The Mental Health Professional and the Legal System

The Mental Health Professional and the Legal System

Committee on Psychiatry and the Law, Group for the Advancement of Psychiatry

New York, NY: Brunner/Mazel Publishers, 208 pp, 1991

This is an excellent book which was formulated by the Committee of Psychiatry and the Law of the Group for the Advancement of Psychiatry. Since the members of this committee are some of the top forensic psychiatrists in the US, there is no question about the quality of this book. From the first chapter, an overview entitled “You and the Law,” to “Law and the Legal Process,” the “Need for Mental Health Professionals in the Legal System,” “Common Legal Tests,” “The Therapist in Court,” “Legal Issues Arising in the Treatment Relationship,” “Civil Commitment,” “Legal Requests and Subpoenas,” through a whole area of examination, experts reports and court testimony, this is a book of high quality which guides the reader through different areas as concisely and appropriately and in as clear a format as I have seen. Although this book is geared towards the American legal system, there are references to English Common Law in the introductory chapters, as well as a basic chapter that follows the course of a criminal trial which applies in both Canada and the US.

Similarly, the outline for the course of a civil trial also applies to Canada. The basic structure of the US court system is obviously different, although there are similarities to the Canadian system. When, however, it comes to the chapters on the mental health professional’s interaction with the legal system in the areas of competence to stand trial, insanity defence, pre-sentence hearings, capital sentencing, extreme emotional disturbance, competence to be executed, competence to be a witness and sex offenses committed by mentally disordered individuals and corresponding areas of civil law, the principles outlined in the book need only minor modifications to apply in Canada. These are landmark cases in the US which are not directly applicable in Canada, although legal history has shown that decisions made in the US can influence to some degree subsequent decisions in Canada.

This book covers the basic principles of law and psychiatry and the mental health professions with clarity and precision. I strongly recommend this book for general psychiatrists who have an interest in psychiatry and the law, and particularly for those in the US. It would be an excellent teaching tool for residents in psychiatry, offering basic knowledge and understanding of the legal system and how it interacts with psychiatry. For Canadian readers, it is a useful reference book, and, as already outlined, supplies sufficient basic information, although what would is needed is an identical book dealing entirely with Canadian issues.

In summary, this is a well-priced, well-written book, excellent value for the money, and a worthwhile addition to anyone’s library. I have no hesitation in recommending it.