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The following articles are a partial list of topics covered in monthly articles published over the last
few years regarding treatment, forensic work, and related subjects in these publications:
Professional Case Preparation
More and more scientific evidence, or quasi-scientific evidence, is being presented in the court, and the
courts tend to place a high degree of credibility in these reports, regardless of whether the report merits
such credibility. In fact, courts routinely allow evidence which both the American Medical Association and the
American Psychological Association have deemed is unreliable. But how is one to distinguish between good and
bad science..?
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The Pitfalls of Expert Testimony
Recently the Michigan Supreme Court rules committee voted to recommend seriously limiting the nature and amount
of testimony that could be given by an expert witness... This is a good thing... Unfortunately, the new rules
regarding who can testify in the court, or the limits of opinions expressed by these experts, will not change the
most grievous errors made by members of our profession...
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Why Forensic Interviews Favor the Accuser
Protocol is not followed from the beginning interview, which often consists of leading questions by parents and rarely
includes a narrative, which is the best form of evidence in these cases... Forensic interviews never end: the accuser can
keep making allegations until they find someone who believes them...
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When Abuse Allegations Are Valid
…It is generally agreed among mental health professionals that sexual abuse is more damaging than almost any other
abuse that can be inflicted on a child, short of permanent physical disfigurement or debilitating injury…Both men
and women who have been sexually abused experience profoundly damaged self-esteem. They tend to blame themselves,
feeling deeply guilty and ashamed, thinking they must have done something wrong to bring on the abuse... The victim’s
sense of boundaries is profoundly affected. In most cases they have been exploited by someone whose job it was to
protect them, totally violating their sense of security and safety…
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Diagnosing Substance Abuse in Forensic Cases
The two most useful instruments for diagnosing alcoholism and alcohol abuse are 1. The reports of significant others,
and 2. The psychosocial construct of symptoms associated with the condition. Family members often give information
confirmatory of abuse and/or alcoholism, even though they may not realize at the time. Such symptoms are…
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Nurture vs. Structure
Rarely can it be said of an entire society that everyone missed the boat. Even when it is said, it is rarely the
case. Yet there are some ideas that take hold of a culture that are very wrong and do great harm, but no one seems to get
it—at least at the time. To say that I have discovered such a case of universally accepted error seems even to myself to
be presumptuous, yet I believe it to be true...
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The Need to Discern Valid from Invalid Scientific Evidence
...Medical and /or other scientific evidence decides an increasing number of legal cases; especially abuse cases in which
the children are not old enough to testify themselves. It seems unlikely, however, that the state will follow the AMA
recommendation that every effort be made to hire objective experts, preferably having them selected by the court. To do so
is not the customary method of proceeding in our adversarial system. Moreover, it takes power out of the hands of the
attorneys on both sides of the case to influence the outcome. Judges, who are lawyers also, are unlikely to make a decision
that they would perceive as limiting the ability of attorneys to present their case...
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Ethical Issues and Relations with the Legal Profession
APA Guidelines For Child Custody Evaluations (Excerpts)... The Psychologist avoids multiple relationships. Psychologists
generally avoid conducting a child custody evaluation in a case in which the psychologist served in a therapeutic role
for the child or his or her immediate family or has other involvement that may compromise the psychologist’s objectivity...
The psychologist does not give any opinion regarding the psychological functioning of any individual who has not been
personally evaluated... Code Of Ethics Of The National Association Of Social Workers (Excerpts) Conflicts of Interests... Social
workers should be alert to and avoid conflicts of interest that interfere with the exercise of professional discretion and
impartial judgment... Social workers should not engage in dual or multiple relationships with clients or former clients in
which there is a risk of exploitation or potential harm to the client...
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Forensic Interviewing In Sex Abuse Cases: the State of the Art
In the book, Investigative Interviews of Children, the basis for the Michigan Protocol for Interviewing Children Suspected
of Abuse, the authors, Drs. Deborah Poole and Michael Lamb, report the following distinctions between forensic and non-forensic
interviewing beginning at P. 106: "Many professionals who work with children were trained primarily to provide services after
the need for intervention had already been identified…the underlying assumptions of therapeutic interviews often undermine or contradict
those that guide investigative interviews, and thus most authors warn against professionals assuming dual roles with individual
clients…"
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Parental Alienation
... The majority of these cases-at least the ones that result in legal action-involve a deliberate attempt to remove the child
from contact with the target parent for reasons that address the needs of the parent doing the alienating, rather than the child.
The motivation for this alienation is usually either the convenience of the alienating parent, or a willingness to use the children
to inflict revenge on a hated ex-spouse...
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Treatment Professionals Beware
...Much has been written on the legal and ethical reasons treatment professionals ought not to provide evidence in court.
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