Conducting Disability Evaluations with a Forensic Perspective: the Application of Criminal Responsibility Evaluation Guidelines

AbstractAlthough the goals of disability and criminal responsibility evaluations differ greatly, both evaluations require determining whether an individual evidences genuine impairment that aligns with a legal definition and the extent to which mental health symptoms impact the individual ’s functioning. Recommendations for how to conduct criminal responsibility evaluations often include a multi-step process for completing an objective evaluation that thoroughly addresses the clinical and legal issues at hand. Forensic recommendations also emphasize the need to evaluate the extent to which reported symptoms are genuine and how to determine whether the clinical presentation aligns with the legal standard at issue. This paper will illustrate how recommendations for conducting criminal responsibility evaluations can be applied to disability evaluations done to determine whether someone should receive accommodations under the Americans with Disabilities Act (1990) to ensure a thorough assessment that addresses relevant clinical issues and legal standards.

Source: Psychological Injury and Law - January 31, 2019 Category: Medical Law Source Type: research