Chapter 12: Forensic Mental Health
Chapter Overview
The authors provide an understanding of the ways in which the forensic mental health counselor’s role is
distinct from other counseling roles. The authors discuss training for forensic mental health counselors
and the services they can provide to the legal system.
Key Words
Mens rea – Presence of a guilty mind.
Durham Test – A defendant is not criminally responsible if his unlawful act is the product of a mental
disease or defect.
Civil Commitment – Process by which individuals are admitted to psychological/psychiatric treatment
against their will.
Multiple Choice Questions
1. What is the purpose of forensic mental health?
a) Make legal decisions relating to mental health issues.
b) Provide formal assessments to inform legal proceedings.
c) Provide mental health services to the incarcerated populations.
d) Conduct assessments for conviction proceedings.
e) All of the above.
2. Forensic mental health is a relatively new field but one that is growing rapidly. Which of the
following issues having been highlighted specifically as areas for development?
a) Programs to identify and evaluate offenders whose crimes are due to mental health disorders.
b) Develop evidence-based assessments and treatment protocols for rehabilitating offenders.
c) Research to support forensic mental health assessment and treatments.
d) a) and b) only.
e) All of the above.
3. Which of the following ethical issues are pertinent to forensic mental health?
a) Boundaries between counselor, client, and court system.
b) Conflict between forensic and therapeutic relationships with existing/past clients.
c) Informed consent for potential negative outcomes of evaluations.
d) a) and c) only.
e) All of the above.
4. What are the legal and professional training requirements to practice as a forensic mental health
counselors?
a) There are no definitive standards for forensic mental health counselors.
b) The training and licensure requirements are set by the National Association of Forensic
Counselors.
c) Specialized training and certification is recommended by various forensic national boards.
d) a) and c) only.
e) None of the above.
5. As the role of forensic mental health grows, a wide body of professionals access services from
forensic mental health counselors. However for which of the following would forensic mental
health counselors NOT be consulted?
a) Courts to assist cases ranging from child custody to crimes of violence.
b) Courts for psychological evaluations of offenders.
c) Judges to make recommendations about severity of punishment.
d) Attorneys as expert witnesses for juries.
e) Judges to resolve cases sent for mediation.
6. Organizations also access the services of forensic mental health counselors. Which of the
following forensic services do they provide?
a) Psychological evaluations to assess risk in specific settings, e.g. schools.
b) Law enforcement to identify potential candidates for employment.
c) Companies for mediation or research.
d) b) and c) only.
e) All of the above.
7. Which of the following accurately describes the assessments conducted by forensic mental health
counselors?
a) Psychological testing to assess competency to stand trial or capacity to make decisions.
b) Collateral evaluations to inform child custody cases.
c) Psychological evaluations to predict rehabilitation potential.
d) a) and b) only.
e) All of the above.
8. What is the role of the mediator in child custody cases?
a) To act objectively, maintain confidentiality, and work collaboratively with both parties.
b) Provide forensic evaluations to recommend custodial rights.
c) Make recommendations to the judge about custodial rights of the child.
d) Advocate for the preferences of the child.
e) All of the above.
9. Which of the following practices would be unethical for an expert witness?
a) To be engaged by the court and the litigant for the same case?
b) To provide expert testimony for a past client.
c) Conduct research for the courts.
d) a) and b) only.
e) All of the above.
10. The Durham v United States provided the standard for mens rea for competency. Which of the
following accurately describes mens rea?
a) Mens rea provided a national standard for legal insanity.
b) It states there must be a presence of a guilty mind; knowing right from wrong.
c) Mens rea stipulates specific tests that must be used to evaluate competence.
d) All of the above.
e) None of the above.
11. A number of different models are used for assessing competency. Which of the following models
gives the most comprehensive evaluation?
a) Private practitioner model.
b) Inpatient hospital model.
c) Community based outpatient.
d) Outpatient hospital model.
e) Mixed model.
12. The National Judicial College states that for best practice competency restoration services should:
a) Last no longer than the typical sentence for the criminal act.
b) Last no longer than one year.
c) Least restrictive treatment option should be selected.
d) b) and c) only.
e) All of the above.
13. While the procedures for civil commitment vary across states, the general standard for civil
commitment is/are:
a) The individual must have mental illness and substance dependency.
b) The individual must have substance dependency and is a danger to self or others,
c) The individual is a danger to self or others.
d) The individual must have developmental disability and is a danger to self or other.
e) All of the above.
14. The results of forensic assessments can have high stake implications for the assesse. While
administering the test can be straightforward for trained individuals, the interpretation of the results is
complex. What must a forensic mental health counselor ensure in this case?
a) Appropriate training to interpret the results and write the report.
b) The report is individualized to each assesse.
c) Language used is appropriate for the recipient.
d) a) and b) only.
e) All of the above.
15. Forensic mental health counselors can be called by the courts as an expert witness. In what way is
the expert witness different from a fact witness?
a) There is no difference between an expert witness and a fact witness.
b) The expert witness can represent his or her client as well as provide expertise to the court at
the same time.
c) The expert witness can provide professional opinion and knowledge to inform on specific
issues.
d) The expert witness cannot act as a fact witness.
e) All of the above.
Activities
1. View the videos from the links below demonstrating various aspects of presenting as an expert witness
in court. You may also choose to look for other similar videos on the Internet for further interest. Write
about your thoughts on acting as an expert witness in court. You may want to consider the following
questions to assist your evaluation:
• What is the role of an expert witness?
• What are some of the ethical issues involved?
• What are the risks and benefits of acting as an expert witness?
• What makes a strong and poor expert witness?
• What are your feelings/opinions about you acting as an expert witness?
http://www.myfoxla.com/story/21754476/testimony-resumes-in–jodi-arias-murder-trial .
http://www.youtube.com/watch?v=1s_MoStf1Gs&list=PL6z4Bk51U7UJWVqaWYBWfU-5d8zqinaVN
http://us.yhs4.search.yahoo.com/yhs/search?p=tv%20videos%20of%20expert%20witnesses&hspart=iron
source&hsimp=yhs-fullyhosted_003&type=dsites
http://www.youtube.com/watch?v=bwsD_LCw_k8&list=PL6z4Bk51U7UJWVqaWYBWfU-
5d8zqinaVN
2. Identify a forensic mental health counselor in your state and interview him or her to understand the role
of the forensic mental health counselor. You may want to consider the following questions as a guide for
the interview:
• What are his or her training, certification, accreditation, and or experiences prior to practicing
forensic mental health?
• The population served and area of forensic expertize.
• What are the challenges and opportunities in that role or area of forensic work?
• What are the future growth opportunities for forensic mental health practice in your state?
• What recommendations of career paths for new/training forensic mental health practitioners can
he or she suggest?
Write a 3-4 page journal of your insights and personal thoughts about practicing in this forensic role.
3. Conduct a research of peer-reviewed journals for a forensic population of interest to you. Make the
topic focused, such as: the assessment of recidivism in sexually violent adolescents. Discuss the main
issues identified in the research relating to this population and your insights.
Discussion
1. Compare the similarities and differences between the roles of the mental health counselor and the
forensic mental health counselor. Explain what insights the comparison illuminates for you.
2. What are the laws relating to child custody in your state? What procedures are used to resolve child
custody cases and which professionals are involved?
3. Discuss the ethical and multicultural issues that need to be considered in forensic mental health
practice.
Multiple Choice Questions – Answer Key