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

{"title":"Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences, 2nd Edition","authors":"Vince Gilmer, Benjamin Gilmer","doi":"10.29158/JAAPL.230072-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230072-23","url":null,"abstract":"first time, and we feel his anguish when his clemency petitions on behalf of Vince Gilmer are twice denied. I reached out to Dr. Benjamin Gilmer and he generously agreed to an interview. We talked for about two hours on a Saturday morning over a virtual videoconferencing platform. He told me that his book had four aspects. It was a “deeply personal memoir,” a medical mystery about a murder, a story about our “shared cognitive fallibility,” and, “most importantly, it’s a book about social justice.” He reflected on the idea that society often fails to recognize that the brain can fail and, when it fails in certain ways, it can define how we’re perceived for life. The Other Dr. Gilmer is engaging and compelling. The central themes are important to both forensic psychiatry and correctional psychiatry. First, the text challenges us to overcome our biases. Dr. Vince Gilmer was labeled a malingerer early in his incarceration. This view of him colored the treatment he received in prison when he had behavioral outbursts or simply requested common medications like SSRIs. Too often, the approach was punitive rather than therapeutic. I want to be clear that I did not review nor am I criticizing his forensic mental health evaluation. It is apparent, however, that the perception that Dr. Vince Gilmer was a malingerer, championed by a police detective, colored the treatment he received until Dr. Benjamin Gilmer began to advocate on his behalf. One of the heroes of the story is the late Dr. Colin Angliker, a noted correctional psychiatrist, who took Dr. Vince Gilmer’s concerns seriously and arranged for the appropriate genetic testing. The second thing a reader should know is that Dr. Benjamin Gilmer offered a recommendation for forensic mental health evaluations. He noted that cancer treatment is often guided by multidisciplinary tumor boards. He marveled that a decision to sentence a person to prison for life could be made with only one mental health evaluator. He recommends that a team of experts evaluate defendants. This suggestion is certainly a thought-provoking idea and interesting comparison. Third, the book makes a compelling case for compassion in the criminal justice system. Whether or not one believes that Dr. Vince Gilmer was appropriately tried and convicted nearly two decades ago, he is now a man with a debilitating neuropsychiatric disease who is suffering in a correctional environment where he cannot access the care that would be available in the community. I found Dr. Benjamin Gilmer’s words of gratitude and tribute to Dr. Angliker particularly powerful: “Thank you for listening with open ears and seeing with childlike eyes while tirelessly serving incarcerated populations for over forty years. The compassion you shared for your patients never wavered from your first patient to your last: Vince. Your example of truth-telling has changed me forever” (p 285). Every forensic psychiatrist should aspire to no less.","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"460 - 462"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46908659","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":"Criminal Justice Outcomes of Suicide by Cop Survivors.","authors":"Kenneth J Weiss","doi":"10.29158/JAAPL.220116-22","DOIUrl":"https://doi.org/10.29158/JAAPL.220116-22","url":null,"abstract":"<p><p>The concept of suicide by cop (SbC) is of interest to psychiatrists, law enforcement professionals, lawyers, and citizens. It is a form of provoked homicide arising from a wish to die. Those who attempt SbC experience more mental illness, substance use, and recent trauma than the general population. This article examines those who attempt SbC and survive the encounters. SbC survivors who threaten or harm police or others may be charged with crimes such as weapons possession, aggravated assault, murder or attempted murder of an officer. The formulation of a provocative act, however, frustrates attempts at defenses based on mental state, resulting in few requests for expert testimony. Few data exist on how these individuals fare in court. Appellate cases in which defendants attempted to introduce evidence of SbC illustrate great variability in adjudication. Psychiatric defenses, such as diminished capacity and insanity, are usually inapplicable or unsuccessful because intent and knowledge of wrongfulness are implied in the provocative act. Diversion of SbC defendants into mental health courts is rare because of firearms use against police. The author argues that criminal justice ignores SbC survivors' mental health and recommends application of therapeutic jurisprudence to give full expression of SbC dynamics.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"390-400"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10151525","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 International Comparison and Review of Self-Induced Intoxication Causing Automatism.","authors":"Graham D Glancy,&nbsp;Kiran Patel,&nbsp;Marissa Heintzman,&nbsp;Richard M Schneider","doi":"10.29158/JAAPL.230042-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230042-23","url":null,"abstract":"<p><p>The topic of self-induced intoxication causing automatism is a complex legal question that straddles the border of psychiatry, the law, and social policy. It has been argued that women and children are predominantly positioned as victims of sexual and domestic violence, in which substances often play a part. This consideration sensitizes society to any legal measures that may potentially excuse, mitigate, or absolve perpetrators. The legal systems in Canada, the United States, and the United Kingdom have dealt with these situations as best as they can, sometimes inconsistently and sometimes coming into conflict with the public discourse and subsequent legislation. This article presents a comparison of case law and legislation among these three countries. We review the concept of automatism and self-induced intoxication leading to automatism, and we show how the courts have dealt with this subject.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"401-410"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10503448","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":"U.S. Department of Justice Investigation of a State Psychiatric Hospital.","authors":"Charles C Dike,&nbsp;Barbara A Bugella,&nbsp;Marc Hillbrand","doi":"10.29158/JAAPL.230009-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230009-23","url":null,"abstract":"<p><p>The Department of Justice investigation of state psychiatric hospitals is nothing like investigation by more familiar regulatory agencies such as The Joint Commission or Centers for Medicare and Medicaid Services (CMS). For one, it comes with the threat of serious legal consequences for both the state psychiatric hospital under investigation and the state in general. Although little has been written about this topic, much of what has been written describes a negative, painful, and expansive experience affecting every aspect of the hospital system. Using an example of a state psychiatric hospital that has been investigated by the DOJ, this article examines this portrayal and explores whether there are positive aspects of such investigations that have been overlooked.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"367-376"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10521926","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":"The Mind of the Mass School Shooter.","authors":"Harold I Schwartz","doi":"10.29158/JAAPL.230041-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230041-23","url":null,"abstract":"The mass school shooting at Robb Elementary School in Uvalde, Texas, coming nearly 10 years after the eerily similar massacre at Sandy Hook Elementary School in Newtown, Connecticut, shook America to its roots. Nineteen children and two adults were shot dead by an isolated, grievance-filled former student who shot his grandmother in the face before attacking the school. At Sandy Hook, 20 children and six adults were shot dead by an isolated, grievance-filled former student who also shot his mother in the head before attacking the school. The drumbeat of so many additional school shootings, before, in between, and since these catastrophes, continues unabated. The names are chillingly familiar: Columbine, Virginia Tech, Parkland, Oxford, and so many more. We stand back aghast, unable or unwilling to intervene, staring at the heart of the question of what it is that enables human beings to violate the most central of moral tenets in so gruesome a fashion, to shoot to death children who stand in front of them. The modern era of mass school shootings dates to 1966 when Charles Whitmore took to the bell tower at the University of Texas, Austin. In all the years since, we have made very little progress in understanding, predicting, and preventing mass shootings of any type. At the center of the conundrum is the shooter (almost always a male) and the limitations of our predictive abilities. The mass school shooter presents a distinct and special challenge. So many other mass shootings are motivated by hatred and bigotry. Hatred of Black, LGBTQ, Asian, Hispanic, and Jewish persons has clearly driven most of the mass shootings of the last decades. But there is no evidence that mass school shootings have been motivated by hatred of school children or of ethnic, racial, cultural, or political groups. In retrospective analyses of mass school shootings, we have been able to piece together a sense of the personal qualities and motivations driving the shooters, but we are left adrift as we ponder the qualities that enable a person to pull the trigger, face to face with the young children he will kill. We have profiles provided by the Federal Bureau of Investigation (FBI), the Secret Service, and others, but for every potential perpetrator fitting these profiles, a vanishingly small number become shooters. As is the case for all low-base-rate events, even highly accurate predictive tools (which we do not have) would be rendered virtually useless by excessive false positives. We have diagnoses as well, derived from the past histories of shooters and, in some instances, from assessments of surviving shooters. Although profiles help us to categorize the type of person who may become a shooter and diagnoses point to typical psychopathologies we find in shooters, they do not help us to understand who, among all those fitting these profiles and carrying these diagnoses, lacks the protective factors that would prevent them from actually shooting or even what those prote","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"314-319"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10152165","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":"The Use of Electroconvulsive Therapy on Death Row.","authors":"Arya Shah,&nbsp;Nathaniel P Morris,&nbsp;Dale E McNiel,&nbsp;Renée L Binder","doi":"10.29158/JAAPL.230053-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230053-23","url":null,"abstract":"<p><p>Despite high rates of mental illness among incarcerated people in the United States, use of electroconvulsive therapy (ECT) remains limited in jails and prisons. There are some published guidelines regarding the provision of mental health care, including ECT, in U.S. correctional facilities, but little attention has been paid to the use of ECT for individuals sentenced to death. This article examines ECT within the context of the death penalty, including court consideration of ECT in capital cases and historic uses of ECT to facilitate execution of people on death row. Given the unique clinical, legal, and ethics considerations in the use of ECT for people sentenced to death, the authors call for greater attention to these practices and propose general guidelines regarding the use of ECT in this population.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"421-430"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10206061","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":"Mitigating Mental Health Evidence in Death Penalty Cases","authors":"Gabrielle Curry, Joseph Chien","doi":"10.29158/JAAPL.230065-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230065-23","url":null,"abstract":"In Jones v. Ryan, 52 F.4th 1104 (9th Cir. 2022), the Ninth Circuit Court of Appeals reviewed Danny Lee Jones’s habeas corpus petition challenging his death sentence in Arizona after he was convicted of two murders. The court found that Mr. Jones’s claim of ineffective assistance of counsel was supported by meeting the two criteria established in Strickland v. Washington, 466 U.S. 668 (1984), specifically highlighting counsel’s failure to hire a mental health expert to explore potentially mitigating evidence in his case.","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"436 - 438"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44233858","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":"Nexus between Mental Illness and Dangerousness in Civil Commitment","authors":"Gabriele F. Trupp, S. Kelley","doi":"10.29158/JAAPL.230068L1-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230068L1-23","url":null,"abstract":"the role of a prosecutor merely because counsel was not present” (In re J.R. , p 4) or merely because the answers to the judge’s questions favored J.R.’s being civilly committed. Further, the argument that a court automatically becomes partial simply by asking questions “elevates form over substance and would have potentially farreaching, negative consequences” for various types of cases beyond civil commitment hearings (e.g., for various pro se cases, contempt proceedings, domestic violence actions, and sensitive juvenile hearings) (In re J.R. , p 4).","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"454 - 456"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45029925","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":"Criminal Justice Outcomes of Suicide by Cop Survivors","authors":"K. Weiss","doi":"10.2139/ssrn.4200670","DOIUrl":"https://doi.org/10.2139/ssrn.4200670","url":null,"abstract":"The concept of suicide by cop (SbC) is of interest to psychiatrists, law enforcement professionals, lawyers, and citizens. It is a form of provoked homicide arising from a wish to die. Those who attempt SbC experience more mental illness, substance use, and recent trauma than the general population. This article examines those who attempt SbC and survive the encounters. SbC survivors who threaten or harm police or others may be charged with crimes such as weapons possession, aggravated assault, murder or attempted murder of an officer. The formulation of a provocative act, however, frustrates attempts at defenses based on mental state, resulting in few requests for expert testimony. Few data exist on how these individuals fare in court. Appellate cases in which defendants attempted to introduce evidence of SbC illustrate great variability in adjudication. Psychiatric defenses, such as diminished capacity and insanity, are usually inapplicable or unsuccessful because intent and knowledge of wrongfulness are implied in the provocative act. Diversion of SbC defendants into mental health courts is rare because of firearms use against police. The author argues that criminal justice ignores SbC survivors’ mental health and recommends application of therapeutic jurisprudence to give full expression of SbC dynamics.","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"390 - 400"},"PeriodicalIF":2.7,"publicationDate":"2023-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68726896","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":"Polygenic Risk Score Effect on Violent Behavior in Schizophrenia.","authors":"Christopher Adanty,&nbsp;Jessica Qian,&nbsp;Vincenzo De Luca,&nbsp;Nathan J Kolla","doi":"10.29158/JAAPL.230007-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230007-23","url":null,"abstract":"<p><p>Previous studies aiming to establish a correlation between schizophrenia (SCZ) and aggressive behavior have resulted in contradictory results. Despite this, a certain degree of evidence suggests a potential underlying genetic component to aggression in SCZ. Polygenic risk score (PRS) analysis is a novel technique to estimate the combined effect of multiple genetic influences on aggression. Our objective was to investigate whether PRS could determine a proclivity toward aggressive behavior in patients with SCZ. Community-dwelling patients diagnosed with a schizophrenia spectrum disorder (<i>n </i>=<i> </i>205) were recruited from a nonforensic outpatient sample. Participants were assessed for aggression using a cross-sectional and retrospective design, and PRS was calculated using genomic DNA and the Illumina Omni 2.5 array. We did not detect any associations between lifetime physical aggression (<i>P</i> =<i> </i>32), verbal aggression (<i>P</i> =<i> </i>24), or aggression against property (<i>P</i> =<i> </i>24) and the PRS for SCZ risk. There may be several reasons to explain our null findings. We recommend that future interaction analyses of PRSs in SCZ that investigate violence focus on forensic psychiatric patients with higher base rates of violence and use participant interviews to assess aggression.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 2","pages":"236-246"},"PeriodicalIF":2.7,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9627192","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}