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Chapter 33

Forensic Nursing

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Objectives

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Define

Define forensic nursing, forensic psychiatric nursing, and correctional nursing.

Describe

Describe the educational preparation required for the forensic nurse generalist and the advanced practice forensic nurse.

Identify

Identify the functions of forensic nurses.

Discuss

Discuss the specialized roles in forensic nursing.

Identify

Identify three roles of psychiatric nurses in the specialty of forensic nursing.

Discuss

Discuss the roles of the forensic psychiatric nurse within the legal system.

Define

Define correctional nursing and its role in reducing repeat incarcerations.

Forensic Nursing

Definition: Forensic nursing is specialized nursing care that focuses on patient populations affected by violence and trauma

IAFN formed in 1992

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The International Association of Forensic Nurses (IAFN) was formed in 1992, when 74 nurses most of whom were sexual assault nurse examiners (SANEs) came together to create an organization representing nurses whose practice overlapped with key areas of forensic science and the law (Lynch, 1997). A year after its creation, the organization had more than tripled in size; by 2019, the IAFN s membership had grown to well over 5000 nurses. The group now represents nurses who are forensic nurse generalists, SANEs, forensic psychiatric nurses, death investigators, risk managers, coroners, correctional nurse specialists, and others.

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Forensic Nursing

Provides--

Education, prevention, detection and treatment of the effects of violence in individuals, families, communities, and populations

Expert court testimony in cases related to their areas of practice and expertise

Input on policy changes within forensic settings

Evaluation and diagnoses for both victims and perpetrators

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Case Study

After doing an internship in a psychiatric correctional facility, Hector became interested in becoming a forensic psychiatric nurse. While he is interested in providing direct psychiatric services to perpetrators of crime in particular, he would also like to be able to someday offer input on policy changes in the corrections setting and offer evaluation services for inmates.

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Forensic Nursing Education

IAFN recommends forensic content be included at all levels of nursing education.

Specialty Forensic Nursing Education

Associate or Diploma Registered Nurse

Baccalaureate (BSN)

Master’s (MSN)

Doctor of nursing practice (DNP)

Doctor of philosophy (PhD)

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The IAFN recommends that forensic content be included at all levels of nursing education, both undergraduate and graduate.

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Forensic Nurse Generalist

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A registered nurse who is employed in a forensic setting can be called a forensic nurse generalist if that nurse has completed further training through continuing education or graduate studies. The nurse may acquire additional knowledge and skills by completing a certificate program comprising continuing education in an area of forensic nursing. Nurses can also gain expertise by taking secondary education electives and/or pursuing a minor in forensic topics.

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Credentials

Registered nurse

Completed further training through continuing education or graduate studies

Trauma-informed care

Master’s Level

Credentials: No master’s level credentialing

Qualifications: Master’s education with credentials in another area (e.g., nurse practitioner with a specialty focus); and related coursework

Related Coursework: psychiatric assessment and intervention skills, death investigation, forensic wound identification, evidence collection, family violence, sexual assault of all types and in varied populations, introductory law, and principles of criminal justice and forensic science

Advanced Practice Forensic Nurse

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Advanced Practice Forensic Nurse (Cont.)

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Doctor of nursing practice (DNP)

May evaluate and apply evidence-based forensic practice for the improvement of education, clinical practice, systems management, and nursing leadership

Doctor of philosophy (PhD)

Prepares nurses to initiate and conduct research in an area of forensics to advance nursing science and to ultimately enhance the practice of forensic nursing

Roles of the Forensic Nurses

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Identification and assessment of victims

Creation of appropriate treatment plans

Collection, documentation, and preservation of potential evidence

Follow-up referrals

Sexual Assault Nurse Examiner

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Care of adult and pediatric victims of sexual assault

Sexual assault nurse examiner (SANE) training course is typically 5 days (40+ contact hours)

Nurse Coroner/Death Investigator

Coroner: Public official charged with duty of determining how and why people die

Deputy Coroner/Death Investigator’s judgments are based on:

History

Symptomatology

Autopsy results

Toxicology

Other diagnostic studies

Evidence revealed in other aspects of the case

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Traditionally, the coroner is a public official primarily charged with the duty of determining how and why people die. Increasingly, nurses are prepared as death investigators or deputy coroners; they work as death investigators in medical examiners or coroners offices or independently in private offices.

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Forensic Psychiatric Nursing

Credentials

Generalist or advanced practice level

Graduate education required at advanced practice level

Can complete further training through continuing education or certificate programs

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Forensic Psychiatric Nursing

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Skills in medical nursing and psychiatric-mental health nursing assessment, evaluation, and treatment of victims or perpetrators

Criminal justice system understanding

Strong communication skills

With perpetrators

With interprofessional team

Forensic Psychiatric Nursing

Subspeciality: Competency evaluator

Collect evidence

Evaluate perpetrator’s intent

Determine whether the perpetrator had diminished capacity (impaired mental functioning) at the time of the crime

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Roles and Functions of the Forensic Psychiatric Nurse

Psychotherapist

Forensic nurse examiner

Competency evaluator

Fact or expert witnesses

Consultant

Hostage negotiator

Criminal profiler

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Psychotherapist

Forensic Advanced Practice Registered Nurse In Psychiatric-mental Health

Individual, family, and group therapy

Psychiatric Mental Health Nurse Practitioner (PMH-NP) or Psychiatric Mental Health Nurse-Board Certified (PMHCNS-BC)

Have prescriptive privileges and initiate pharmacotherapy along with psychotherapy

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Forensic Nurse Examiner

Conduct court-ordered evaluations regarding legal sanity or competency in a court case

Respond to specific medicolegal questions as requested by the court

Render an expert opinion in a written report or during courtroom testimony

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Forensic Nurse Examiner (Cont.)

Legal sanity: Able to distinguish right from wrong

Assessment: Use of drugs; medical condition affecting reason; social context of the crime

Competence to proceed: Defendants mental condition at time of trial

McNaughton Rules

Irresistible impulse—knew act was wrong but could not control behavior

Guilty but mentally ill

Legal tests of sanity may include use of the McNaughton rules that includes the terms irresistible impulse and guilty but mentally ill.

Irresistible impulse acknowledges that the person may have known the criminal act was wrong. However, it stipulates that if a person could not control behavior because of a psychiatric illness or a “mental defect,” the defendant is not guilty.

Those who plead guilty but mentally ill are remanded (sent) to the correctional system where they receive treatment for their mental disorder. They are then subject to the correctional system’s parole decisions.

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Competency Evaluator

Determine Legal Competence of Defendant

Assess mental health or illness

Conduct a forensic interview

Provide documentation

Complete a formal report to the court

Testify as an expert witness

Becoming an advocate for the defendant, rather than for the process, is a breach of professional boundaries.

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Fact and Expert Witnesses

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Fact Witness

What was personally seen or heard, performed, or documented

Expert Witness

Recognized by the Court as having a certain level of expertise in a designated area

Routinely used in medical malpractice cases

Summarize and explain complex and voluminous medical records and terminology

Consultant

Interagency cooperation between mental health and law enforcement

Provide advice to mental health agencies regarding the care of the individuals with legal issues

Consult with law enforcement regarding the status and suggested treatment of individuals with mental illness

Advocate for families and patients

Focus on perpetrator’s well-being even if that results in civil detention and admission to hospital

May serve either side in a court case

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Being on call around the clock to assist law enforcement officers on the scene

Providing suggestions regarding negotiation techniques

Assessing the mental status of the perpetrator

Providing a link to mental health agencies

Participating in a critique of the hostage incident

Assessing released hostages

Providing training in communication skills to law enforcement officers

Hostage Negotiator

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Criminal Profiler

Attempts to provide law enforcement officials with specific information about the type of individual who may have committed a certain crime

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Correctional Nursing

Correctional nursing refers to the care of people who are involved with the criminal justice system. Often, this presents challenges to the way nurses think about patients, especially when viewed within the limited context of victim and perpetrator.

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Refers to the care of people who are involved with the criminal justice system

Presents challenges to the way nurses think about patients

Working in a correctional setting alone does not make a person a forensic nurse

Advanced education and clinical practice focusing on unique needs of the population

Correctional Nursing

Because of the long-term effects on recidivism (repeat offenders) and resource allocation, policy makers and legislators are beginning to recognize the importance of providing treatment for incarcerated individuals.

Especially critical within this population is a history of trauma or posttraumatic stress disorder (PTSD). However, the correctional setting is not conducive to the intensive therapy required to treat these issues adequately. Unfortunately, the needs of the vast majority of people in the correctional system with PTSD and/or a history of trauma are not adequately addressed.

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Custody versus caring debate

Role of correctional nurse defined by location of the work or legal status of the patient

Correctional nursing provides treatment and services for inmates with chronic psychiatric conditions

Care for inmates in a cycle of homelessness, psychiatric hospitalization, and imprisonment

Importance of treatment for incarcerated individuals

Quick Quiz

A person charged with murder was found guilty but mentally ill. This individual

will spend the rest of his life in a psychiatric facility.

will spend the rest of his life in a prison.

will most likely face the death penalty.

may be eligible for parole.

ANS: D

 

Those who plead guilty but mentally ill are remanded to the correctional system, where they receive treatment for their mental disorder. They are then subject to the correctional system’s parole decisions.

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