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International Journal of Law and Psychiatry

Allan McCay, Christopher James Ryan
In this paper, we focus on, a significant Australian sentencing appeal in which, after hearing expert evidence pertaining to cognitive function, brain scans, and neuropsychological testing, the Court imposed a less severe sentence than that originally imposed. Our aim is to produce an interdisciplinary critical analysis of the decision, and we approach this by analysing the judicial comments on the evidence pertaining to the offender's mental condition, and the reasoning about punishment. We conclude that the Court's inferences about frontal lobe damage and likely dementia are contestable, and the reasoning about mitigation of punishment based on these questionable inferences could have been improved by a focus on sentencing's retributive aim...
December 24, 2018: International Journal of Law and Psychiatry
Hannah Jobling
Community treatment orders (CTOs) have been in place in various jurisdictions for over three decades, and yet are still a controversial aspect of mental health provision. One of the ethical concerns CTOs may engender is how difficult it can be to secure discharge from them, which in some jurisdictions can result in service users being subject to compulsion in the community indefinitely. Given the questions that can therefore be raised about the discharge process, it is important to understand the role of the mental health tribunal as a key safeguard in the management of CTOs...
January 2019: International Journal of Law and Psychiatry
Enrico Capuzzi, Elena Pini, Maria Rosaria Malerba, Francesca Cova, Annamaria Lax, Sara Mauri, Alessandra Ornaghi, Milena Provenzi, Paola Rubelli, Maria Ripalta Sergio, Emanuele Truisi, Massimo Clerici
BACKGROUND: Prison mental health care is a significant topic which has been already studied and described in literature, particularly because of important implications both in the prison and in the health care system. It's not uncommon that inmates suffering from mental disorders are referred to high security forensic services (HSFS) but, to date, studies assessing factors associated with relevant referrals to these services are missing. So, the aim of our study is to investigate socio-demographic, criminological, psychopathological and toxicological variables among those who were referred to HSFS as compared to their non-referred counterpart...
January 2019: International Journal of Law and Psychiatry
Melissa Bardell-Williams, Scott Eaton, Linglee Downey, Meghan Bowtell, Kristen Thien, Aswin Ratheesh, Eoin Killackey, Patrick McGorry, Brian O'Donoghue
BACKGROUND: Community treatment orders (CTOs) are a controversial form of involuntary treatment for individuals affected by mental health disorders and yet little is known about the use of CTOs in first presentations. Therefore, this study aimed to determine the rates, determinants and outcomes associated with the use of CTOs in young people with a first episode of psychosis (FEP). METHODS: This epidemiological cohort study included all individuals aged 15-24 who presented with a FEP to the Early Psychosis Prevention and Intervention Centre (EPPIC) in Melbourne between 01...
January 2019: International Journal of Law and Psychiatry
Glenn D Walters
OBJECTIVE: The purpose of this study was to determine whether animal cruelty and bullying, in addition to serving as behavioral markers of delinquency risk, may also serve as causal antecedents of future delinquent behavior. It was hypothesized that these two behaviors would predict an increase in future offending via a rise in proactive criminal thinking, as measured by moral disengagement, one of its facets, but not via a rise in reactive criminal thinking or cognitive impulsivity. METHODS: All 1170 male members of the Pathways to Desistance study (mean age = 16...
January 2019: International Journal of Law and Psychiatry
Jorun Rugkåsa, Olav Nyttingnes, Tone Breines Simonsen, Jūratė Šaltytė Benth, Bjørn Lau, Henriette Riley, Maria Løvsletten, Tore Buer Christensen, Ann-Torunn Andersen Austegard, Georg Høyer
PURPOSE: Despite one of the longest histories of using Outpatient Commitment (OC), little is known about the use in the Norwegian context. Reporting from the Norwegian Outpatient Commitment Study, this article aims to: establish the profile of the OC population in Norway; ascertain the legal justification for the use of OC and what OC involves for patients; investigate possible associations between selected patient and service characteristics and duration of OC, and; explore potential differences based on gender or rurality...
January 2019: International Journal of Law and Psychiatry
Alex Ruck Keene, Nuala B Kane, Scott Y H Kim, Gareth S Owen
Most of the late 20th century wave of reforms in mental capacity or competence law were predicated upon the so-called 'functional' model of mental capacity, asking not merely whether a person had a mental disorder or disability but rather whether they were capable of making a specific decision (or decisions) at a specific point of time. This model is now under sustained challenge, most notably from the Committee on the Rights of Persons with Disabilities, and this challenge has focused a spotlight on the difficulty of applying the legally 'neat' concepts of the functional model of mental capacity across the full complex spectrum of human life...
January 2019: International Journal of Law and Psychiatry
Valentina Lombardi, Antonello Veltri, Claudia Montanelli, Francesca Mundo, Giuseppe Restuccia, Daniela Cesari, Mauro Maccari, Franco Scarpa, Alfredo Sbrana
BACKGROUND: In Italy the Law 9/2012 prescribed the total closure of forensic psychiatric hospitals (OPGs) and the conversion to a care model based on residential units in the community employing only clinical personnel (Residenze per l'Esecuzione delle Misure di Sicurezza - REMS) and fully integrated in public mental health services. The aim of this study is to report sociodemographic, clinical and criminological characteristics of patients admitted in Volterra REMS since it opened on 01/12/15 up to 31/12/17...
January 2019: International Journal of Law and Psychiatry
Stefano Ferracuti, Daniela Pucci, Federico Trobia, Maria Chiara Alessi, Chiara Rapinesi, Georgios D Kotzalidis, Antonio Del Casale
In Italy, following the closure of psychiatric hospitals in 1978 and the release of psychiatric patients into community care, there was a mismatch between common psychiatric patients and the convicted mentally ill who were sentenced to serve in state forensic psychiatric hospitals. The recent closure of such structures following the Prime Minister's Decree of April 1, 2008, fostered the need to create new structures. These are called "REMS," and they are based in the community and led by psychiatrists and healthcare staff who may rely on the collaboration of public security staff...
January 2019: International Journal of Law and Psychiatry
Douglas O Cacialli
Threat assessment has been used in educational settings to assess and manage the risk of targeted violence for nearly two decades, and mental health professionals commonly serve on threat assessment teams. Despite how prevalent threat assessment has become, the extant literature on the psychological factors relevant to the assessment of targeted violence has infrequently distinguished between the types of institutions in which this form of intervention is employed. Furthermore, the unique considerations for mental health professionals on threat assessment teams have received limited attention...
January 2019: International Journal of Law and Psychiatry
Sophie Haesen, Helene Merkt, Arnaud Imber, Bernice Elger, Tenzin Wangmo
The goal of this study is to explore the status quo of mental health and substance use problems among older prisoners. Our review presents the prevalence as well as co-occurrence of substance use and other mental health disorders in older prisoners. We conducted a systematic review of literature following the PRISMA statement. The search was carried out in four databases and supplemented with manual screenings of bibliographies from all retrieved articles. Publications were included if they met specific inclusion criteria...
January 2019: International Journal of Law and Psychiatry
Ruth Vine, Fiona Judd
Mental Health services in Victoria, Australia have seen major reform over the past 30 years. Rights based mental health legislation and major structural changes supported a reduction in bed based services and the development of a strong community mental health sector from the mid 1990's. Community Treatment Orders were established in the Mental Health Act (1986) and widely used across the State. Reformed legislation in 2014 brought greater emphasis on supported decision making and recovery orientation. Funding for mental health services did not keep pace with significant population growth, with consequent reduction in bed availability and intensity of community based services...
January 2019: International Journal of Law and Psychiatry
Tonje Lossius Husum, Elisa Legernes, Reidar Pedersen
BACKGROUND: Studies reveal that users of mental health care services sometimes experience humiliation during care. These experiences may influence the users' recovery process and treatment satisfaction. METHOD: Thirteen informants with experience in mental health services were recruited for semi-structured interviews. Informants were recruited through collaboration with users' organisations. Modified text condensation was used for analysis of the qualitative data...
January 2019: International Journal of Law and Psychiatry
Leon McRae
The governance of sleep sex (or sexsomnia) in the criminal law is a nightmare. Press reports of sleeping, often drunk, men acquitted as automatons of raping adults and children suggest cases are rising. The use of automatism, rather than insanity, in these cases is strong evidence of the immemorial struggle faced by legal psychiatry in appropriately construing unconscious defendants. This paper responds by drawing on well-established psychoanalytic conceptions of unconsciousness to present sexsomnia as dispositional to the defendant...
January 2019: International Journal of Law and Psychiatry
Paul Skowron
In General Comment No. 1, the UN Committee on the Rights of Persons with Disabilities calls for 'the best interpretation of will and preferences' to replace best interests determinations in decision-making law, but it has given little guidance on the content of this new standard. As a result, 'best interpretation' is sometimes treated as synonymous with 'true interpretation'. On this reading, 'the best interpretation of will and preferences' is just whatever interpretation most accurately represents the interpreted person's will and preferences...
January 2019: International Journal of Law and Psychiatry
Matt DeLisi, Alan J Drury, Michael J Elbert
In community and correctional settings, gang status is a robust predictor of offending, unfortunately relatively few studies have considered behavioral disorders of offenders and whether these disorders mediate the gang-offending relationship. Drawing on a near population of correctional clients on federal supervised release, negative binomial regression and ROC-AUC models found that gang variables were rendered insignificant or were generally weak classifiers of severe offending once behavioral disorders were specified...
January 2019: International Journal of Law and Psychiatry
Gabriele Mandarelli, Giovanna Parmigiani, Federico Trobia, Gianmarco Tessari, Paolo Roma, Massimo Biondi, Stefano Ferracuti
Coercive treatments are often regarded as an inevitable and yet highly debated feature of psychiatric care. Perceived coercion is often reported by patients involuntarily committed as well as their voluntary counterparts. The Admission Experience Survey (AES) is a reliable tool for measuring perceived coercion in mental hospital admission. We developed the Italian AES (I-AES) through translation back-translation and administered it to 156 acutely hospitalized patients (48% women, 69% voluntarily committed) in two university hospitals in Rome (Policlinico Umberto I, Sant'Andrea Hospital)...
January 2019: International Journal of Law and Psychiatry
Annette S Crisanti, Jennifer A Earheart, Nils A Rosenbaum, Matthew Tinney, Daniel J Duhigg
Continuing education in Crisis Intervention Team (CIT) principles and best practices are limited. In 2015, the Albuquerque Police Department became the first law enforcement agency in the country to provide extended learning for CIT and case debriefings related to behavioral health through videoconferencing technology. The project, known as CIT ECHO, connects law enforcement agencies across New Mexico and the country to an online classroom where CIT experts and psychiatrists review behavioral health topics, and debrief complex cases with officers...
January 2019: International Journal of Law and Psychiatry
Jimmy Ben Forry, Joseph Kirabira, Scholastic Ashaba, Godfrey Zari Rukundo
INTRODUCTION: Mental disorders among prisoners have been linked to the type of crime and recidivism. Identification of the mental disorders associated with the different types of crimes and recidivism is essential in the planning and eventual service provision to the prisoners. This study aimed to determine the association between mental disorders, type of crime and recidivism among prisoners in Mbarara municipality in Uganda. METHODS: This was a prison facility based cross-sectional study among 414 male and female inmates in Mbarara municipality conducted from June to July 2017...
January 2019: International Journal of Law and Psychiatry
Christoph Bublitz, Andreas Wolkenstein, Ralf R Jox, Orsolya Friedrich
No abstract text is available yet for this article.
November 16, 2018: International Journal of Law and Psychiatry
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