International Journal of Law and Psychiatry最新文献

{"title":"What place has ‘capacity’ in the criminal law relating to sex post JB?","authors":"Alex Ruck Keene KC (Hon) ,&nbsp;Allegra Enefer","doi":"10.1016/j.ijlp.2022.101843","DOIUrl":"10.1016/j.ijlp.2022.101843","url":null,"abstract":"<div><p>The term ‘capacity’ has come to assume a variety of meanings in the law of England and Wales, and the failure of statutes and judges to specify its meaning and application across the civil and criminal law leads to problems. Nowhere is this perhaps clearer than in the law relating to sexual capacity. This paper begins with an overview of two streams of law on sexual capacity in the civil and criminal law. The first stream traces through the criminal law provisions of the <span>Sexual Offences Act 2003</span>, the work by the Law Commission which led to its enactment, and the ways in which its provisions have been applied by the courts in practice; and the second examines the <span>Mental Capacity Act 2005</span> ('MCA 2005') and its parallel application by the civil courts. We illustrate how the case of <em>A Local Authority v JB</em> [2021] UKSC 52 brought these problems to the fore, as the Supreme Court was at last confronted with the differences between the definition and use of the term ‘capacity’ by the civil and criminal law on sexual capacity. We suggest that the decision made by the Supreme Court in JB has left open terrain which ought to be used to reframe, or perhaps even replace, the concept of ‘capacity’ within the criminal law on sexual capacity.<span>¹</span></p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10035742","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":"Use of the least intrusive coercion at Danish psychiatric wards: A register-based cohort study of 131,632 first and subsequent coercive episodes within 35,812 admissions","authors":"Thea Linkhorst ,&nbsp;Søren Fryd Birkeland ,&nbsp;Frederik Alkier Gildberg ,&nbsp;Jan Mainz ,&nbsp;Christian Torp-Pedersen ,&nbsp;Henrik Bøggild","doi":"10.1016/j.ijlp.2022.101838","DOIUrl":"10.1016/j.ijlp.2022.101838","url":null,"abstract":"<div><h3>Objective</h3><p>Psychiatric legislation in Denmark implies a principle of using the least intrusive types of coercion first. The intrusiveness is not universally agreed upon. We examined the order in which coercive measures during admission were used, implying that the first used should be less intrusive than the following types.</p></div><div><h3>Methods</h3><p>For coercive episodes reported to the national administrative register for the period 2011–16, the order of 12 legal coercive interventions during each admission was examined. Comparing with mechanical restraint, the odds ratio (OR) and confidence interval (95%CI) of being first or subsequent used types were estimated using conditioned (96,611 episodes) and unconditioned (131,632 episodes) logistic regression models, stratified on sex.</p></div><div><h3>Results</h3><p>Totally 17,796 patients aged 18+ were subjected to at least one coercive episode. The median time between admission and the first episode was 4 days in men and 6 for women. For females, involuntary detention, forced feeding, coercive treatment of somatic disorder, locking of doors and close observations in females were used before mechanical restraint, and forced follow-up, involuntary electro convulsive therapy (ECT), forced treatment, use of gloves and straps, physical restraint and forced intramuscular medication was used later. In men, only involuntary detention was used before mechanical restraint, while involuntary ECT, close observations, administration of drugs, use of gloves and straps, physical restraint and forced intramuscular medication was used after mechanical restraint.</p></div><div><h3>Conclusion</h3><p>The order of used coercive measures is not consistent with the international ranking of the least intrusive types, especially in men and in younger adults.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0160252722000644/pdfft?md5=eccb5dd93988abdf7338fb352da947ea&pid=1-s2.0-S0160252722000644-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10699654","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":"The mediating role of state anger in the associations between intentions to participate in the criminal trial and psychopathology in traumatically bereaved people","authors":"M.Y. Buiter ,&nbsp;P.A. Boelen ,&nbsp;M. Kunst ,&nbsp;C. Gerlsma ,&nbsp;J. de Keijser ,&nbsp;L.I.M. Lenferink","doi":"10.1016/j.ijlp.2022.101840","DOIUrl":"10.1016/j.ijlp.2022.101840","url":null,"abstract":"<div><p>Victims of crimes have been granted increasing procedural rights to participate in the juridical process since the mid 1990s. However, knowledge about the (anti)-therapeutic effect of participation is limited. We examined the associations between symptom levels of persistent complex bereavement disorder (PCBD), posttraumatic stress disorder (PTSD), and depression and the intention to participate in a criminal trial. Furthermore, we investigated the mediating role of state anger in these associations. People who lost loved ones after a plane disaster with flight MH17 (<em>N</em> = 203) completed questionnaires within three weeks before the start of the criminal trial. Mediation analyses indicated that people, who did not intend to actively participate in the trial by delivering a written or oral victim statement, were less likely to experience anger, which is, in turn, associated with attenuated psychopathology levels. State anger explains 68% of the effect of the intention to exercise the right to speak on PCBD levels. An important limitation is the cross-sectional study design, which precludes conclusions about temporal associations. More research is needed to improve preparation and support of bereaved people when they intend to exercise their victim rights during a criminal trial.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0160252722000668/pdfft?md5=03bf251e581675143d08f288aa72c82f&pid=1-s2.0-S0160252722000668-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10411891","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":"The centrality of cognition and coping styles in driving aggressive responses","authors":"Ivan Sebalo ,&nbsp;Jane L. Ireland ,&nbsp;Simon Chu","doi":"10.1016/j.ijlp.2022.101842","DOIUrl":"10.1016/j.ijlp.2022.101842","url":null,"abstract":"<div><h3>Objective</h3><p>Despite the presence of theoretical frameworks explaining aggression, they still require refinement in the form of a specification of mechanisms that facilitate such behaviour.</p></div><div><h3>Method</h3><p>Study 1 recruited participants (<em>N</em> = 31) from the general population (<em>N</em> = 20) and from a forensic hospital (<em>N</em> = 11). It was expected that aggression supportive cognitions and stress would be positively associated with aggressive behaviour. An experimental paradigm was used to induce stress and participants were subsequently given the opportunity to aggress. Study 2 was based on self-report questionnaires in community sample (<em>N</em> = 462). It was expected that aggressive behaviour and traits would be associated with experienced stress, hostile attributions, coping styles, and attitudes to violence. Specifically, that criminal attitudes to violence will mediate the effect of hostile attribution on aggression, while coping styles will mediate the effect of perceived stress.</p></div><div><h3>Results</h3><p>An Implicit Theory “I am the law” was found to be associated with aggression. Furthermore, elevated skin conductance, but not changes in the heart rate, during the stress task was positively associated with aggression, and only among patients. Structural Equation Model confirmed the mediating role of criminal attitudes to violence and of maladaptive coping style for aggressive behaviour.</p></div><div><h3>Conclusion</h3><p>Aggression-supportive cognitions and maladaptive coping style are specific mechanisms through which external demands or subjective perception of a situation can result in aggressive behaviour.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0160252722000681/pdfft?md5=4d8ba0eff8da7158133afad7487645f9&pid=1-s2.0-S0160252722000681-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10356216","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":"Psychiatric advance directives and consent to electroconvulsive therapy (ECT) in Australia: A legislative review and suggestions for the future","authors":"Kay Wilson ,&nbsp;Subramanian Purushothaman ,&nbsp;Uday Kolur","doi":"10.1016/j.ijlp.2022.101836","DOIUrl":"10.1016/j.ijlp.2022.101836","url":null,"abstract":"<div><p>Psychiatric Advance Directives (PADs) have been adopted in many jurisdictions around the world and in most Australian states and territories. They are seen as a less restrictive and patient-centered approach to the provision of mental health care. Electroconvulsive therapy (ECT) is a restricted treatment in most jurisdictions in Australia and across the world. This paper explores the history, regulation and use of ECT and PADs and the intersections between them. It provides an overview of the legislative framework in each Australian state and territory and explores some of the issues which have arisen such as complexity of the regulatory framework, making PADs binding for refusing and consenting to ECT, involving treating teams in how PADs are made, using restrictive interventions to implement PADs, and the role of the Tribunal. While PADs are often framed as an important legal tool for allowing patients to refuse psychiatric treatment (especially ECT), the paper emphasizes that they can also be an innovative way for people to consent to psychiatric treatment in advance and an empowering option to access mental health care. It then makes some suggestions for future reform.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10341400","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":"Can jurors be biased in their evaluation of third-party evidence within cases of rape?","authors":"Ashleigh Parsons,&nbsp;Dara Mojtahedi","doi":"10.1016/j.ijlp.2022.101837","DOIUrl":"10.1016/j.ijlp.2022.101837","url":null,"abstract":"<div><p>Prior research has indicated that beliefs in rape myths can influence juror decision making in cases involving sexual assault, however, the phenomenon has been typically examined in relation to victim and defendant believability, as well as final verdicts. The current study observed mock jurors' evaluations of third-party witness evidence in alleged rape cases to determine whether these judgements were influenced by inherent rape myths. Participants (<em>N</em> = 196) took part in a mock juror experiment that included evidence from an eyewitness that was either in support of the defence, prosecution, or neutral. We found that males and individuals holding strong beliefs in rape myths were more likely to find defendants 'not guilty'. Additionally, participants endorsing rape myths were also more likely to view eyewitness evidence favourably, but only when it was in support of the defence. Our findings suggest that personal biases can influence the level of credence jurors place on case evidence, potentially through a confirmation bias.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10348086","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":"Best interests, benefit, will and preference: The influence of international human rights and external actors on decision-making frameworks in the United Kingdom and Ireland","authors":"Aoife M. Finnerty,&nbsp;Judy Laing","doi":"10.1016/j.ijlp.2022.101841","DOIUrl":"10.1016/j.ijlp.2022.101841","url":null,"abstract":"<div><p>This article examines the development of the law relating to decision-making on behalf of adults that lack capacity in Scotland, Ireland and Northern Ireland. Using two points of tension evident in the recent Northern Irish legislative consultation process, namely the suitability of the ‘best interests’ standard and international debate regarding domestic compliance with the United Nations Convention on the Rights of Persons with Disabilities (<span>United Nations, 2006</span>) this contribution exposes the impact of international human rights and influence of external actors, principally advocacy groups and their individual members, on the resulting legislation. Given the recency of the Irish and Northern Irish legislation and the current law reform review in Scotland, the article concludes by highlighting points of tension that may emerge between domestic standards for decision-making and the CRPD.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S016025272200067X/pdfft?md5=7f06d7d98d692906a1d5ab5dd2e1ff55&pid=1-s2.0-S016025272200067X-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10356218","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":"The Assisted Decision-Making (Capacity) Act 2015: Interrogating the guiding principles for a person with dementia","authors":"Hope Davidson","doi":"10.1016/j.ijlp.2022.101819","DOIUrl":"10.1016/j.ijlp.2022.101819","url":null,"abstract":"<div><p>Healthcare decision-making can present challenges for the person with dementia as many of the skills needed to navigate the decision-making process may be diminished or lost as a result of dementia. Currently in Ireland the law responds to this difficult dilemma by providing for a system of adult guardianship - and outside of that, a great deal of uncertainty. This is set to change when the Assisted Decision-Making Capacity Act (ADMCA) 2015 comes into force in the summer of 2022. The ADMCA aims to provide a modern statutory framework that supports decision-making by adults and enables them to retain the greatest amount of autonomy possible in situations where they lack or may shortly lack legal capacity. The Act aims to do this both through creating a set of guiding principles for decision-making and by the creation of formal decision-making agreements.</p><p>This article aims to examine the guiding principles of the Act as they affect the person with dementia, and to assess the degree to which they will support and guide people with dementia and their healthcare professionals in making decisions. The guiding principles are of singular importance because they will govern any treatment decision by or for a person which is not the subject of a formal agreement. In interrogating the guiding principles of the Act the article seeks to identify ways in which the ADMCA differs from the equivalent legislation in England and Wales, the Mental Capacity Act (MCA) 2005. The MCA came into force in 2007 and therefore the discussion is informed by almost fifteen years operation of the MCA. The article will argue that not only is the ADMCA a huge step forward from the current position in Ireland but that a number of key differences between the MCA and the ADMCA mean that the ADMCA has the potential to be more empowering for the person with dementia.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40673703","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 rights to legal capacity, personal freedom, and safety during psychiatric hospitalizations at a general hospital","authors":"Marciana Fernandes Moll ,&nbsp;Emanuele Seicenti de Brito ,&nbsp;Carla Aparecida Arena Ventura","doi":"10.1016/j.ijlp.2022.101827","DOIUrl":"10.1016/j.ijlp.2022.101827","url":null,"abstract":"<div><p>The aim of this study is to analyze the exercise of rights to legal capacity, personal freedom, and safety during psychiatric hospitalizations at a general hospital in an inner city from the state of São Paulo, Brazil, from the perspective of patients. This is a cross-sectional qualitative research study. Data were collected by interviewing 20 patients in the process of being discharged from the studied hospital who agreed to participate in the investigation. The guiding instrument of this interview was based on the WHO QualityRights interview tool and the obtained data were processed by means of thematic and content analyses. Results showed that the legal processes resulting from the Psychiatric Reform did not ensure the full exercise of the human rights of people with mental disorders admitted at general hospitals. Participants generally did not know about their rights to have access to their information and referred that they received information about their own health or these were given to their representatives.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40685172","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":"Psychometric properties of the Parma Scale for the treatment evaluation of offenders with mental disorder: A new instrument for routine outcome monitoring in forensic psychiatric settings","authors":"Lorenzo Pelizza ,&nbsp;Giuseppina Paulillo ,&nbsp;Davide Maestri ,&nbsp;Cecilia Paraggio ,&nbsp;Ilaria De Amicis ,&nbsp;Elena Mammone ,&nbsp;Melania Scarci ,&nbsp;Emanuela Leuci ,&nbsp;Simona Pupo ,&nbsp;Pietro Pellegrini","doi":"10.1016/j.ijlp.2022.101828","DOIUrl":"10.1016/j.ijlp.2022.101828","url":null,"abstract":"<div><h3>Purpose</h3><p>Routine Outcome Monitoring (ROM) is still poorly implemented in the routine forensic psychiatric practice. As reliable ROM instruments are lacking, the aims of this research was to assess the psychometric properties of the Parma Scale (Pr-Scale) and its sensitivity to measure scores' longitudinal changes.</p></div><div><h3>Methods</h3><p>Interrater and test-retest reliability, internal consistency and concurrent validity were investigated in offenders with mental disorder. Scores' longitudinal changeability was examined after a 3-month period using the Wilcoxon test for repeated measure.</p></div><div><h3>Results</h3><p>Sixty male adult patients were recruited in this study. Our findings showed good to excellent interrater and test-retest reliability, concurrent validity and internal consistency for the Pr-Scale. Pr-Scale scores also display a moderate to large changeability over time.</p></div><div><h3>Conclusions</h3><p>Our results support the clinical use of the Pr-Scale in forensic psychiatric settings as reliable ROM instrument.</p></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":null,"pages":null},"PeriodicalIF":2.3,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40675615","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}