Civil Forensic Psychology
The judicial system operates on the premise that those who have committed a wrong should be punished. his holds true in both the civil and the criminal justice systems. Whereas the criminal justice system may punish those found guilty of a crime by depriving them of freedom, those found responsible for committing a wrong from which a damage resulted may be punished by having to pay a monetary award to the injured party. In a civil case of child custody, the parent deemed more likely to fulfill the best interests and needs of the child is awarded custody, and the other parent may be permitted only limited or supervised visitation or no contact at all. In this section, a range of topics related to forensic assessments in the civil arena is considered. Each specialized area of practice requires knowledge of the relevant statutes and case law, familiarity with the professional literature, and an awareness of the forensic assessment methodology available to address the specific type of civil psycho legal issue in question. Authors consider child custody assessments, personal injury evaluations related to both childhood trauma and breach of duty, and discrimination evaluations based on claims of harassment, sexual harassment, hostile work environment, retaliation, physical and emotional disability, learning disability, and substance abuse. In addition, substituted judgments involving such matters as living wills, health care surrogacies, and right to refuse treatment are discussed. For each civil issue, statutes, case law, ethical considerations, and assessment methodology are reviewed.
The judicial system operates on the premise that those who have committed a wrong should be punished. his holds true in both the civil and the criminal justice systems. Whereas the criminal justice system may punish those found guilty of a crime by depriving them of freedom, those found responsible for committing a wrong from which a damage resulted may be punished by having to pay a monetary award to the injured party. In a civil case of child custody, the parent deemed more likely to fulfill the best interests and needs of the child is awarded custody, and the other parent may be permitted only limited or supervised visitation or no contact at all. In this section, a range of topics related to forensic assessments in the civil arena is considered. Each specialized area of practice requires knowledge of the relevant statutes and case law, familiarity with the professional literature, and an awareness of the forensic assessment methodology available to address the specific type of civil psycho legal issue in question. Authors consider child custody assessments, personal injury evaluations related to both childhood trauma and breach of duty, and discrimination evaluations based on claims of harassment, sexual harassment, hostile work environment, retaliation, physical and emotional disability, learning disability, and substance abuse. In addition, substituted judgments involving such matters as living wills, health care surrogacies, and right to refuse treatment are discussed. For each civil issue, statutes, case law, ethical considerations, and assessment methodology are reviewed.
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