International Journal of Law and Psychiatry最新文献

{"title":"Capacity and incapacity: An appropriate border for non-consensual interventions?","authors":"Jill Stavert","doi":"10.1016/j.ijlp.2024.102042","DOIUrl":"10.1016/j.ijlp.2024.102042","url":null,"abstract":"<div><div>Those who support decision-making capacity as a criterion for non-consensual interventions for persons with mental disabilities (mental illness, learning disability, neurodivergence, acquired brain injury and dementia) argue that it creates parity between physical and mental health approaches to care, support and treatment. It is also argued that such an approach aligns with European Court of Human Rights direction relating to restrictions of a person with a mental disability's rights under Articles 5 and 8 of the European Convention on Human Rights. Indeed, the presence or absence of decision-making capacity has been adopted as a criterion for non-consensual intervention under mental capacity legislation across all UK jurisdictions. Decision-making capacity has also been adopted as a criterion for psychiatric treatment interventions under the Mental Capacity Act (Northern Ireland) 2016 and the Mental Health (Care and Treatment) (Scotland) Act 2003.</div><div>More recently, however, the use of decision-making capacity as a determining factor for intervention has been challenged on human rights, particularly following the adoption of the Convention on the Rights of Persons with Disabilities, and on practical support grounds. This was considered by the Scottish Mental Health Law Review (2019–2022) which recommended an alternative, arguably more human rights compliant and support effective, Autonomous Decision-Making test.</div><div>This article will consider the use of mental capacity as an appropriate border for non-consensual interventions under mental health and capacity law. In doing so, it will consider the wider arguments for and against such use, how this was addressed by the Scottish Mental Health Law Review and what lessons may be learned from this exercise.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"98 ","pages":"Article 102042"},"PeriodicalIF":1.4,"publicationDate":"2024-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142723823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Child maltreatment and suicidal ideation among justice–and welfare–involved adolescents in Nigeria: Investigating the mediating role of social support and emotion regulation","authors":"Wasiu Olorunlambe ,&nbsp;Sherifat Adeniyi","doi":"10.1016/j.ijlp.2024.102040","DOIUrl":"10.1016/j.ijlp.2024.102040","url":null,"abstract":"<div><h3>Background</h3><div>Suicidal ideation is a global public health burden and justice and welfare–involved adolescents are more affected than the general population. Past studies have examined its risk and protective factors among adolescents. However, the association between child maltreatment and suicidal ideation remains an under-studied topic among at-risk adolescents in low- and middle-income countries. This study filled this gap by examing the association between child maltreatment and suicidal ideation among two high-risk adolescents in Nigeria</div></div><div><h3>Methods</h3><div>The purpose of this study was to examine the nexus between child maltreatment and suicidal ideation. A cross-sectional design was adopted through multi-stage sampling. Suicidal ideation was measured using a validated self-report Massachusetts Youth Screening Instrument (MAYSI-2). Child maltreatment was measured using a validated self-report intrusment (ICAST-C). The sample comprised 205 respondents: justice-involved adolescents (102 (49.8 %) and welfare-involved adolescents (103 (50.2 %). Among them, 151 (73.7 %) were males, while 54 (26.3 %) were females.</div></div><div><h3>Results</h3><div>Half (51 %) of the adolescents in detention and 39 % of the adolescents in residential care reported suicidal ideation. Emotional abuse (OR = 0.072; 95CI% –412, 0.75, <em>p</em> &lt; .001), no parent is alive (OR = 0<strong>.</strong>502; 95CI% 0.234–3.15; p &lt; .001), one parent is alive (OR = 0.522; 95 %CI 0.207, 3.09; <em>p</em> &lt; .025<strong>)</strong> and female gender (OR = −0.22; 95CI% -1.37- 207; <em>p</em> &lt; .008) predicted suicidal ideation. Suicidal ideation was comorbid with depressed-anxious symptoms (OR = 1.46; 95 %CI 1.172, 1.83; <em>p</em> &lt; .001) accounting for 31 % (Nagelkerke R²) of the variance. Social support had an indirect effect on suicidal ideation via emotional abuse (OR = 0.072; 95 % CI = −412–0.75).</div></div><div><h3>Conclusion</h3><div>The findings underscore the influence of child maltreatment and family background on suicidal ideation. Interventions should include emotional abuse in suicide screening. Children who have lost one or both parents should be the primary focus of interventions.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"98 ","pages":"Article 102040"},"PeriodicalIF":1.4,"publicationDate":"2024-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142695451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Recent research involving consent, alcohol intoxication, and memory: Implications for expert testimony in sexual assault cases","authors":"Tara L. Cornelius ,&nbsp;Kristen N. Jozkowski ,&nbsp;Jody M. Ross ,&nbsp;Dennis E. Reidy ,&nbsp;Shaun M.J. Wehle ,&nbsp;Jeff R. Temple ,&nbsp;Michelle Drouin","doi":"10.1016/j.ijlp.2024.102034","DOIUrl":"10.1016/j.ijlp.2024.102034","url":null,"abstract":"<div><div>When adjudicating sexual assault cases, it is imperative that attorneys are educated on the incident characteristics relevant to their case and that expert witnesses are prepared to consult and/or testify regarding relevant science. Most reported sexual assault cases occur when at least one of the relevant parties has consumed alcohol, which has neurochemical, behavioral, psychological, and cognitive effects that are important to consider relative to the facts of the case. Nearly a decade ago, Connell (2015) provided an overview of research relevant to an expert witness's role in these types of cases. In the current review, we extend Connell's (2015) work by examining recent research examining alcohol intoxication and memory. We also expand our review to include current research examining alcohol use in voluntary sexual behavior and issues of sexual consent, as it provides both a legal and conceptual framework for the discussion of sexual assault crimes. The goal of the review is to highlight implications of the scientific research on legal decision-making and potential expert testimony.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102034"},"PeriodicalIF":1.4,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142555634","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":"Special criminal sanctions for offenders with mental disorders: Tendencies and challenges in Bulgaria and Norway","authors":"Linda Gröning ,&nbsp;Slavka Dimitrova","doi":"10.1016/j.ijlp.2024.102037","DOIUrl":"10.1016/j.ijlp.2024.102037","url":null,"abstract":"<div><div>This paper provides a comparative discussion of the use of special criminal sanctions for offenders with mental disorders in Bulgaria and Norway. Such sanctions can be used in both countries for offenders that are acquitted by reason of their mental state at the time of the act to prevent them from reoffending. The overall focus is to discuss the tendencies and challenges regarding the institutionalization of people with mental disorders and the use of special criminal sanctions to this end. The authors investigate how Bulgaria and Norway differ regarding how these sanctions and related mental health and forensic systems are organized. Moreover, the authors contextualize these findings in view of the major differences between the countries regarding available mental health resources and capacities. The authors show that both countries have several challenges, including the conditions in hospitals and mental health stigma, but that these are somewhat different in character and severity. An intriguing observation is that a problematic increase of the use of the criminal justice system to hospitalize people with mental disorders seems to happen in Norway but not in Bulgaria, and that this difference seems to be attributed to resources.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102037"},"PeriodicalIF":1.4,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142606898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Homicides by offenders with psychotic illness in Italy and Turkiye: A comparison of offender and crime-scene profiles","authors":"Yasin Hasan Balcioglu ,&nbsp;Anna Margari ,&nbsp;Alperen Yildiz ,&nbsp;Gabriele Mandarelli ,&nbsp;Lia Parente ,&nbsp;Fulvio Carabellese ,&nbsp;Rustem Dogan Uzlar ,&nbsp;Roberto Catanesi ,&nbsp;Fatih Oncu ,&nbsp;Felice Carabellese","doi":"10.1016/j.ijlp.2024.102041","DOIUrl":"10.1016/j.ijlp.2024.102041","url":null,"abstract":"<div><h3>Objective</h3><div>The primary aim of this study was to conduct a comparative analysis of homicide cases and their perpetrators with psychotic illnesses in Italy and Turkiye, identifying the extent to which country-specific factors influence offender profiles and crime-scene characteristics.</div></div><div><h3>Method</h3><div>This cross-national chart review study recruited individuals with psychotic illnesses from forensic psychiatric centers in Italy and Turkiye who were referred for criminal responsibility assessments. Data were collected on the offenders' background characteristics, psychiatric history, victim profiles, and crime-scene details.</div></div><div><h3>Results</h3><div>Compared to the Italian sample, a higher prevalence of hospitalizations, contact with mental health services, and past offending history prior to the index homicide in the Turkish sample highlight inadequate community mental health care and monitoring systems, as well as insufficient supervision by the criminal justice system in Turkiye. Turkish offenders were less likely to exhibit organized crime scenes and post-crime behavior, with fewer stressors preceding the offense, suggesting a greater role of positive psychotic symptoms in their homicidal acts.</div></div><div><h3>Conclusion</h3><div>Despite certain similarities, the differences between the two samples highlight the impact of sociocultural, healthcare, and legal systems on offender profiles and crime-scene characteristics. These findings emphasize the need for tailored mental health services, forensic psychiatric assessments and legal supervision that take into account country-specific factors.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102041"},"PeriodicalIF":1.4,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142630549","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":"Comparison of sociodemographic, clinical, and alexithymia characteristics of schizophrenia patients with and without criminal records","authors":"Dilek Baysal ,&nbsp;Vesile Senturk Cankorur","doi":"10.1016/j.ijlp.2024.102036","DOIUrl":"10.1016/j.ijlp.2024.102036","url":null,"abstract":"<div><div>The primary objective of our study is to delineate differences between individuals diagnosed with schizophrenia who have a criminal record and those diagnosed with schizophrenia without a criminal record in terms of sociodemographic and clinical characteristics, levels of intelligence and insight, alexithymia, psychological symptoms, aggression, and impulsivity violence. In doing so, we aim to determine whether these findings serve as predictive indicators in the commission and prediction of criminally relevant actions in individuals diagnosed with schizophrenia. This study was conducted with patients aged 18–65 who were diagnosed with ‘schizophrenia’ according to DSM-5 diagnostic criteria and received outpatient follow-up and treatment. Our study consists of a total of 100 individuals diagnosed with schizophrenia, with 50 having a criminal record and 50 without. The results of the study demonstrated statistically significant differences between the forensic case and control groups in terms of gender, marital status, and educational status. Additionally, it was determined that there was a significant difference in the difficulty describing feelings between the forensic case and control groups. Statistically significant differences were obtained between the two groups in terms of BPAQ total score, the physical aggression subscale, and the anger subscale scores. There was also a statistically significant difference in terms of the BIS-11-SF total score, attention impulsivity, motor impulsivity, and non-planning subscales. Regression analysis indicated that gender, marital status, educational status, age of illness onset, difficulty in verbalizing emotions, overall aggression level, physical aggression, anger, overall impulsivity level, attention impulsivity, motor impulsivity, and inability to plan were associated with forensic behaviors in patients with schizophrenia. As a result, there is a need for studies that encompass larger and more diverse sample groups and patients from different regions. Additionally, these studies should incorporate scales and methods that comprehensively analyze both positive and negative symptoms.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102036"},"PeriodicalIF":1.4,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142555635","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":"Assessing mental capacity in the context of abuse and neglect: A relational lens","authors":"Deborah O'Connor ,&nbsp;Joan Braun ,&nbsp;Natasha Marriette ,&nbsp;Kelly Purser","doi":"10.1016/j.ijlp.2024.102027","DOIUrl":"10.1016/j.ijlp.2024.102027","url":null,"abstract":"<div><div>Mental capacity (MC) is increasingly recognized as one of the most complex and nuanced constructs that has legal, health and social care implications. Although the UN (2006) Convention on the Rights of Persons with Disabilities (CRPD) provides a strong foundation for asserting a rights-based approach that arguably calls into question the use of this construct entirely, a more moderate, practically-focused approach recognizes that mental (in)capacity continues to be invoked as the justification for over-ruling individual choice. In keeping with the philosophy of the CRPD then, and human rights-based principles more broadly, mental capacity must be (re)envisioned to achieve compliance with more rights-based, contextualized directives. This necessitates developing new approaches to the assessment of decision-making capability (DMC) – the process whereby mental capacity is evaluated in practice settings – that move beyond simplistic cognitive approaches to recognize capacity as a dynamic, socio-relational process. The purpose of this paper is to begin to identify the challenges and opportunities associated with this reconceptualization particularly in situations of abuse and neglect.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102027"},"PeriodicalIF":1.4,"publicationDate":"2024-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142510460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mediating the court procedural justice–delinquency relationship with certainty perceptions and legitimacy beliefs","authors":"Glenn D. Walters","doi":"10.1016/j.ijlp.2024.102031","DOIUrl":"10.1016/j.ijlp.2024.102031","url":null,"abstract":"<div><div>A mediation analysis was performed with perceptual and cognitive mediators to investigate the effect of court procedural justice on subsequent delinquency. The hypothesis tested in this study held that court procedural justice would promote a change in perceived certainty of punishment, a change in perceived certainty would foster change in institutional legitimacy, and institutional legitimacy would lead to a reduction in offending. This two-mediator model was tested in a sample of 1354 (1170 males, 184 females) serious delinquent youth from the Pathways to Desistance study. Results from a four-equation causal mediation analysis revealed that a significant pathway ran from strong court procedural justice perceptions to increased certainty of punishment to high institutional legitimacy to low delinquency. Conversely, there was no evidence of a significant pathway running from strong certainty of punishment to increased court procedural justice to high institutional legitimacy to low delinquency. These results provide insight into how strong perceptions of court procedural justice may indirectly contribute to decreased delinquency over time, while offering clues on how this process can be managed with policy initiatives and treatment interventions.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102031"},"PeriodicalIF":1.4,"publicationDate":"2024-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142510461","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":"RECAPACITA project: Comparing neuropsychological profiles in people with severe mental disorders, with and without capacity modification","authors":"Marcó-García Silvia ,&nbsp;Guilera Georgina ,&nbsp;Ferrer-Quintero Marta ,&nbsp;Ochoa Susana ,&nbsp;Escuder-Romeva Gemma ,&nbsp;Rubio-Abadal Elena ,&nbsp;Martínez-Mondejar Arantxa ,&nbsp;del Cacho Núria ,&nbsp;Montalbán-Roca Vanessa ,&nbsp;Escanilla-Casal Ana ,&nbsp;Balsells-Mejía Sol ,&nbsp;Huerta-Ramos Elena","doi":"10.1016/j.ijlp.2024.102035","DOIUrl":"10.1016/j.ijlp.2024.102035","url":null,"abstract":"<div><div>Mental capacity assessment plays a crucial role in decision-making, especially in psychiatric contexts, where legal frameworks for determining capacity vary widely. This study explores the relationship between cognitive functioning and decision-making capacity modification (CM) in severe mental disorders (SMD), shedding light on the importance of neuropsychological evaluation in CM processes. Cross-sectional descriptive study, with 77 adult patients with SMD and CM, and 33 without CM from the mental health sector of Parc Sanitari Sant Joan de Déu (Spain). CM, sociodemographic and neuropsychological data were collected. An independent brief assessment of patients' mental capacity was also evaluated. There is an overrepresentation of males in CM processes. All three groups exhibit mild multidomain dysfunction, with impairments in executive functions, memory, and processing speed. Individuals with CM show poorer verbal learning capacity, with an impact on their occupational and family functioning. Mnemonic encoding positively correlates with mental capacity to decide, suggesting it could preliminarily be considered a potential predictive marker in CM processes. This study contributes insights into the cognitive aspects of CM in SMD, underscoring the need for a comprehensive approach integrating clinical, cognitive, and social factors in assessing decision-making capacity in this population.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102035"},"PeriodicalIF":1.4,"publicationDate":"2024-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142510462","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":"Generative artificial intelligence (GenAI) and decision-making: Legal & ethical hurdles for implementation in mental health","authors":"Barry Solaiman","doi":"10.1016/j.ijlp.2024.102028","DOIUrl":"10.1016/j.ijlp.2024.102028","url":null,"abstract":"<div><div>This article argues that significant risks are being taken with using GenAI in mental health that should be assessed urgently. It recommends that guidelines for using generative artificial intelligence (GenAI) in mental health care must be established promptly. Currently, clinicians using chatbots without appropriate approval risk undermining legal protections for patients. This could harm the patient and undermine the standards of the profession, undermining trust in an area where human involvement in decision-making is critical. To explore these concerns, this paper is divided into three parts. First, it examines the needs of patients in mental health. Second, it explores the potential benefits of GenAI in mental health and highlights the risks of its use as it pertains to patient needs. Third, it notes the ethical and legal concerns around data use and medical liability that require careful attention. The impact of the European Union's (EU) Artificial Intelligence Act (AI-Act) is also considered. It will be seen that these laws are insufficient in the context of mental health. As such, the paper recommends that guidelines should be developed to help resolve the existing legal gaps until codified rules are established.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102028"},"PeriodicalIF":1.4,"publicationDate":"2024-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142477708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}