Clinical Textbook of Addictive Disorders 3rd ed - R. Frances, S. Miller, A. Mack (Guilford, 2005) WW

CHAPTER 16Addiction and the LawAVRAM H. MACKRICHARD J. FRANCESSHELDON I. MILLERLegal problems, from violence to accidents to crime, frequently accompany useof substances of abuse and vice versa. Clinicians who deal with addictedpatients need a grasp of many forensic psychiatry issues in order to practice withskill and communicate effectively in legal settings. This chapter covers a widerange of issues relative to addiction and the law, including issues in criminaljustice system (e.g., not guilty by reason of insanity [NGRI], treatment forparolees or probationers, pleas for sentence reduction, advice to Drug Courts)or other settings, and civil matters such as inpatient and outpatient commitment,child custody, competence, and confidentiality.It is likely that the addiction psychiatrist will have interactions with thelegal system. A significant portion of the growing number of incarceratedAmericans suffers from addictions. Conversely, around 20% of patients withaddictions have sociopathy and major problems with the law, including offensessuch as driving while intoxicated (DWI), drug possession, and prescriptionforgery. Addiction work among this population may involve clinical care orexpert testimony. In each scenario, knowledge of the interface between addictionpsychiatry and the law is very important. This chapter is geared for thegeneral psychiatrist or the addiction psychiatrist who needs guidance in consultingas an expert in the intersection of substances and the law, which simultaneouslycan be interesting, rewarding, anxiety provoking, and hazardous.354