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QUESTION

Typically, sex offenders are evaluated for civil commitment when they are at the end of their criminal sentence.

1. Typically, sex offenders are evaluated for civil commitment when they are at the end of their criminal sentence. Clinicians may be called on to conduct violence risk assessments during incarceration, in preparation for a civil commitment hearing or during an offender's period of civil commitment. Clinicians are called upon to write clinical reports each step along the way. What ethical dilemmas do these issues related to sex offender civil commitment present for the clinician?

2. Larry Steinberg's assertion that juveniles should not be subject to the death penalty informed the court decision in Roper v. Simmons, 2005. This in turn impacted on the Court's decision in Atkins v. Virginia, exempting those with 'mental retardation' from the death penalty. These cases have implications for how we do evaluations, what we write in reports, etc. Explain and describe some ethical considerations for clinicians.

3. Expert testimony is given in court by clinicians in both criminal and non-criminal cases, from worker's comp cases to child custody cases to civil suits by victims to civil commitments, to name a few situations. Considering the Daubert Standard, what should the expert include in his/her explanation of findings, limits of findings, recommendations in order to maintain objectivity and minimize the possibility of harm to any party in the proceedings? 

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