162 7 Court and the Legal System—Civil Forensicsthe broader justice implications for the field (i.e., civil forensics) in relationship to
the various roles of the psychologist or expert practitioner.
Persons with mental illness can be, under specified conditions, hospitalized
against their will. What is the meaning of mental illness for lawyers and psy-
chologists? Can mental illness be defined with any precision, and, if not, what,
are the civil justice consequences for individuals so confined? How is the men-
tal illness construct employed for purposes of involuntary commitment? Persons
identified as psychiatrically disordered can, under the law, exercise their right to
refuse (medical) treatment. To what extent can the mentally ill invoke this right
in the context of antipsychotic medication? What role does one's informed con-
sent play in the decision to refuse treatment? How do the legal and psychologi-
cal communities endorse the individual autonomy of a mentally disordered citi-
zen in the wake of one invoking a treatment refusal right? The law requires that
the psychiatric care persons receive must occur in the most nonrestrictive envi-
ronment possible so that the individual's liberty (e.g., freedom of movement) is
protected. How does the "psycholegal" establishment operationalize this standard?
In addition to the locus of care, the Least Restrictive Alternative doctrine refers
to the type and quality of medical intervention and whether it is the least inva-
sive form of psychiatric care. How, if at all. does the Least Restrictive Alterna-
tive doctrine protect a person's freedom from unnecessary, unwanted, and harmful
treatment?
in addition to formal courtroom outlets and legal mechanisms for advancing
the aims of civil forensics, psychologists are called upon to promote the interests of
justice in the informal legal system as well. Mental health clinicians are, on occa-
sion, presented with clients who may act violently toward others. Psychologists are
also entrusted with safeguarding the confidentiality of what their clients describe
to them. What are the legal and ethical obligations and limits of mental health
professionals when a client poses a threat to a third party? Are there circumstances
in which client confidentiality can (and must) be breached? Persons victimized by
crime suffer personal and financial injury. Do victims have legal rights? How does
psychology help us understand victims? How do victim impact statements affect
the outcome of a particular case, and what meaning do such statements hold for the
victim? Can forensic psychologists determine the degree of "emotional suffering"
victims experience for purposes of their financial (or other) compensation? Increas-
ingly, jurisdictions around the country are adopting the philosophy of restorative
justice at the postconviction phase of a case. A key dimension to restorative jus-
tice is reconciliation through victim—offender mediation (VOM). How does VOM
work? How can forensic psychologists assist in the restorative justice process? How
does VOM promote the interests of reconciliation for offenders, victims, and the
community of which both are a part?
The legal system has a vested interest in the resolution of noncrirninal disputes
that affect citizens who are users of mental health services or are victims of crime.
When the tools of the psychological sciences are relied upon to address these matters.