International Journal of Law and Psychiatry最新文献

{"title":"Hoarding disorder, therapeutic jurisprudence and residential tenancy law: A complex relationship and opportunities for reform","authors":"Adam Finkelstein,&nbsp;Marie Bismark,&nbsp;Rebecca Bentley,&nbsp;Erika Martino","doi":"10.1016/j.ijlp.2025.102125","DOIUrl":"10.1016/j.ijlp.2025.102125","url":null,"abstract":"<div><div>For many, home represents comfort and security. However, for renters living with hoarding disorder, stable housing is often at risk. Hoarding disorder is a chronic mental illness associated with significant public health risks to both communities and individuals across jurisdictions. Internationally, residential tenancy laws often address hoarding using blunt legal measures at odds with the treatment needs of people living with the condition, which can negatively impact their health and wellbeing and potential recovery.</div><div>Leveraging a therapeutic jurisprudence framework to consider biopsychosocial outcomes, this paper examines residential tenancy laws in Victoria, Australia to consider how tenancy laws affect tenure security and the extent to which they hinder the promotion of health and wellbeing among renters living with hoarding disorder. A rapid review of international academic and grey literature, Victorian case-law and relevant parts of the Residential Tenancies Act 1997 (Vic) was conducted.</div><div>Analysis showed that, in the case of Victoria, the legal framework does not fully align with therapeutic jurisprudence principles, instead relying on impersonal task-centred approaches to address hoarding related issues in rental properties. Consequently, renters living with hoarding disorder are at increased risk of psychological distress, homelessness, and a reluctance to engage with supports. Recommendations with international relevance and applicability are discussed, including sector coordination and capacity building, and common avenues for legislative reform. Future research should prioritise lived experience perspectives, along with generating improved evidence through robust data collection that can inform reform in the rental sector.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"102 ","pages":"Article 102125"},"PeriodicalIF":1.4,"publicationDate":"2025-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144270196","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":"A case study of forensic psychiatry experts' reports analysis through large language models","authors":"Giulia Petroni ,&nbsp;Salvatore Alaimo ,&nbsp;Gabriele Mandarelli ,&nbsp;Roberto Catanesi ,&nbsp;Cinzia Niolu ,&nbsp;Alberto Siracusano ,&nbsp;Alfredo Pulvirenti","doi":"10.1016/j.ijlp.2025.102122","DOIUrl":"10.1016/j.ijlp.2025.102122","url":null,"abstract":"<div><div>The integration of artificial intelligence (AI) technologies in forensic psychiatry has gained significant attention due to their potential to enhance tasks such as outcome prediction and decision-making. In this study, we explored the feasibility and performance of a large language model (LLM-GPT) in extracting both clinical and non-clinical variables from authentic forensic psychiatric reports concerning defendants' criminal responsibility and social dangerousness. We employed GPT-4o to extract relevant data using a set of custom queries, which we applied to two forensic psychiatric expert reports. The results of the study demonstrated that the system was capable of extracting information from the forensic psychiatric reports and generating a summarized version. Identifying the most important parts to construct a meaningful synthesis in a highly specialized application domain is currently a challenge. This study highlights the potential of AI in forensic psychiatry and suggests that this approach could be valuable for collecting semi-automated or automated data from reports, enabling the creation of a large dataset that could be used for further research and analysis.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"102 ","pages":"Article 102122"},"PeriodicalIF":1.4,"publicationDate":"2025-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144279230","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":"Conflicting purposes: Guardianship law, mental health law and involuntary detentions","authors":"Joan Braun","doi":"10.1016/j.ijlp.2025.102111","DOIUrl":"10.1016/j.ijlp.2025.102111","url":null,"abstract":"<div><div>Part 3 of British Columbia's Adult Guardianship Act provides a statutory framework for protecting adults who are abused or neglected and unable to seek support and assistance on their own. The legislation aligns with modern approaches to guardianship with its focus on providing support to vulnerable adults. This statute's philosophy is captured in guiding principles, which affirm the presumption of capability and stipulate that support and assistance must be provided in a minimally intrusive manner. However, there is a gap between the statute's guiding principles and the legislation's application in practice. This is exemplified by using involuntary detentions as a mechanism to protect vulnerable adults from harm. Currently, British Columbia's health authorities rely on sections 22 of the Mental Health Act and 59 of the Adult Guardianship Act for authority to involuntarily detain older adults with dementia without their consent. This article argues that this practice raises serious rights concerns and that the resulting gap between the statute's philosophy and its implementation is due to inadequate procedural protections and overlap between the Adult Guardianship Act and the Mental Health Act. The article examines these issues through an analysis of the legislation, a discussion of relevant literature and judicial consideration of the issues, and identification of relevant rights concerns. Recommendations are made about how to address the gap between the intended purpose of the legislation and current practice.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"102 ","pages":"Article 102111"},"PeriodicalIF":1.4,"publicationDate":"2025-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144255191","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 Dutch Compulsory Care Act: Possible effects on emergency involuntary admissions, treatment, and length of stay","authors":"S. Gemsa ,&nbsp;E.O. Noorthoorn ,&nbsp;P. Lepping ,&nbsp;H.A. de Haan ,&nbsp;G.J.M. Hutschemaekers","doi":"10.1016/j.ijlp.2025.102113","DOIUrl":"10.1016/j.ijlp.2025.102113","url":null,"abstract":"<div><h3>Purpose</h3><div>The Special admissions Act (1994) was replaced in 2020 by the Dutch Compulsory Care Act (2018). Whereas the former law focused mainly on involuntary treatment during an inpatient admission, the Compulsory Care Act (2018) aims to reduce involuntary care and allows involuntary care in in- and outpatient settings if unavoidable. The main aim of this study is to assess the observed impact of the change in legislation on admission duration and the use of involuntary care options with a focus on medication and seclusion during acute admissions.</div></div><div><h3>Methods</h3><div>Data were collected from a large Mental Health Trust in the east of the Netherlands. We compared health care monitoring data from the years 2016 and 2017 and 2020 and 2021. The data cover involuntary treatment and the short-term law articles warranting these in both inpatient and outpatient settings.</div></div><div><h3>Results</h3><div>In the years studied the number of patients treated involuntarily and the number of short-term involuntary emergency articles were fully comparable. Involuntary medication was used more often in 2020–2021 than in 2016–17; however, seclusion was used much less. The total duration of admissions started within a short-term emergency article decreased significantly from 96 days before the change in the law to 71 days after the law change (Effect size = 0.225, <em>p</em> = 0.012). Days of involuntary inpatient stay within a short-term emergency authorization remained the same. Inpatient involuntary medication almost doubled. Involuntary outpatient care by means of medication was mainly used during and after discharge, seldom before or without admission.</div></div><div><h3>Conclusions</h3><div>After the change in the law, compulsory care was used with similar frequency and for a similar number of patients. In this study an increase in the use of medication was associated with a significant reduction in the length of inpatient admissions. Involuntary medication was used less frequently in an outpatient than in an inpatient setting, despite being possible as a means to avoid involuntary emergency admissions.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"102 ","pages":"Article 102113"},"PeriodicalIF":1.4,"publicationDate":"2025-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144243449","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 Mental Health Bill 2024 in the Republic of Ireland: Potential implications for adults with intellectual disabilities","authors":"Dr Bláithín O'Shea","doi":"10.1016/j.ijlp.2025.102112","DOIUrl":"10.1016/j.ijlp.2025.102112","url":null,"abstract":"<div><div>The Mental Health Bill 2024 aims to amend provisions relating to involuntary admission, detention, and treatment of persons with ‘mental disorder’ in mental health centres in the Republic of Ireland. This article critically analyses proposals under the Mental Health Bill 2024 which are most relevant to persons with intellectual disabilities (PWID). In particular, it examines the proposals to remove “significant intellectual disability” from the definition of “mental disorder”, and to prohibit the involuntary detention of a person solely on the basis that they have an intellectual disability. It explores the reasoning behind these proposals and identifies potential gaps and challenges which may be created by the proposed reforms, including the issues which remain for PWID who have co-occurring mental illness; the possibility that PWID who exhibit challenging behaviour – but who are not accused of a crime – may be funnelled into the criminal justice system due to a lack of alternative and appropriate measures and services; and possible contradictions which may exist for persons with intellectual disabilities subject to the Criminal Law (Insanity) Act 2006.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"102 ","pages":"Article 102112"},"PeriodicalIF":1.4,"publicationDate":"2025-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144170758","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":"RIGHTCARE-PR: Reporting guidelines for human rights in child and adolescent psychiatry","authors":"Elvira Pértega ,&nbsp;Christopher Holmberg","doi":"10.1016/j.ijlp.2025.102110","DOIUrl":"10.1016/j.ijlp.2025.102110","url":null,"abstract":"<div><h3>Background</h3><div>Historically, global mental health has struggled between an evidence based biomedical model and a rights-based approach focusing on user perspectives. A particularly problematic global mental health challenge is the use of restraints in psychiatry, highly regulated but controversial and risky, often deemed incompatible with human rights. Despite calls for an absolute ban, inconsistent terms, definitions, and reporting requirements complicate an accurate understanding. Effective research reporting in light of human rights is crucial for knowledge dissemination and ethical integrity.</div></div><div><h3>Aim</h3><div>This paper aims to provide reporting guidance for the neglected area of restraints in child inpatient psychiatric care, integrating scientific evidence and human rights to enhance mental health service quality.</div></div><div><h3>Methods</h3><div>This study builds upon a previous literature review by Pértega and Holmberg (2023) on child restraints in psychiatric settings that found a lack of human rights considerations in scientific literature in four domains: study context, stakeholders, restraint phenomena, and regulations. Relevance for reporting on these items were consulted through a Delphi process involving international experts from law, psychiatry, and social sciences, providing a comparative perspective on legal and psychiatric practices to refine the guidelines.</div></div><div><h3>Results</h3><div>To ensure evidence-based mental health interventions align with human rights principles, this paper proposes reporting standards that integrate human rights into research on child psychiatric care restraints. The RIGHTCARE-PR guidelines consist of 14 items across four domains, enhancing the clarity and comprehensiveness of research reporting.</div><div>These guidelines provide a robust and practical tool for researchers to improve the quality and ethical integrity of psychiatric research, benefiting authors, editors, reviewers, and readers.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"102 ","pages":"Article 102110"},"PeriodicalIF":1.4,"publicationDate":"2025-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144170757","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":"Subject injury and police use of force in mental health crises","authors":"H.L. Joseph ,&nbsp;W. Liu ,&nbsp;K. Petersen ,&nbsp;J. Sheridan-Johnson ,&nbsp;B.G. Taylor","doi":"10.1016/j.ijlp.2025.102104","DOIUrl":"10.1016/j.ijlp.2025.102104","url":null,"abstract":"<div><div>This study examines the relative likelihood of police officer firearm use and severity of subject injury in officer encounters with subjects in mental health crises (MHC) and those not in mental health crises (nMHC). The study sample is from a dataset of officer involved shootings (OIS) and officer use of force (UOF) incidents from 26 large law enforcement agencies (LEAs) in the U.S. Logistic and ordinal regressions were used to assess whether subject UOF, resisting arrest, weapon use, intoxication or sociodemographic factors were related to officer firearm use and severity of subject injury, comparing cases involving MHC (<em>N</em> = 1334) and nMHC (<em>N</em> = 2848). Though the risk of officer firearm use and severity of subject injury were significantly positively correlated with being in MHC, there was no significant difference in either outcome between individuals in MHC and nMHC after controlling for the other predictors in the regressions. Compared to those in nMHC at the time of their encounter with the police, those in MHC were found to be more likely to resist arrest, use a weapon, and be intoxicated during encounters with police. People of color were at uniquely high risk for more severe injury in nMHC but not those in MHC. Additionally, the subject being intoxicated was associated with increased risk of officer firearm use in MHC but not in nMHC. This study identified specific populations (e.g., people of color, those with comorbid mental illness and substance use) and specific subject behaviors (e.g., weapon use) associated with increased risk of officer firearm use and subject injury that are more likely in MHC and warrant further protection during police encounters. Study findings highlight the critical importance that officers receive training in best practices in identifying when a subject is in MHC, implement appropriate de-escalation strategies, and partner with mental health professionals to increase mental health care utilization and decrease risk of harm.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"101 ","pages":"Article 102104"},"PeriodicalIF":1.4,"publicationDate":"2025-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144134587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal legal system contact in fetal alcohol spectrum disorders (FASD): Experiences and support needs","authors":"Martina Faitakis ,&nbsp;Kaitlyn McLachlan ,&nbsp;Christopher Fiacconi ,&nbsp;Katherine Flannigan ,&nbsp;Valerie Temple ,&nbsp;Mansfield Mela ,&nbsp;Jocelynn Cook ,&nbsp;Kathy Unsworth ,&nbsp;Jacqueline Pei","doi":"10.1016/j.ijlp.2025.102106","DOIUrl":"10.1016/j.ijlp.2025.102106","url":null,"abstract":"<div><div>People with fetal alcohol spectrum disorder (FASD) often receive inadequate supports, which can lead to an increased risk of becoming involved in the criminal legal system (CLS). This study compared the needs of people with prenatal alcohol exposure (PAE)/FASD with and without CLS contact and examined patterns of intervention recommendations across groups. Data was drawn from the Canadian National FASD Database and included 544 people with PAE/FASD (<em>M</em> age = 21.1, <em>SD</em> = 8.9, 69.1 % male), matched on age, IQ, and sex, in CLS (<em>n</em> = 272) and non-CLS (<em>n</em> = 272) groups. Several key indicators of CLS contact were identified including having a diagnosis of substance use disorder and experiences of alcohol use/misuse. Recommendations for intervention were more often given for people with CLS contact compared to those without, particularly in respect to mental/physical health and safety needs. Understanding these needs is critical for informing clinical and forensic practice, prevention and intervention planning, and developing and implementing evidence-informed practices to support individuals with FASD.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"101 ","pages":"Article 102106"},"PeriodicalIF":1.4,"publicationDate":"2025-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144124179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An International Comparison of Psychiatric Advance Directive Policy: Across eleven jurisdictions and alongside advance directive policy","authors":"Sophie Gloeckler ,&nbsp;Matthé Scholten ,&nbsp;Penelope Weller ,&nbsp;Alexander Ruck Keene ,&nbsp;Soumitra Pathare ,&nbsp;Ramya Pillutla ,&nbsp;Leticia Andorno ,&nbsp;Nikola Biller-Andorno","doi":"10.1016/j.ijlp.2025.102098","DOIUrl":"10.1016/j.ijlp.2025.102098","url":null,"abstract":"<div><div>The present work provides a comparative policy review of psychiatric advance directives, considering 1) variation across eleven international jurisdictions and 2) differentiation from other advance directive policy. The aim is to support well-founded legal and clinical practice when it comes to psychiatric advance directives by 1) clarifying the range of present approaches and 2) highlighting differential treatment of those with mental health conditions. Applicable statutes in England and Wales; Germany; India; the Netherlands; New South Wales (Australia), Northern Ireland, Virginia (USA); Washington (USA); Switzerland; Scotland; and Victoria (Australia) were reviewed by a team with expertise in law, clinical practice, and ethics. Policy variations were identified related to requirements for validity, activation, amendment, revocation, and override of preferences expressed. Psychiatric advance directives tend to be more strictly regulated and have less legal force than medical advance directives, with more restrictive guidelines and more conditions allowing advance preferences to be overridden. Psychiatric advance directives also tend to be less uniform across jurisdictions, sometimes reflecting varied functions of the directive and sometimes suggesting varied framing of the appropriateness of coercion in psychiatric care. More work is needed to evaluate the validity of distinct psychiatric advance directive policy. Stricter regulation and weaker legal force can serve as barriers to use, and coercion carries associated harms; psychiatric advance directive policy, especially choices that differ from other advance directive policy, should be well-justified.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"101 ","pages":"Article 102098"},"PeriodicalIF":1.4,"publicationDate":"2025-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144089754","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":"Unified mental health and capacity law: Creating parity and non-discrimination?","authors":"Jill Stavert,&nbsp;Colin McKay","doi":"10.1016/j.ijlp.2025.102108","DOIUrl":"10.1016/j.ijlp.2025.102108","url":null,"abstract":"<div><div>It has been argued that a fusion of mental health and capacity law creates parity and respects non-discrimination. This approach has been adopted in the Mental Capacity Act (Northern Ireland) 2016, although this legislation is not yet fully in force. Separately the World Health Organisation and the Committee on the Rights of Persons with Disabilities have advocated ending the separate status of mental health law. Across the rest of the UK, the possibility of fusion legislation has recently been considered, although not ultimately recommended in 2018 by the Independent Review of the Mental Health Act for England and Wales and in 2022 by the Scottish Mental Health Law Review. Challenges include potential conflicts with Article 5 of the European Convention on Human Rights, and the Committee on the Rights of Persons with Disabilities' critique of ‘mental capacity’ and whether a capacity threshold is required for unified mental health and capacity law. This article will consider the approach of the Scottish Mental Health Law Review, why it did not recommend immediate fusion and its proposals for greater alignment of mental health and capacity regimes.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"101 ","pages":"Article 102108"},"PeriodicalIF":1.4,"publicationDate":"2025-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144089678","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}