International Journal of Law and Psychiatry最新文献

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Perceptions of bias and credibility of male and female clinical psychologist and psychiatrist expert witnesses presenting clinical information in the courtroom 对在法庭上提供临床信息的男性和女性临床心理学家和精神病学家专家证人的偏见和可信度的看法
IF 1.4 4区 医学
International Journal of Law and Psychiatry Pub Date : 2024-09-01 DOI: 10.1016/j.ijlp.2024.102016
{"title":"Perceptions of bias and credibility of male and female clinical psychologist and psychiatrist expert witnesses presenting clinical information in the courtroom","authors":"","doi":"10.1016/j.ijlp.2024.102016","DOIUrl":"10.1016/j.ijlp.2024.102016","url":null,"abstract":"<div><p>Expert witness credentials and gender have independently been shown to influence jurors' perceptions of expert witness credibility and legal decision-making. This study examined how manipulations of expert witness gender (Male/Female) and profession (Consultant Clinical Psychologist/Consultant Psychiatrist) together affected mock jurors' perceptions of expert witness credibility, judgements, and decision-making. Mock jurors (<em>N</em> = 182; 80.9 % were White) were recruited from England and Wales and were randomly assigned to watch a video-recorded mock expert witness testimony. Participants rated the expert witness using the Witness Credibility Scale and reported the likelihood of assigning the defendant to a guilty verdict. Results showed significant interaction effects of expert witness gender and profession on jurors' perceptions of their likeability, trustworthiness, knowledge, and total credibility. Male psychiatrists, followed by female clinical psychologists, received the highest scores in most credibility variables. Varied main effects of expert witness gender and profession on credibility were also found. Overall, jurors' ratings of expert witness credibility, when controlled by the expert's gender and profession, predicted jurors' determination of guilt. This study provides evidence of a potential interaction effect between profession and gender in expert witness credibility and supports existing research linking credibility with ultimate decision-making. More research is needed to understand jurors' unconscious biases and cognitive processes in making legal decisions.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0160252724000657/pdfft?md5=d513bed6054e8c1ec0330e144eab9f7b&pid=1-s2.0-S0160252724000657-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142097146","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}
引用次数: 0
Which diagnoses and arguments regarding severe mental disorder do forensic psychiatric experts in Sweden consider in different cases? A qualitative vignette study 瑞典的法医精神病学专家在不同的案件中会考虑哪些有关严重精神障碍的诊断和论据?定性小故事研究
IF 1.4 4区 医学
International Journal of Law and Psychiatry Pub Date : 2024-08-20 DOI: 10.1016/j.ijlp.2024.102003
{"title":"Which diagnoses and arguments regarding severe mental disorder do forensic psychiatric experts in Sweden consider in different cases? A qualitative vignette study","authors":"","doi":"10.1016/j.ijlp.2024.102003","DOIUrl":"10.1016/j.ijlp.2024.102003","url":null,"abstract":"<div><p>The decision-making process of experts in forensic psychiatric investigations (FPI) is complex and reasoning regarding psychiatric diagnosis and <em>severe mental disorder</em> (SMD, the judicial concept central to legal exemption in Swedish law) has severe ramifications. Nevertheless, the qualitative aspects of FPI experts' decision-making process have seldom been studied systematically. <em>Method.</em> The participants (<em>N</em> = 41) were FPI experts: forensic psychiatrists (<em>n</em> = 15), forensic psychologists (<em>n</em> = 15) and forensic social workers (<em>n</em> = 11). Using three case vignettes and qualitative content analysis, it was explored how case-specific characteristics could affect which hypotheses FPI experts generated regarding a) psychiatric diagnosis and b) <em>severe mental disorder</em> and c) which information sources they required. Each case vignette described a diagnostically ambiguous case but indicated emphasis on: psychotic symptoms (<span><span>case 1</span></span>); personality disorder symptoms (<span><span>case 2</span></span>) and neurodevelopmental disorder symptoms (<span><span>case 3</span></span>). <em>Results</em>. Experts reasoned in a similar manner regarding generating hypotheses and required information, but also in a case-adapted manner. Experts considered various diagnostic alternatives, and some (e.g. psychosis) were mentioned for all three cases. Other diagnoses were only suggested as hypotheses in certain cases (e.g. <span><span>case 3</span></span>: intellectual disability). <em>Discussion.</em> In Sweden, a core basis for SMD is psychotic-like functioning, and psychosis was suggested as a hypothesis for all three cases. Experts reasoned in similar ways regarding SMD in all cases, considering various perspectives for and against SMD. Some case-specific arguments for and against SMD adapted to the psychopathological circumstances were found. These could be related to aspects of the SMD concept that become important to ascertain when the type of psychopathology indicated in the case vignette was present; for example, ascertaining reality monitoring for a person with potential delusions of being followed by a criminal gang requires investigation of criminal history and related conflicts. Taken together, FPI-experts considered a broad range of psychiatric diagnoses in various cases. Their reasoning regarding SMD was both based on general and case-specific (or psychopathology-specific) factors.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142012161","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
Legal consciousness of psychiatric patients in Israeli hospitals: Awareness and satisfaction 以色列医院精神病患者的法律意识:意识和满意度。
IF 1.4 4区 医学
International Journal of Law and Psychiatry Pub Date : 2024-08-09 DOI: 10.1016/j.ijlp.2024.102015
{"title":"Legal consciousness of psychiatric patients in Israeli hospitals: Awareness and satisfaction","authors":"","doi":"10.1016/j.ijlp.2024.102015","DOIUrl":"10.1016/j.ijlp.2024.102015","url":null,"abstract":"<div><p>The paper contributes to the literature on legal consciousness in medical settings by focusing on psychiatric patients' understanding of rights during hospitalization in Israeli psychiatric wards. It asks whether hospital personnel act as agents who promote patients' legal consciousness and whether patients are aware of their legal and social rights during hospitalization.</p><p>The data for this study were derived from the Patient Experience Survey of Psychiatric Public Hospitals, a comprehensive survey conducted by the Israel Ministry of Health in 2017. The survey included two variables that were used to measure patients' legal consciousness: legal consciousness with hospitalization rights and legal consciousness with social rights. To predict legal consciousness and patient satisfaction, a logistic regression model was employed.</p><p>The analysis reveals low rates of patients' awareness of hospitalization and social rights, varying between 55 and 66%, respectively. Variations in awareness are not strongly associated with patients' socioeconomic and demographic attributes or with hospital characteristics but are somewhat associated with hospitalization conditions. The data also reveal that awareness of legal rights (whether hospitalization rights or social rights) is likely to increase satisfaction with the hospitalization experience.</p><p>The analysis underscores a significant finding. Patients' awareness of their legal rights during hospitalization is limited. Interestingly, this awareness is more influenced by the conditions of hospitalization than by the patients' socio-demographic attributes. This research also provides insights into the potential role of legal awareness in shaping patients' attitudes toward treatment and enhancing their satisfaction during hospitalization.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141914265","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
Corrigendum to “The mediating role of state anger in the associations between intentions to participate in the criminal trial and psychopathology in traumatically bereaved people” [International Journal of Law and Psychiatry volume 85 (2022) 101840] 对 "国家愤怒在创伤丧亲者参与刑事审判的意愿与精神病理学之间的关联中的中介作用 "的更正[《国际法律与精神病学杂志》第85卷(2022年)101840]
IF 1.4 4区 医学
International Journal of Law and Psychiatry Pub Date : 2024-07-01 DOI: 10.1016/j.ijlp.2024.102008
{"title":"Corrigendum to “The mediating role of state anger in the associations between intentions to participate in the criminal trial and psychopathology in traumatically bereaved people” [International Journal of Law and Psychiatry volume 85 (2022) 101840]","authors":"","doi":"10.1016/j.ijlp.2024.102008","DOIUrl":"10.1016/j.ijlp.2024.102008","url":null,"abstract":"","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0160252724000578/pdfft?md5=5e25e7db2154a0800207b6d2ffcafb34&pid=1-s2.0-S0160252724000578-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141637171","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}
引用次数: 0
Utilising survey data and qualitative information to inform a logic model to support older people in custody with common mental and physical health problems: Addressing the physical and mental health needs of older prisoners (the PAMHOP study) 利用调查数据和定性信息为逻辑模型提供信息,以支持有常见身心健康问题的在押老年人:解决老年囚犯的身心健康需求(PAMHOP 研究)。
IF 1.4 4区 医学
International Journal of Law and Psychiatry Pub Date : 2024-07-01 DOI: 10.1016/j.ijlp.2024.102002
Amanda E. Perry , Thirimon Moe-Byrne , Sarah Knowles , John Schofield , Chidsanu Changsiripun , Rachel Churchill , Kevin Williamson , David Marshall , Steve Parrott
{"title":"Utilising survey data and qualitative information to inform a logic model to support older people in custody with common mental and physical health problems: Addressing the physical and mental health needs of older prisoners (the PAMHOP study)","authors":"Amanda E. Perry ,&nbsp;Thirimon Moe-Byrne ,&nbsp;Sarah Knowles ,&nbsp;John Schofield ,&nbsp;Chidsanu Changsiripun ,&nbsp;Rachel Churchill ,&nbsp;Kevin Williamson ,&nbsp;David Marshall ,&nbsp;Steve Parrott","doi":"10.1016/j.ijlp.2024.102002","DOIUrl":"10.1016/j.ijlp.2024.102002","url":null,"abstract":"<div><p>A growing number of older people remain in custody each year resulting in an increasing number of common mental and physical health concerns. No prior evidenced-based targeted psychological interventions support this group of people, and little is known about their needs, current activities, and health-related problems. We addressed these gaps through a project involving older prisoners, prison staff and a project advisory group in one male and one female prison site in the North of England. Systematic review evidence supports the development of an implementation tool kit addressing strategies to develop and deliver interventions that are sustainable, acceptable, and feasible in the prison environment. Prison strategies need to specifically address the needs of older people in custody. Relatively inexpensive activities, with some thought to delivery and flexibility have the potential to benefit common mental and physical health, increasing quality of life, reducing high economic and social cost, mortality, and reoffending in this age group.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0160252724000517/pdfft?md5=e78b28b009bd738ad41d63eb2c71421d&pid=1-s2.0-S0160252724000517-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141538729","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}
引用次数: 0
Social support and trauma experiences of imprisoned men in Northern Ireland 北爱尔兰被监禁男子的社会支持和创伤经历。
IF 1.4 4区 医学
International Journal of Law and Psychiatry Pub Date : 2024-07-01 DOI: 10.1016/j.ijlp.2024.102005
Daniel McFadden, Gavin Davidson, Michelle Butler
{"title":"Social support and trauma experiences of imprisoned men in Northern Ireland","authors":"Daniel McFadden,&nbsp;Gavin Davidson,&nbsp;Michelle Butler","doi":"10.1016/j.ijlp.2024.102005","DOIUrl":"10.1016/j.ijlp.2024.102005","url":null,"abstract":"<div><h3>Background</h3><p>Social Support has multiple benefits for health and mental wellbeing. Its existence, and the extent to which it can be beneficial, is dependent upon the context in which it is provided, and the recipients' view of it. Social support has long been established as a ‘buffer’ to the negative impact of stressful life experiences. Trauma can negatively impact upon social support, reducing the extent of social networks and ability of some trauma experienced individuals to sustain extensive social support networks. However, some trauma experiences can also strengthen social relationships. Imprisoned men are disproportionately likely to have experienced a traumatic event when compared with the general population. Past research has found that traumatic events can lead to a decrease in social support among imprisoned men but more research is needed to understand the variations in perceived social support experienced by imprisoned men and to determine how different types of trauma may be related to perceived social support.</p></div><div><h3>Method</h3><p>A cross-sectional survey of 384 adult men detained in the Northern Ireland Prison Service was conducted between November 2022 and January 2023. The survey collected data on the men's demographics, mental health, substance use, and criminal history. Respondents were also asked to complete a Trauma History Questionnaire (THQ) and the Multi-dimensional Scale of Perceived Social Support (MSPSS). Regression analysis was then used to investigate the possible associations between individual characteristics, different types of trauma experiences and perceived social support.</p></div><div><h3>Results</h3><p>Most types of trauma experiences were not associated with lower levels of perceived social support. Only those who had experienced crime related trauma were more likely to report lower levels of social support. Older imprisoned men and those using substances were more likely to report lower levels of perceived social support, while those who had served a sentence of less than one year reported higher levels of perceived social support.</p></div><div><h3>Discussion</h3><p>Crime related trauma experiences were found to be associated with lower levels of perceived social support. There were no significant findings around perceived social support and any of the other trauma types i.e. physical, sexual and general disaster experiences. Trauma informed policy responses should be cognisant of this, as those with experiences of crime related victimisation are less likely to have the social support needed to buffer against future trauma experiences. The findings demonstrate that some individuals experience lower levels of perceived social support and several factors are associated with this including age, time served and substance use history. This will potentially impact upon them during release and affect their reintegration into society. Specific policies aimed at these groups should be cons","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0160252724000542/pdfft?md5=5897c5576dc823e6301804f0a50bf353&pid=1-s2.0-S0160252724000542-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141535626","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}
引用次数: 0
The reform of Irish mental health law: Aligning with human rights obligations? 爱尔兰精神健康法的改革:与人权义务保持一致?
IF 1.4 4区 医学
International Journal of Law and Psychiatry Pub Date : 2024-07-01 DOI: 10.1016/j.ijlp.2024.102004
Charles O'Mahony
{"title":"The reform of Irish mental health law: Aligning with human rights obligations?","authors":"Charles O'Mahony","doi":"10.1016/j.ijlp.2024.102004","DOIUrl":"10.1016/j.ijlp.2024.102004","url":null,"abstract":"<div><p>This article critically examines the proposed reforms to Irish mental health law the <em>Mental Health Act 2001</em> (2001 Act). The article will provide background to the 2001 Act and the lengthy law reform process, which has resulted in the publication of the Heads of Bill that propose significant amendments. The article assesses the suggested reforms, considering Ireland's 2018 ratification of the UN Convention on the Rights of Persons with Disabilities (CRPD), which provides important context to the law reform process. The 2001 Act is the primary piece of legislation regulating mental health services and safeguarding the rights of persons subject to the legislation in Ireland. While passed in 2001, the legislation did not come into effect until 2006. The 2001 Act was seen as bringing Irish mental health law into compliance with international human rights law, in particular the European Convention on Human Rights (ECHR). However, Ireland's ratification of the CRPD has necessitated closer scrutiny of the legislation. This review has culminated in the publication of a Heads of Bill in July 2021 and pre-legislative scrutiny by the responsible parliamentary committee in 2022. The long title of the Heads of Bill explicitly states its goal of safeguarding individual autonomy and underscores its commitment to upholding and advancing the rights of people subject to the legislation. The analysis of the Heads of Bill addresses several key areas. These areas include a background to the long process of review, new guiding principles, the category of persons under the mental health legislation, mental health tribunals, consent to treatment, advance healthcare directives, provisions relating to children and young people, and independent advocacy. Based on this analysis of the Heads of Bill, recommendations are suggested which would strengthen respect for the human rights of persons subject to the legislation.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0160252724000530/pdfft?md5=9839accb1d050c9fdabaefa254cfa4ab&pid=1-s2.0-S0160252724000530-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141471609","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}
引用次数: 0
Forensic criteria, clinical and theoretical issues of the indication of court-ordered treatment: A comparative survey among experts in forensic psychiatry and sentencing judges in France 法院判决治疗的法医标准、临床和理论问题:对法国法医精神病学专家和判刑法官的比较调查。
IF 1.4 4区 医学
International Journal of Law and Psychiatry Pub Date : 2024-07-01 DOI: 10.1016/j.ijlp.2024.102006
Bénédicte Roux , Pascale Giravalli , Lucile Tuchtan , Clémence Delteil , Christophe Bartoli , Jokthan Guivarch
{"title":"Forensic criteria, clinical and theoretical issues of the indication of court-ordered treatment: A comparative survey among experts in forensic psychiatry and sentencing judges in France","authors":"Bénédicte Roux ,&nbsp;Pascale Giravalli ,&nbsp;Lucile Tuchtan ,&nbsp;Clémence Delteil ,&nbsp;Christophe Bartoli ,&nbsp;Jokthan Guivarch","doi":"10.1016/j.ijlp.2024.102006","DOIUrl":"10.1016/j.ijlp.2024.102006","url":null,"abstract":"<div><p>Following the French law n° 98–468 of 17 June 1998 relative to the prevention of sexual offenses and the protection of minors, social and judicial follow-up and court-ordered treatment were introduced with the aim of reinforcing the prevention of recidivism. Court-ordered treatment is one of the possible obligatory measures provided for by social and judicial follow-up. However, there is no consensus between the different professionals concerning the criteria of indication and the final purpose of this measure. Most of the few available studies are retrospective. Only rare studies have assessed the influence of criminological factors on the indication of court-ordered treatment.</p><p>We carried out a nation-wide qualitative comparative study in two populations, psychiatric experts and sentencing judges, by means of e-mail questionnaires. The aim was to determine the criteria for court-ordered treatment according to psychiatric experts and to sentencing judges, to identify the criteria that gave rise to differences in appreciation between these professionals, and to attempt to explain these differences. The secondary aim of the study was to determine the methods and tools used in expert practice to evaluate dangerousness and risk of recidivism.</p><p>We obtained 20 responses in each of the two populations. The great majority of psychiatric experts and sentencing judges considered that court-ordered treatment was appropriate when the offender presented with psychiatric dangerousness, and so with an underlying mental disorder. When a subject had no identified mental disorder, the psychiatrists were divided in their opinion, whereas the majority of sentencing judges were in favor of court-ordered treatment. Opinions differed particularly significantly between the two populations in four circumstances: a subject with an antisocial/psychopathic personality disorder, a subject who denied the alleged acts, the influence of precarious social circumstances and the influence of instability in intimate relationships. The majority of experts used international classifications (DSM-5 and ICD-10) as a basis for their psychiatric diagnosis. Just under half of those surveyed used structured or semi-structured interview guides and only a few stated that they used standardized actuarial tools to assess risk of recidivism.</p><p>The concepts of care, dangerousness and mental disorder are associated with multiple representations that certainly play a part in the disagreements between the different professionals. It is of prime importance to define these concepts more clearly in order to encourage the use of a common language and to clarify the indications and purpose of court-ordered treatment. We also hypothesize that disagreements between professionals regarding the criteria for court-ordered treatment may be related to certain difficulties raised by the management of the convicted person. The development of guidelines that could be used by all professiona","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141555723","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
Bio-behavioral scientific evidence alters judges' sentencing decision-making: A quantitative analysis 生物行为科学证据改变法官的量刑决策:定量分析。
IF 1.4 4区 医学
International Journal of Law and Psychiatry Pub Date : 2024-07-01 DOI: 10.1016/j.ijlp.2024.102007
Mia A. Thomaidou, Colleen M. Berryessa
{"title":"Bio-behavioral scientific evidence alters judges' sentencing decision-making: A quantitative analysis","authors":"Mia A. Thomaidou,&nbsp;Colleen M. Berryessa","doi":"10.1016/j.ijlp.2024.102007","DOIUrl":"10.1016/j.ijlp.2024.102007","url":null,"abstract":"<div><p>The present study surveyed judges to examine how they consider and apply scientific information during sentencing determinations. Judges in criminal courts are increasingly asked to assess and make decisions based on evidence surrounding psychiatric disorders, with unclear results on sentencing outcomes. We qualitatively interviewed 34 judges who have presided over criminal cases in 16 different states and also administered vignette surveys during the interviews. We asked them to make sentencing decisions for hypothetical defendants in cases presenting evidence of either no psychiatric disorder, an organic brain disorder, or past trauma, as well as to rate the importance of different goals of sentencing for each case. Results indicated that the case presenting no evidence of a mental health condition received significantly more severe sentences as compared to either psychiatric condition. Judges' ratings of sentencing goals showed that the importance of retribution was a significant mediator of this relationship. Trauma was not deemed to be as mitigating as an organic brain disorder. These results provide unique insights into how judges assess cases and consider sentencing outcomes when presented with scientific information to explicate defendants' behavior. We propose ways forward that may help better integrate scientific understandings of behavior into criminal justice decision-making.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0160252724000566/pdfft?md5=25fbbfcfdc9240d94d8e3674a87b258a&pid=1-s2.0-S0160252724000566-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141591736","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}
引用次数: 0
Therapeutic and non-therapeutic practices in the child justice system in Kenya: A therapeutic jurisprudence perspective 肯尼亚儿童司法系统中的治疗和非治疗做法:从治疗法学的角度。
IF 2.3 4区 医学
International Journal of Law and Psychiatry Pub Date : 2024-06-04 DOI: 10.1016/j.ijlp.2024.101993
Florence Mueni Muema , Anna Kawałek
{"title":"Therapeutic and non-therapeutic practices in the child justice system in Kenya: A therapeutic jurisprudence perspective","authors":"Florence Mueni Muema ,&nbsp;Anna Kawałek","doi":"10.1016/j.ijlp.2024.101993","DOIUrl":"10.1016/j.ijlp.2024.101993","url":null,"abstract":"<div><p>Child justice systems are specialized jurisdictions set up for the purpose of providing justice related services to children. In an effort to resolve many of the systemic injustices expereinced by justice involved children, Kenya recently legislated the Children Act 2022. This new law is viewed as a paradigm shift from previous children acts as it incorporates constitutional provisions, UN conventions, minimum rules and other international protocols that Kenya is a state party to. The Act seeks to transform the child justice system into a jurisdiction which is more amenable to prioritising the mental wellbeing of children. The current study sought to examine the practices applied by state child justice agencies and whether these were therapeutic or non- therapeutic. This would clarify areas where the Act may need to be amended or reviewed to further its own goals. The findings revealed that the most non-therapeutic procedures centred on the courtroom such as the formal court environment and children facing perpetrators in court as well as limited access to mental health services. Therapeutic practices included ensuring children access treatment, use of child friendly interviewing techniques and testifying in camera. These may guide justice actors as to how they apply the Children Act 2022 within their own contexts whilst developing rules and standards that embody the principles of therapeutic jurisprudence.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141263090","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
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