Forensic Ethics and the Expert Witness

and Overview.- The Problem of the Expert's Ethics in Court.- Cases and Examples Using the Approaches So Far.- Approaches That Guide Ethical Behavior.- Ethical Theories: Principled Models, Narrative Theory, and Professional Integrity.- Theories and Perspectives from Other Quarters.- Robust Professionalism: Beyond Role.- Applying Theory to Practice.- Ethical Reasoning for the Courtroom Expert.

Philip Candilis, MD, FAPA, completed his psychiatry residency and chief residency at Harvard Medical School's Massachusetts General Hospital. He is formerly a Fellow in Medical Ethics at Harvard Medical School, and Fellow in Law and Psychiatry at the University of Massachusetts Medical School. Dr. Candilis has served as a hospital ethicist, hospital ethics committee chair, and ethics consultant to federal and state agencies. He chaired the effort to revise the ethics guidelines of the American Academy of Psychiatry and the Law (AAPL), served as writer, consultant, and editor for the professional ethics revision of the American Psychiatric Association (APA), and wrote for the revision of the APA's research ethics guidelines. Dr. Candilis conducts federally funded research on informed consent at the University of Massachusetts Medical School, and serves as medical director of an inpatient unit in the Massachusetts Dept. of Mental Health. He lives in Arlington, MA, with his wife and daughter.

Robert Weinstock, MD completed his residency in general and adolescent psychiatry at McLean Hospital in Belmont, Massachusetts, and a research fellowship in psychiatry at Boston University Medical School. He is certified in forensic psychiatry by the ABPN. Dr. Weinstock is former chair of the ethics committee of AAPL, and of the good forensic practice committee of the American Academy of Forensic Sciences. While chair of AAPL's ethics committee the guidelines were revised twice and the only Opinions of the AAPL Ethics Committee promulgated. Dr. Weinstock co-edited Ethical Practice in Psychiatry and Law published by Kluwer in 1990, and has written numerous papers on forensic ethics. He chairs the California Psychiatric Association's Judicial Action Committee and has served on the APA judicial action committee and is a distinguished fellow of the APA. Dr. Weinstock is clinical professor of psychiatry at UCLA where he is director of the forensic psychiatry fellowship

"This was a rich, complex, and carefully written presentation of seminal and original thinking by three highly respected and experienced forensic psychiatrists....The take-away message from this thoughtful volume is that, in the authors' opinion, it is possible and perhaps highly desirable, in carefully selected situations, to wear two hats and combine the role of therapist with that of an expert witness....These well respected authors argue in a persuasive fashion and hopefully have sparked a worthwhile debate and a new look at the old maxim."

"This was a rich, complex, and carefully written presentation of seminal and original thinking by three highly respected and experienced forensic psychiatrists....The take-away message from this thoughtful volume is that, in the authors' opinion, it is possible and perhaps highly desirable, in carefully selected situations, to wear two hats and combine the role of therapist with that of an expert witness....These well respected authors argue in a persuasive fashion and hopefully have sparked a worthwhile debate and a new look at the old maxim."

- Elissa P. Bendek, MD
American Journal of Psychiatry

"Forensic experts must struggle with the conflicting ethical demands of two roles, that of the clinician devoted to the care of patients, and that of the legal expert committed to the pursuit of justice. Whereas previous attempts to bridge this chasm have sought to separate these roles and avoid conflicts of interest, the authors of this volume have taken a radically different perspective. They have developed an integrated ethical approach based on a richly nuanced view of professional integrity. This book will surely shape the field of forensic ethics for years to come."

- Robert D. Truog, MD
Professor of Medical Ethics, Anaesthesia, and Pediatrics
Harvard Medical School 

"Rich in concepts and provocative examples, this monograph on aspirational ethics takes us from history to practice to pitfalls an expert witness may encounter in this complex work. The authors, professional ethicists, skillfully orchestrate the viewpoints of different disciplines, using the techniques of the forum, the dialogue, and the argument to enrich their discussions of ethical dilemmas. As an added bonus, instruction on ethical principles and reasoning is woven through the material. This would be an excellent text for ethics courses as well as an aid to the practitioner."

-Thomas G. Gutheil, MD
Professor of Psychiatry, Harvard Medical