Journal of the American Academy of Psychiatry and the Law最新文献_第9页

Mental Health as Mitigation Evidence 精神健康作为减刑证据

IF 2.7 4区医学

Journal of the American Academy of Psychiatry and the Law Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230066L2-23

Mia M. Ricardo, Nathan Frommer

{"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}

引用次数: 0

Posttraumatic Stress Disorder as Compensable Occupational Disease 创伤后应激障碍是可补偿的职业病

IF 2.7 4区医学

Journal of the American Academy of Psychiatry and the Law Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230067L1-23

Amber Boutwell, D. Kelly

引用次数: 0

Seymour Pollack, MD, MA 西摩·波拉克，医学博士，硕士

IF 2.7 4区医学

Journal of the American Academy of Psychiatry and the Law Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230055-23

T. Botello, B. Gross, L. Weinberger

引用次数: 0

Adverse Childhood Experiences and Arrest Rates among Individuals with Serious Mental Illnesses. 不良童年经历和严重精神疾病患者的逮捕率。

IF 2.7 4区医学

Journal of the American Academy of Psychiatry and the Law Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.220096-22

Oluwatoyin Ashekun, Adria Zern, Stephanie Langlois, Michael T Compton

{"title":"Adverse Childhood Experiences and Arrest Rates among Individuals with Serious Mental Illnesses.","authors":"Oluwatoyin Ashekun, Adria Zern, Stephanie Langlois, Michael T Compton","doi":"10.29158/JAAPL.220096-22","DOIUrl":"https://doi.org/10.29158/JAAPL.220096-22","url":null,"abstract":"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 (N = 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.","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}

引用次数: 0

Due Process for Civil Commitment Proceedings 民事承诺程序的正当程序

IF 2.7 4区医学

Journal of the American Academy of Psychiatry and the Law Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230068-23

Jason R Pickett, Bruce M. Cohen

{"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}

引用次数: 0

Mental Injury Worker’s Compensation Claims 精神伤害工人的赔偿要求

IF 2.7 4区医学

Journal of the American Academy of Psychiatry and the Law Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230066-23

Lauren J. Ryan, Danielle Rynczak

引用次数: 0

Parental Alienation: Science and Law 父母异化：科学与法律

IF 2.7 4区医学

Journal of the American Academy of Psychiatry and the Law Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230073-23

{"title":"Parental Alienation: Science and Law","authors":"","doi":"10.29158/JAAPL.230073-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230073-23","url":null,"abstract":"Parental Alienation: Science and Law was edited by Demosthenes Lorandos, PhD, JD, and William Bernet, MD. There are 14 other individual authors. The book comprises 13 chapters divided into two larger sections. Section One, consisting of six chapters, is titled “Clinical Considerations and Research.” Section Two, consisting of the remaining chapters, is titled “Legal Issues.” The purpose of Parental Alienation: Science and Law is to provide a thorough analysis and history of parental alienation and parental alienation syndrome. In conjunction, editors and contributors articulate potential solutions to address this psychological phenomenon adequately. Parental alienation (PA) theory has gained traction in the United States and internationally, with early references dating back to English common law in 1804. The book’s authors define the concept as a mental condition in which a child allies strongly with one parent while rejecting the other parent without legitimate cause. Emphasis is placed on the last portion of the definition, “without legitimate cause.” If there is evidence of abuse or neglect from the nonpreferred parent, the more appropriate term is parental estrangement. This distinction is crucial when determining the best course of action regarding the psychological and physical well-being of the child. Although many attorneys and mental health professionals recognize PA as a form of psychological abuse and parental alienation syndrome as a mental condition, the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) does not recognize PA as a diagnosis, and introduction of PA concepts in courtroom proceedings is subject to expert witness scrutiny. The authors of Parental Alienation: Science and Law cite multiple studies measuring alienating behaviors in children and by parents or caregivers. The authors outline specific psychological consequences of parental alienation, such as higher incidences of depression and personality disorder pathologies. Additionally, the text’s authors criticize the adversarial family court system, which they argue increases the propensity for parental alienation. Finally, in the chapter titled “Public Policy Initiatives Related to Parental Alienation,” the authors recommend solutions to reduce parental alienation cases within the United States. The text’s authors provide readers with an in-depth analysis of the five-factor model, a tool to structure the investigation and assessment of parental alienation (not to be confused with the five-factor model of personality assessment). The five-factor model of parental alienation syndrome consists of the following five components: contact refusal by the child; the presence of a prior positive relationship between the child and the rejected parent; the absence of abuse or neglect by the rejected parent; the use of multiple alienating behaviors on the part of the favored parent; and the child’s exhibiting several of the behavioral manifestations of al","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"462 - 463"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45439175","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}

引用次数: 0

Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences, 2nd Edition 应用犯罪心理学：法医行为科学指南，第2版

IF 2.7 4区医学

Journal of the American Academy of Psychiatry and the Law Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230072-23

Vince Gilmer, Benjamin Gilmer

{"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}

引用次数: 1

Criminal Justice Outcomes of Suicide by Cop Survivors. 警察幸存者自杀的刑事司法后果。

IF 2.7 4区医学

Journal of the American Academy of Psychiatry and the Law Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.220116-22

Kenneth J Weiss

{"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":"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 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}

引用次数: 0

An International Comparison and Review of Self-Induced Intoxication Causing Automatism. 自致中毒引起自动性行为的国际比较与综述。

IF 2.7 4区医学

Journal of the American Academy of Psychiatry and the Law Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230042-23

Graham D Glancy, Kiran Patel, Marissa Heintzman, Richard M Schneider

引用次数: 0