Trauma Assessment in Personal Injury and Employment Discrimination Cases
When individuals believe that they have been harmed by the actions of other people or of organizations, the US legal system affords them avenues of relief in either the tort or civil rights lawsuits. These cases often stem from experiences of trauma—emoti
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sing Trauma in Forensic Contexts
Assessing Trauma in Forensic Contexts
Rafael Art. Javier • Elizabeth A. Owen Jemour A. Maddux Editors
Assessing Trauma in Forensic Contexts
Editors Rafael Art. Javier Psychology St. John’s University Queens, NY, USA
Elizabeth A. Owen Columbia University/Teachers College New York, NY, USA
Jemour A. Maddux Lamb & Maddux, LLC Hackensack, NJ, USA
ISBN 978-3-030-33105-4 ISBN 978-3-030-33106-1 (eBook) https://doi.org/10.1007/978-3-030-33106-1 © Springer Nature Switzerland AG 2020 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Rafael Art. Javier I dedicate this book to the NYSPA Forensic Division for providing me the opportunity to engage in this important topic and, also, to all those suffering the consequences of traumas in all its permutations Jemour A. Maddux For my wife, Ponnie, and children, Daniel, Isabel, and Ryan Elizabeth A. Owen To HP for always supporting me, even when I pushed you away
Foreword
hy Lawyers and Forensic Mental Health Professionals Must W be Trauma-Informed Thirty years ago, there was nothing (that is not hyperbole) in the legal literature that discussed trauma in the context of forensic psychology or psychiatry. Before 1991, there were but two cases that even mentioned both trauma and any aspect of forensic mental health.1 When I offered a course at New York Law School in the late 2000s on “Trauma and Mental Disability Law,” it was—to the best of my knowledge—the first such course ever offered at any US law school. Times have changed. A simple WESTLAW search for 2019 alone2 reveals over 80 secondary sources (law review articles and learned treatise chapters) and over 20 cases that mention (in some cases multiple times
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