U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Mental Health Professional and the Legal System

NCJ Number
128267
Date Published
1991
Length
204 pages
Annotation
The role of the mental health therapist in relation to the law is distinguished from that of the mental health expert who is retained specifically to assist with a particular legal issue.
Abstract
In the classical therapeutic role, the mental health therapist is the patient's or client's agent. In the expert consultant role, the mental health professional may be the agent of either the attorney or the court. The mental health professional can function in many different ways in relation to the legal system: as a therapist, evaluator, expert witness, and attorney or court consultant. In the legal arena, questions are constructed in specific legal language, and the mental health professional must attempt to communicate in the same language, translating scientific knowledge and terminology to the rubric of the legal profession. Part one of the book provides a basic understanding of legal language and ways in which legal and mental health systems interact. Part two describes roles and responsibilities of the therapist whose patient becomes party to a legal dispute. This part also provides an overview of civil commitment and the legal process with which the mental health professional is most frequently involved. Part three details the functions of the evaluating mental health expert, providing a step-by-step discussion of the requisites of this role. Appendixes include a glossary of legal terms, a competency assessment instrument, a guide for evaluating permanent mental health impairments, and ethical guidelines of the American Academy of Psychiatry and the Law. references and figures