{"title":"In Reply.","authors":"Fred S Berlin","doi":"10.29158/JAAPL.230091-23","DOIUrl":"10.29158/JAAPL.230091-23","url":null,"abstract":"","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 4","pages":"609-610"},"PeriodicalIF":2.1,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138809496","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":"Letters.","authors":"Kristopher Kaliebe","doi":"10.29158/JAAPL.230104-23","DOIUrl":"10.29158/JAAPL.230104-23","url":null,"abstract":"","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 4","pages":"608-609"},"PeriodicalIF":2.1,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138809579","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 Value of Conditional Release for Insanity Acquittees.","authors":"James B Reynolds","doi":"10.29158/JAAPL.230062-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230062-23","url":null,"abstract":"<p><p>The procedures and outcomes of conditional release of insanity acquittees is a relatively neglected area of forensic psychiatric research. The release procedures vary in individual states, resulting in a wide range of approaches, from the careful selection of appropriate patients and strict monitoring in the community, to literally no mechanism for ensuring the future safety of such individuals. In North Carolina there are institutional barriers which even hinder research on the outcomes of such cases. Haroon and colleagues report on the post-release outcomes of insanity acquittees in North Carolina from 1996 to 2020. The findings of the researchers are analyzed in light of the lack of a formal post-release monitoring system in their state, contrasted with outcomes in states where a strict monitoring program is in place. Commentary is provided on the study findings, including associations between demographic, psychiatric, and criminological characteristics of insanity acquittees and release outcomes, as well as an apparent systemic bias against minority acquittees in the insanity commitment and release process in North Carolina. Further research on this important topic, from additional state jurisdictions, is recommended.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"353-356"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10195402","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":"Regulating Ketamine Use in Psychiatry.","authors":"Lisa Harding","doi":"10.29158/JAAPL.230040-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230040-23","url":null,"abstract":"Ketamine is a dissociative anesthetic that has gained attention in the field of psychiatry because of its unique mechanism of action and potential for treating treatment-resistant psychiatric disorders. It has been used off label for decades to treat depression, anxiety, and chronic pain. One of the most significant advancements has been the U.S. Food and Drug Administration’s (FDA) approval of esketamine, the S enantiomer of racemic ketamine, for treatmentresistant depression (TRD) and depression with acute suicidal ideation. Unlike traditional antidepressants, which can take several weeks to start working, esketamine and ketamine can begin to alleviate symptoms within hours of administration. Esketamine is also the only antidepressant of its kind to be studied and approved by the FDA for depressive symptoms in a suicidal population. Over the last five years there has been increased tension among medical providers regarding who is best suited to deliver care with ketamine and esketamine. Although the use of ketamine for depression and other psychiatric conditions has gained increasing attention, there is limited research available to support its use in many of the disorders for which it is used off label. Despite this lack of evidence, ketamine clinics have emerged as a popular alternative for patients who have not responded to traditional treatment options. In addition, the classification of the drug as a Schedule III (CIII) controlled substance and its potential for abuse and dependence raise significant concerns about its safety and appropriate use in medical settings. There is a pressing need for increased research and regulatory oversight into the potential risks and benefits of ketamine as a treatment for multiple psychiatric conditions. As the off-label use of ketamine for psychiatric disorders evolves as a therapeutic option, it is imperative that regulatory authorities promptly establish guidelines and regulations to promote its safe and effective use. This editorial examines the current state of knowledge regarding the use of ketamine and esketamine for psychiatric disorders and presents a framework for thinking through the challenges and opportunities for regulating the use of ketamine in psychiatry.","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"320-325"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10137794","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":"Defining the Term Mental Disorder in Nebraska’s Statute","authors":"Krista Ulisse, Aliana M. Abascal","doi":"10.29158/JAAPL.230070-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230070-23","url":null,"abstract":"","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"457 - 458"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48943139","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}
Haseeb Haroon, Nicole Wolfe, Sara Feizi, Peter Barboriak
{"title":"Assessing Two Decades of Insanity Acquittee Release from the North Carolina Forensic Program.","authors":"Haseeb Haroon, Nicole Wolfe, Sara Feizi, Peter Barboriak","doi":"10.29158/JAAPL.230024-23","DOIUrl":"10.29158/JAAPL.230024-23","url":null,"abstract":"<p><p>Over the past two decades, an increasing proportion of North Carolina state psychiatric hospital beds have been used to house forensic patients. Insanity acquittees occupy almost all forensic-designated beds in the state. Despite the effect insanity acquittees have on state hospital use in North Carolina, outcomes for acquittees after they are released from the state hospital are unknown because of a lack of previous research. This study evaluates postrelease outcomes for insanity acquittees discharged from the North Carolina Forensic Treatment Program between 1996 and 2020. The study also describes the association between the demographic, psychiatric, and criminological characteristics of insanity acquittees and outcomes of recidivism or rehospitalization. The results show that insanity acquittees in North Carolina have higher rates of criminal recidivism than acquittees in other states. There is also evidence of systemic bias against minority race acquittees in the insanity commitment and release process in North Carolina. Outcomes for insanity acquittees released from the state Forensic Treatment Program could be improved through the introduction of evidence-based practices widely used in other states.</p>","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"342-352"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10191906","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":"","authors":"Erik Roskes","doi":"10.29158/JAAPL.230063-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230063-23","url":null,"abstract":"","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"464"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10211100","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":"Red Mist and the Irresistible Defense of \"Losing It\".","authors":"Kenneth J Weiss","doi":"10.29158/JAAPL.230054-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230054-23","url":null,"abstract":"Let’s say I was asked to assist the defense in the criminal trial. How would I approach it? You’ve got to be kidding, I thought. But everyone is entitled to a defense, so keep an open mind. “Junior” said he didn’t intend for his father to die. He wasn’t himself. There was no mental illness before this (unless you count daddy problems and a soupçon of entitlement), no intoxication, and no mental status changes now. It was a one-off faux pas. There was the narcissistic injury of disinheritance followed by feeling indignant rage, grabbing a dagger, and stabbing the old man. He said he didn’t know what he was doing until the stabbing. Hmm. . . Was he cognitively (M’Naughten) insane, losing a sense of wrongfulness in the moment? No, calling anger a mental disease wouldn’t fly. But he said two other things: he was maddened, and he saw red. Maybe he’s saying he couldn’t help himself. Is that a thing, psychiatrically or legally? As it turns out, loss of self-control is on the books in many jurisdictions, a form of short-lived volitional insanity. It’s in the Model Penal Code (MPC) standard; two bites of the apple (cognitive or volitional). Still, was it a mental disease? Or maybe he can say he was provoked by extreme and unexpected cruelty, not insanity but mitigation. No, a dagger in the heart was not a reasonable response. Maybe there’s another option: extreme emotional distress (EED), a kind of mitigation without a standard provocation. I can’t get “mad” and “seeing red” out of my head, I ruminated as I pondered how to respond to the request for service. Can anger excuse or mitigate homicide? Or is it a square peg searching for a round (loop)hole? Three options swirled in my consciousness: insanity, the heat of passion, and EED. What, if anything, could I say that would not readily be apparent to jurors? I continued to reflect on madness, anger, mental disease, reasonableness, excuses, and mitigating factors. The reverie took me to ancient Rome, British and American law, fiction, tabloid journalism, and feminist legal analysis. Dr. Weiss is Clinical Professor of Psychiatry, Perelman School of Medicine, University of Pennsylvania, Philadelphia, PA. Address correspondence to: Kenneth J. Weiss, MD. E-mail: kenweiss@upenn.edu.","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 3","pages":"431-435"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10153683","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}
MD Shelby Montgomery Buckley, MD Myrline Rose Belzince, MD D. Clay Kelly
{"title":"Posttraumatic Stress Disorder in Negligence Claims","authors":"MD Shelby Montgomery Buckley, MD Myrline Rose Belzince, MD D. Clay Kelly","doi":"10.29158/JAAPL.230067-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230067-23","url":null,"abstract":"In Boivin v. Somatex, Inc., 279 A.3d 393 (Me. 2022), the Supreme Judicial Court of Maine ruled that the plaintiff’s employer was entitled to summary judgment because the plaintiff failed to establish a prima facie case that her claim for posttraumatic stress disorder (PTSD) satisfied the state’s physical injury requirement for negligence. The lower court also found that the plaintiff could not recover for negligent infliction of emotional distress (NIED) because she was not a direct victim of the company’s negligence.","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"447 - 448"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42489124","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":"Prolonged Solitary Confinement","authors":"Cecilia Webb, D. C. Kelly","doi":"10.29158/JAAPL.230067L2-23","DOIUrl":"https://doi.org/10.29158/JAAPL.230067L2-23","url":null,"abstract":"was a compensable occupational disease when it arose in the course of employment, and that the employee had the burden to prove the elements of a workers’ compensation claim, including that the employee had an occupational disease. The court noted that the PTSD presumption was invoked when one is employed in one of the enumerated occupations, has been diagnosed with PTSD by a licensed psychologist or psychiatrist, and does not have a previous diagnosis of PTSD. The county had also argued that other presumptions in Minn. Stat. § 176.011 (15) required employees to prove that they experienced a designated disease before the presumption would apply. But the supreme court noted that this section of the statute only mentioned medical diseases and did not use the word “diagnosis.” The court said that different meanings are presumed when the legislature uses different words, here “diagnosis” versus “disease.” Accordingly, the court ruled that the employee only needed to present a diagnosis for the presumption to apply, and that the statute did not require “such a diagnosis to be more credible or persuasive than” a competing diagnosis offered by the employer (Juntunen, p 740). The court upheld the WCCA’s finding that the factors to satisfy the presumption were met. The court also addressed the WCCA’s finding that to rebut the presumption, the employer must present significant proof to the contrary. The employer argued that Dr. Arbisi’s report was adequate to rebut the presumption, but the WCCA had held that because Dr. Arbisi’s report did not specifically address whether the employee had a diagnosis of PTSD in September 2019, it failed to rebut the presumption. The supreme court agreed with this analysis and noted that Dr. Arbisi did not evaluate Mr. Juntunen until 10 months after Mr. Juntunen notified the county of the diagnosis. The court upheld the WCCA’s opinion, and the case was remanded to the compensation judge for benefit determination.","PeriodicalId":47554,"journal":{"name":"Journal of the American Academy of Psychiatry and the Law","volume":"51 1","pages":"450 - 452"},"PeriodicalIF":2.7,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45529112","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}