.

scholarly journals Psychiatric assessment and diversion schemes: problems associated with brief court reports

1998 ◽  
Vol 22 (5) ◽  
pp. 303-305
Author(s):  
Clare Chambers ◽  
Jane Gill
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Mental Health Professionals ◽  
Legal System ◽  
Health Professionals ◽  
Justice System ◽  
Specific Training ◽  
Psychiatric Assessment

Mental health professionals are becoming increasingly involved with the criminal justice system through their work in psychiatric assessment and diversion schemes. Preparation of reports for the courts requires knowledge of the legal system. Those preparing such reports need specific training for this work.

scholarly journals Employee Wellness Pilot Program

2020 ◽  
pp. 216507992097652
Author(s):  
Michelle L. Van Kirk
Keyword(s):  
Mental Health ◽  
Compassion Fatigue ◽  
Mental Health Professionals ◽  
Traumatic Stress ◽  
Health Professionals ◽  
Secondary Traumatic Stress ◽  
Intent To Leave ◽  
Intent To Stay ◽  
Employee Wellness ◽  
Current Position

Background Mental health professionals caring for the veteran population are at increased risk for compassion fatigue, burnout, and secondary traumatic stress based on the nature of their work. While mental health professionals may experience positive outcomes from providing compassionate care to veterans, compassion fatigue can lead to instability of the workforce. Methods A pilot employee wellness program was implemented over a 9-week period, offering a different wellness module weekly during the employee lunch hour. Demographic data were collected pre-program, and mental health employees were surveyed pre- and post-program using an intent to stay scale and the Professional Quality of Life Scale version 5 (ProQOL-5) to measure compassion satisfaction, burn out, and secondary traumatic stress. Findings Pre-program participants ( N = 42) reported significant differences in intent to stay in their current position for the next year compared to the post-program group ( N = 15). Pre-program participants reported no intent to leave their current position, apply for internal or external positions, or retire in the following year. However, post-program participants reported intent to leave their current positions, apply to internal or external positions, or retire. Pre- and post-program compassion satisfaction scores increased and burnout and secondary traumatic stress scores decreased; these scores were not significantly different between groups. Conclusions/Application to Practice While no significant differences were found between ProQOL-5 subscale scores, the change in participants’ scores may indicate some change, potentially as a result of the intervention. This pilot program offered a creative solution to organizations with limited resources to combat occupation-related compassion fatigue.

Intimate partner violence: gender issues and the adjudication of homicide and other cases

2018 ◽  
Vol 4 (4) ◽  
pp. 226-237 ◽  
Author(s):  
John Hamel
Keyword(s):  
Mental Health ◽  
Domestic Violence ◽  
Intimate Partner Violence ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Partner Violence ◽  
Expert Witness ◽  
Intimate Partner ◽  
Content Type ◽  
And Gender

Purpose The purpose of this paper is to explore the role of gender in intimate partner violence (IPV) and, based upon the author’s experience as an expert witness, 25 years of clinical experience working with IPV perpetrators and victims, and a review of the relevant scholarly literature, provide judges, attorneys, mental health professionals and expert court witness suggestions for the adjudication of cases involving IPV in homicide and other cases. Design/methodology/approach The author reviewed the extant general domestic violence research literature, depending largely on results from findings from the Partner Abuse State of Knowledge Project, a series of 17 literature review published in five issues of the peer-reviewed journal, Partner Ause. Other relevant research articles were found via a search of the PschInfo database, using the keywords “intimate partner homicides,” “domestic violence homicides,” “intimate partner homicides and gender” and “domestic violence homicides and gender.” Findings The judicial response to IPV perpetration has been limited by common misconceptions, among them the confusion between most forms of IPV, which are primarily bi-directional and less consequential and battering, which involves more serious assaults and is typically motivated out of a desire to dominate and control one’s partner. Another misconception is that women are much more likely than men to perpetrate IPV in self-defense or to express emotion. On the other hand, there is no question that female victims are much more likely to experience severe physical injuries, and that women account for approximately three-quarters of homicide victims. Practical implications These include the following: this concise review of IPV research provides a clearer understanding of IPV, useful for anyone working in the field. Mental health professionals working with IPV perpetrators, as well as victims, can draw from this research best practice suggestions in working with more problematic cases. The paper should be especially useful to anyone involved in the adjudication of IPV cases, including lethal cases. In particular, prosecutors and attorneys working for the defense are given suggestions on how to obtain more reliable research data, choose more fruitful questions for their clients, and better conceptualize a case overall. Originality/value This paper presents a more nuanced and evidence-based conceptualization of serious and lethal IPV, drawing on a broad research base not generally available to members of the legal profession.

The mental health expert witness

1982 ◽  
Vol 1982 (16) ◽  
pp. 77-83
Author(s):  
Seymour Pollack ◽  
Bruce H. Gross ◽  
Linda E. Weinberger
Keyword(s):  
Mental Health ◽  
Expert Witness ◽  
Health Expert ◽  
Mental Health Expert
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