Journal of the American Academy of Psychiatry and the Law最新文献

{"title":"ACEs and the Possibility of Preventing the Past.","authors":"Merrill Rotter,&nbsp;Zoe Feingold","doi":"10.29158/JAAPL.230061-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230061-23","url":null,"abstract":"<p><p>Ashekun and colleagues' study of the association between adverse childhood experiences (ACEs) and arrests in persons with serious mental illness (SMI) provides more evidence for the importance of addressing the broader needs (beyond narrowly defined symptoms of mental illness) of clients with SMI and criminal legal contact. Furthermore, the article supports the need to appreciate fully the intersection of behavioral health and criminal justice and the intersectionality of mental health and race (i.e., the additive adversities experienced by individuals with SMI who also face race-based inequities). In this commentary, we apply this public health framing of criminal legal involvement among individuals with SMI, expanding on the social adversities, including ACEs, that contribute to adverse health and legal outcomes. We support the relevance of prevention approaches and note areas for further inquiry. In so doing, we aim to reinforce a role for forensic practitioners in addressing these challenges.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"337-341"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10205582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Financial Equity in Involuntary Treatment for Substance Use Disorders.","authors":"Jacob M Appel","doi":"10.29158/JAAPL.220098-22","DOIUrl":"https://doi.org/10.29158/JAAPL.220098-22","url":null,"abstract":"<p><p>Involuntary civil commitment for individuals who are chronically impaired as a result of their substance use remains highly controversial. At present, 37 states have legalized this practice. Increasingly, states are allowing private third-parties, such as friends or relatives of the patient, to petition courts for involuntary treatment. One such approach, modeled on Florida's Marchman Act, does not determine status based on the petitioning party's willingness to commit to pay for care. In contrast, Kentucky's approach, widely known as \"Casey's Law,\" predicates such involuntary commitment on the third party's willingness to commit in advance to pay for the patient's treatment. This article reviews the history and current status of existing law on this subject and then argues that psychiatrists should advocate strongly against involuntary substance treatment laws that rely upon third-party pledges of payment.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"357-366"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10139512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Examination of Predictive Validity and Change in Risk Factors for Stalking over Time.","authors":"Stephanie R Penney,&nbsp;Roy Ulrich,&nbsp;Margaret Maheandiran","doi":"10.29158/JAAPL.220110-22","DOIUrl":"https://doi.org/10.29158/JAAPL.220110-22","url":null,"abstract":"<p><p>This study investigates the predictive validity of two risk instruments for stalking, the Guidelines for Stalking Assessment and Management (SAM) and the Stalking Risk Profile (SRP), in a sample of 86 forensic psychiatric patients. We compare these tools against a well-validated violence risk assessment measure (Historical, Clinical, Risk Management-20, Version 3 (HCR-20V3)) for violent and stalking-related outcomes. Dynamic (mutable) components of each tool were rated at three annual intervals and revealed significant change across time. The HCR-20V3, SAM, and SRP measures showed comparable ability to classify those who recidivated with further stalking from those who did not (area under the curves = .72-.73, <i>P</i> <<i> </i>001). Time-varying scores from the dynamic subscales of the HCR-20V3 and SAM contributed significantly to the prediction of stalking, whereas nonstalking violence was primarily forecast by the static (Historical) scale of the HCR-20V3. This suggests comparable validity of general violence and stalking risk tools for assessing the risk of stalking in forensic patients. Stalking-specific risk factors on the SAM and SRP will likely be of added clinical value in terms of tailoring risk management and treatment plans. Findings also emphasize the importance of attending to changes in risk status over time and incorporating time-sensitive methodologies into predictive models.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"377-389"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10148690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Forensic Practitioner Testimony and Jury Instructions Involving Insanity Defense","authors":"J. Cohn, Jennifer Karlin","doi":"10.29158/JAAPL.230066L1-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230066L1-23","url":null,"abstract":"dominant cause of mental injury. The court also concluded that the Commission did not err by affirming the Board’s denial of a SIME. Additionally, the court ruled that the Board’s exclusion of parts ofMs.Magestro’s testimony was not prejudicial, particularly because Ms. Magestro conceded she was unqualified to offer diagnoses.Ms. Patterson was permitted to present other opinions by qualified experts, yet the Board assigned more weight to the opposing expert.","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"442 - 444"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46987525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mental Health as Mitigation Evidence","authors":"Mia M. Ricardo, Nathan Frommer","doi":"10.29158/JAAPL.230066L2-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230066L2-23","url":null,"abstract":"medical or psychological terms” (Toolan, p 683). Ultimately, the court found that Dr. Kelly’s testimony was permissible, because he only briefly mentioned the legal definition and then reframed his answer on objection. Second, Mr. Toolan asserted that the judge did not sufficiently explain the difference between a lack of criminal responsibility (based on mental disease or defect) and diminished capacity (based on mental impairment), and that the jury may have assumed that they cannot find that the defendant had a diminished capacity if he was criminally responsible. The court ruled that the judge’s instructions were adequate, as he presented the two concepts as two separate factors to consider. Further, in this case, the court found that the evidence regarding premeditation was so strong that any confusion was unlikely to lead to error. Finally, Mr. Toolan contended that the jury should have been instructed to consider Mr. Toolan’s inability to resist the urge to use drugs and alcohol, even if he knew the effect it would have on his mental state. He argued that this further instruction should have been given when the jury received instruction that a defendant who voluntarily uses substances, knowing the effect it would have on an existing mental disease or defect, is still criminally responsible. In affirming the convictions, the court acknowledged that the science previously relied on no longer reflects the current understanding of addiction and how it may affect a person’s urges to use drugs or alcohol. The court determined, however, that Mr. Toolan’s conduct was knowing and intentional and, therefore, did not meet the criteria for insanity.","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"444 - 446"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47705865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Posttraumatic Stress Disorder as Compensable Occupational Disease","authors":"Amber Boutwell, D. Kelly","doi":"10.29158/JAAPL.230067L1-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230067L1-23","url":null,"abstract":"","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"448 - 450"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43003390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Seymour Pollack, MD, MA","authors":"T. Botello, B. Gross, L. Weinberger","doi":"10.29158/JAAPL.230055-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230055-23","url":null,"abstract":"","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"326 - 328"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69707361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Adverse Childhood Experiences and Arrest Rates among Individuals with Serious Mental Illnesses.","authors":"Oluwatoyin Ashekun,&nbsp;Adria Zern,&nbsp;Stephanie Langlois,&nbsp;Michael T Compton","doi":"10.29158/JAAPL.220096-22","DOIUrl":"https://doi.org/10.29158/JAAPL.220096-22","url":null,"abstract":"<p><p>Adverse childhood experiences (ACEs) are linked to both poor mental health and adverse social outcomes, including arrest and incarceration. Furthermore, individuals with serious mental illnesses (SMI) are known to have high rates of childhood adversity and are overrepresented in all facets of the criminal justice system. Few studies have examined the associations between ACEs and arrests among individuals with SMI. We examined the impact of ACEs on arrest among individuals with SMI while controlling for age, gender, race, and educational attainment. In a combined sample from two separate studies in different settings (<i>N</i> = 539), we hypothesized that ACE scores would be associated with prior arrest, as well as rate of arrests. The prevalence of prior arrest was very high (415, 77.3%) and was predicted by male gender, African American race, lower educational attainment, and mood disorder diagnosis. Arrest rate (number of arrests per decade, which thus accounted for age) was predicted by lower educational attainment and higher ACE score. Diverse clinical and policy implications include improving educational outcomes for individuals with SMI, reducing and addressing childhood maltreatment and other forms of childhood or adolescent adversity, and clinical approaches that help clients reduce the likelihood of arrest while addressing trauma histories.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"329-336"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10148130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Due Process for Civil Commitment Proceedings","authors":"Jason R Pickett, Bruce M. Cohen","doi":"10.29158/JAAPL.230068-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230068-23","url":null,"abstract":"requiring proof that prison officials knew of, but disregarded, an excessive risk to the inmate. Accordingly, Mr. Clark was required to allege adequately that prison officials had a sufficiently culpable state of mind. Mr. Clark had asserted that the prison officials had known about his history of significant mental illness and yet had disregarded his pleas to leave the SHU, leaving him there for seven months and causing his mental health to deteriorate. The court concluded that Mr. Clark’s allegations, that prison officials were deliberately indifferent as to the effects of prolonged isolation on Mr. Clark’s already severely compromised mental health, were sufficient to raise a legitimate Eighth Amendment claim. Finally, the Third Circuit addressed the legitimacy of the district court’s ruling that no established law had been violated during the seven months Mr. Clark spent in the SHU. To meet this subjective standard, the prison officials must have had “fair warning” that their conduct violated the prisoner’s Eighth Amendment right. To address this question, the court reviewed its own precedents, relevant U.S. Supreme Court decisions, and multiple federal circuit court decisions with related fact patterns. In these decisions, the Third Circuit noted that the knowing infliction of serious psychological injury, by whatever means, had consistently grounded Eighth Amendment violation claims. The court also relied on Cmty. Legal Aid Soc’y Inc. v. Coupe, 2016 WL 1055741 (D. Del. 2016), a decision handed down by a Delaware district court when Mr. Clark had been in the SHU for two months. In this decision, the district court ruled that Commissioner Coupe’s alleged conduct of “placing mentally ill inmates in solitary confinement, without adequate mental health treatment and out-of-cell time, raised a viable constitutional claim” (Cmty Legal Aid, p 2). The court also cited a Delaware statute, which was in effect at the time of Mr. Clark’s solitary confinement, preventing courts from imposing a term of solitary confinement for more than three months. The court concluded that the law, along with other sources of notice, sufficiently “warned prison officials that their purported conduct was unlawful” (Clark , p 188). The Third Circuit held that the district court’s grant of qualified immunity was premature, reversed the district court’s order dismissing the conditions of confinement claim, and remanded the case for further proceedings. Discussion","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"452 - 454"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41910970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mental Injury Worker’s Compensation Claims","authors":"Lauren J. Ryan, Danielle Rynczak","doi":"10.29158/JAAPL.230066-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230066-23","url":null,"abstract":"","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"440 - 442"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44132337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}