Speaking and Workshops

FAQ

How can a Forensic Psychologist like Dr. Waxman help me or my client?

Forensic psychologists specialize in applying psychological principles to legal questions within the courtroom. Our role is to assist the  trier of fact (judge or jury) by providing well-supported, scientifically-grounded opinions. We ensure multiple sources of information are utilized  before forming an opinion. With a deep understanding of both the legal system and clinical/counseling psychology, we offer highly specialized  expertise.

Examples of assistance include:

·    Assessing an individual's competency to proceed in a legal matter.

·    Opining on whether an individual suffers from Battered Women's Syndrome and how it impacted their state of mind or actions.

What types of courts do you work in?

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We provide services across both civil and criminal courts:

·    Civil Courts: Services include assisting in cases involving personal injury, civil commitment, child custody, workers’ compensation, guardianship, and disability assessments.

·    Criminal Courts: Services include evaluating defendants on issues such as competency to stand trial, insanity, diminished capacity, sentencing considerations, and juvenile waiver. We also work with defendants who require treatment for restoration of competence or those acquitted by reason of insanity.

What does a good evaluation include, and is there a written report?

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While a written report is not always legally required, it is typical and highly recommended for a forensic psychological evaluation.

A comprehensive report generally includes:

·    Historical Background: Relevant personal and social history.

·    Cognitive Assessment: Results from intelligence and/or achievement testing.

·    Personality Assessment: Findings from general and specific psychological testing (e.g., trauma inventories).

·    Behavioral Assessment (Mental Status): Observations of the individual's mental state.

·    Collateral Information Review: Analysis of external documents like medical records and legal documents.

·    Diagnosis and Recommendations: A concluding section that integrates all information obtained to address the specific legal question.

What is Battered Women’s Syndrome (BWS)?

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Battered Women's Syndrome, a term originally coined by Lenore Walker, describes the complex psychological and behavioral characteristics of individuals in domestically violent relationships. A person suffering from BWS often experiences learned helplessness resulting from a cycle of violence. This cycle typically includes: a tension-building phase, a battering incident, a period of reconciliation or "honeymoon," and then a return to normalcy before the cycle begins anew.

The individual develops a unique awareness of the cues preceding a battering incident. This specialized knowledge is crucial in legal cases where the individual acted in self-defense, as their perception of immediate, grave danger may not be apparent to a layperson.

What is a Competency to Proceed Evaluation?

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Based on the 1960 Dusky v. United States Supreme Court case, a competency to proceed evaluation ensures a defendant is able to participate in their defense.

The evaluation procedure typically assesses two factors:

1.   Whether the individual has a rational and factual understanding of the legal system and the proceedings against them.

2.   Whether they have the ability to assist their attorney in preparing their case.

The evaluation seeks to determine if a diagnosed mental condition interferes with these competency-related abilities.

How do you assess personal injury?

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In personal injury cases, where a party is alleged to be psychologically harmed due to the clear responsibility of another, the court attempts to "make the person whole" through monetary damages. Dr. Waxman can assist by:

·    Determining the nature and extent of the psychological harm.

·    Opining on whether the incident caused a new mental health condition or exacerbated a pre-existing one.

·    Providing information to assist in the calculation of monetary damages.

Can you travel and do you work in every state?

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Yes. Dr. Waxman holds a PsyPact Interjurisdictional License, which allows work in most participating states. For non-PsyPact states, short-term work is typically permitted with permission from the local licensing board.

What collateral information do you need?

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For a comprehensive evaluation, it is critical to review all available information. This typically includes:

·    Court records and legal documents

·    Police reports

·    Medical and mental health records

·    Orders of protection

·    Text messages and correspondence

·    Witness statements

·    Any other forensic reports prepared on the case

Can you conduct the evaluation and/or testify online?

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Yes, services can be conducted both in-person and remotely. The latest research indicates no significant difference in the efficacy of conducting an evaluation over video versus in-person.

Benefits of remote services often include:

·    More flexible scheduling.

·    Reduced travel fees for the expert.

·    Increased comfort for the client (if they are at home).

Additionally, many courts and correctional facilities now prefer or require video evaluations and testimony. We are happy to conduct evaluations in person if preferred.