ISSN:0735-3936    

DOI:10.1002/bsl.2370030201

出版商:John Wiley&Sons, Ltd.    

年代:1985

数据来源: WILEY

摘要:

AbstractAlthough judges and legislators increasingly provide compensation for claims of emotional injury, laws have evolved in an arbitrary and inflexible fashion. A number of judicial barriers to these claims have been developed and applied in ways that unfairly prevent compensation. Likewise, frivolous claims are occasionally granted. Judicial and legislative approaches to this problem should involve enough flexibility to accommodate the facts peculiar to each case. A flexible approach is also responsive to the rapid developments that are occurring in the behavioral and medical sciences which are often consulted in solving disputes involving claims for emotional distress.

ISSN:0735-3936    

DOI:10.1002/bsl.2370030202

出版商:John Wiley&Sons, Ltd.    

年代:1985

数据来源: WILEY

摘要:

AbstractConceptual and procedural aspects of the forensic practitioner's role in personal injury litigation are identified relative to the provision of evaluative, consultative, and court‐related services. A model is presented for comprehensive clinical and psychodiagnostic assessment consistent with concepts of legal relevance and probative value. The model facilitates rendering psycholegal formulations and opinions regarding compensatory damages when retained to examine mental and emotional elements entered as causes of action in tort.The differential contribution of state and trait level conditions, and of proximate, pre‐existing, and coexisting factors to the causal nexus of impairment is considered in this context toward establishing preincident baseline functioning and making pre‐post comparisons. Approaches toward delineating the range and severity of impairments that are related to the instant event, and separating these from nonproximate factors and from the dynamics of primary and secondary gain, are consi

ISSN:0735-3936    

DOI:10.1002/bsl.2370030203

出版商:John Wiley&Sons, Ltd.    

年代:1985

数据来源: WILEY

摘要:

AbstractNeuropsychological evaluation offers unique potentials in the assessment of personal injury claims. Strengths and limitations of major approaches to testing are reviewed, and special attention is given to applications in the particular forensic areas of head injury, toxic environments, physical disease, and malpractice. The varieties of cognitive, emotional, and interpersonal damages which may occur with brain injury are described. Suggestions are provided for forensically appropriate neuropsychological assessment, as well as guidelines offered for discerning inappropriate practices. Issues of neurological malingering, credentialing of the expert, and forensic roles of the neuropsychologist in rehabilitation are discussed.

ISSN:0735-3936    

DOI:10.1002/bsl.2370030204

出版商:John Wiley&Sons, Ltd.    

年代:1985

数据来源: WILEY

摘要:

AbstractThe recognition and development of an independent cause of action with respect to the intentional infliction of emotional distress is discussed. The current state of the law is also presented. In the majority of jurisdictions, an individual can recover for severe emotional distress resulting from extreme and outrageous conduct on the part of the actor.

ISSN:0735-3936    

DOI:10.1002/bsl.2370030205

出版商:John Wiley&Sons, Ltd.    

年代:1985

数据来源: WILEY

摘要:

AbstractWhen a decision making analysis is applied to key decisions within the criminal justice system, e.g., bail, sentencing, and plea bargaining, a wide range of evidence suggests that the decision makers believe they follow policies other than those that actually guide their decisions; that the policies that are followed are often simple ones, involving only a few decision factors; and that the decision outcomes are often assigned to defendants in a reasonable manner but that, even so, the outcomes are often ineffective. Because many proposals for the reform of the criminal justice system are based on the testimony of decision makers and “experts” whose knowledge of the system is often flawed, it is unlikely that reforms will have a beneficial impact on criminal behavior until much more is known about the day‐to‐day decisions of judges, prosecutors, and probation o

ISSN:0735-3936    

DOI:10.1002/bsl.2370030206

出版商:John Wiley&Sons, Ltd.    

年代:1985

数据来源: WILEY

摘要:

AbstractThe duty of therapists to protect third parties has gained national attention following the analyses of the California Supreme Court inTarasoffv.Regents of the University of Californiain 1974 and in 1976. The assassination attempt by John Hinckley, Jr., has spawned yet another “duty to protect” case (Hopperv.Brady). Utilizing the issues involved inHopper, this paper discusses the psychotherapists' duty to protect from harm the patients' potential victims. Following an analysis ofHopper, Tarasoffis extensively reviewed. The evolution ofTarasoffwithin California and other jurisdictions is traced. Finally, an appraisal of the current status of the therapists' duty to protect as applied toHopperand future cases is presen

ISSN:0735-3936    

DOI:10.1002/bsl.2370030207

出版商:John Wiley&Sons, Ltd.    

年代:1985

数据来源: WILEY

摘要:

AbstractPsychiatric inpatients in special units designed for the treatment/management of violence (secure care) are compared with inpatients in three forensic programs. Although program designers anticipated that secure care and forensic patients would be similar, they were not. Principally, secure care patients were lower functioning in the psychiatric areas and were more likely to have engaged in a physical assault in the last 30 days.

ISSN:0735-3936    

DOI:10.1002/bsl.2370030208

出版商:John Wiley&Sons, Ltd.    

年代:1985

数据来源: WILEY