International Journal of Law and Psychiatry最新文献

{"title":"Coercive measures in disability and mental health care services: Mechanical restraints from a bioethical and legal perspective in Spain","authors":"Sergio Ramos-Pozón ,&nbsp;Begoña Román-Maestre ,&nbsp;Blas Blánquez","doi":"10.1016/j.ijlp.2024.102067","DOIUrl":"10.1016/j.ijlp.2024.102067","url":null,"abstract":"<div><div>This article explores the use of coercive measures, particularly mechanical and pharmacological restraints, in disability care settings and mental health services from a bioethical perspective, focusing on how these practices impact the human rights of individuals with mental disorder, focusing on how these practices impact the human rights of individuals with mental disorders. A robust bioethical framework is presented, advocating for principles of autonomy, beneficence, non-maleficence, dignity, dialogical justice, distributive justice, and vulnerability. These principles are integrated to reframe interventions and promote respect for patient rights. The article provides a detailed account of the legal framework governing these practices in Spain, addressing both national and regional legislation, and emphasizing its significance in protecting human rights. Finally, practical recommendations are offered, which have proven effective in significantly reducing the need for coercive interventions. The article concludes by advocating for a transformation in clinical practices, promoting dignified and respectful care in line with a human rights framework, and moving away from unnecessary coercive measures.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"99 ","pages":"Article 102067"},"PeriodicalIF":1.4,"publicationDate":"2025-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143014052","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":"Reasons behind the rise in involuntary psychiatric treatment under mental health act 2016, Queensland, Australia – Clinician perspectives","authors":"Kimbali Wild ,&nbsp;Jappan Sawhney ,&nbsp;Marianne Wyder ,&nbsp;Bernadette Sebar ,&nbsp;Neeraj Gill","doi":"10.1016/j.ijlp.2024.102061","DOIUrl":"10.1016/j.ijlp.2024.102061","url":null,"abstract":"<div><h3>Objective</h3><div>Despite legislative reform to promote less restrictive treatment options, the rates of involuntary psychiatric treatment in Queensland, Australia continue to rise. This paper aims to investigate mental health clinicians' perspectives of reasons behind the high and increasing rates of involuntary psychiatric treatment in Queensland.</div></div><div><h3>Method</h3><div>Qualitative methodology was used to explore clinician perspectives by facilitating two face-to-face focus groups. Purposive sampling was used to select clinicians of multiple disciplines from inpatient and community adult mental health teams. Reflexive thematic analysis was utilised to analyse and interpret data.</div></div><div><h3>Findings</h3><div>The findings suggested a broad consensus that involuntary treatment is over-utilised in public mental health services. Six main themes were identified, including risk aversion, systemic service deficiencies, lack of voluntary alternatives, increased substance use in the community, legislative and policy shortcomings, and barriers to enacting criteria in the legislation.</div></div><div><h3>Conclusion</h3><div>This paper highlights that legislative reform alone will be ineffective in reducing involuntary psychiatric treatment, and adequate resources, training, policy and culture change are necessary for successful implementation of less restrictive practices. The reforms require reorientation of the implementation of policy, as well as legislation to align the Queensland mental health system within a human rights framework.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"98 ","pages":"Article 102061"},"PeriodicalIF":1.4,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142808014","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":"No man's land: Troubling the borders of mental health and capacity law","authors":"Lucy Series","doi":"10.1016/j.ijlp.2024.102039","DOIUrl":"10.1016/j.ijlp.2024.102039","url":null,"abstract":"<div><div><em>Border thinking</em> is a de-colonial strategy that interrogates epistemic and biopolitical aspects of borders, and examines everyday bordering practices. Harrington and Hampton (2024) have recently argued for its utility for understanding national borders in health law. While border thinking has been traditionally used to interrogate national and geographical boundaries, I propose that border thinking can also be productive for understanding <em>jurisdictional borders</em> that co-exist within a national territory. Examining the complex and contested border between mental health and capacity law, I argue that jurisdictional borders, like national ones, are historically contingent, built on unstable epistemologies, and rooted in the politics of belonging. Focusing in particular on the situation of autistic people and people with intellectual disabilities, I show how the border between mental health and capacity law is rooted in stigma and stereotypes, with devastating biopolitical effects for those who are legally and materially stuck in a jurisdictional borderland between these regimes. I critique current proposals for reforming this border, as reinforcing these stigmas and stereotypes whilst failing to address the material needs and structural exclusion faced by disabled people.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"98 ","pages":"Article 102039"},"PeriodicalIF":1.4,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142773489","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 use of community treatment orders in people with substance induced psychosis","authors":"Christine A. Gullacher,&nbsp;Phillip N. Goernert","doi":"10.1016/j.ijlp.2024.102043","DOIUrl":"10.1016/j.ijlp.2024.102043","url":null,"abstract":"<div><div>The community treatment order (CTO) is a legally mandated approach to community based psychiatric care that has been in existence for over 20 years in the Canadian province of Saskatchewan. Changes to legislation of CTOs implemented in 2015, has resulted in bolstered use of this approach to treat substance induced psychosis (SIP). Treatment plans implemented with the use of CTOs in the present study include pharmacotherapy, in the form of long-acting injectable antipsychotics (LAI-AP). The purpose of this retrospective, observational study was to determine whether there is a benefit for the use of a CTO with LAI-AP to mandate treatment for individuals diagnosed with SIP, and rates of both readmission to hospital, and presentation to emergency departments. We observed that individuals diagnosed with SIP and assigned a CTO that included a LAI-AP demonstrated a significantly lower rate of presentations to emergency departments and a lower rate of readmissions to hospital in the first one year following diagnosis, compared to those diagnosed with SIP and not assigned a CTO. Our results suggest that use of legally mandated treatment in this diagnostic group may ease both fiscal and human resource burdens on the healthcare system. Our finding may also assist when planning treatment pathways and services for people with a diagnosis of SIP.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"98 ","pages":"Article 102043"},"PeriodicalIF":1.4,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142773453","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":"Individual liberty, safety and police liabilities under the mental health (care and treatment) act","authors":"Gary K.Y. Chan","doi":"10.1016/j.ijlp.2024.102065","DOIUrl":"10.1016/j.ijlp.2024.102065","url":null,"abstract":"<div><div>How should a society strike a balance between the objective of ensuring safety from dangers that may be posed by individuals believed to have a mental disorder and the deprivation of their liberty? How should police officers discharge their duties in apprehending such individuals with a view to conveying them to a medical practitioner at a psychiatric institution? These legal issues took centrestage in the Singapore High Court decision of <em>Mah Kiat Seng v Attorney-General</em> in which the apprehended individual brought claims in false imprisonment against a police officer. The decision examined the underlying purposes of the Singapore Mental Health (Care and Treatment) Act, the right of the person to be informed of the grounds of apprehension, the bases of the police officer's belief that the person posed a danger to himself or others, and the circumstances in which the police officers may be entitled to immunity from liability to civil or criminal proceedings. The High Court judgment led to statutory amendments to clarify police duties when apprehending such individuals and discussions about enhancements to police training and crisis support services for persons with mental illnesses. With reference to the law and/or policy in Australia and the UK, the paper critiques the judicial findings, the statutory amendments and policy alternatives.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"99 ","pages":"Article 102065"},"PeriodicalIF":1.4,"publicationDate":"2024-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142830281","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":"Mind over matter: Mental illness and sentencing outcomes among homicide cases in Singapore","authors":"Philip Tanpoco ,&nbsp;Stella Tan Wei Ling ,&nbsp;Kenneth Gerard Koh Wun Wu ,&nbsp;Fong Wan Ru ,&nbsp;Harvinder Kaur ,&nbsp;Daren Ong Guanjie","doi":"10.1016/j.ijlp.2024.102053","DOIUrl":"10.1016/j.ijlp.2024.102053","url":null,"abstract":"<div><div>Singapore implemented legal amendments that led to a transition from a mandatory death penalty to a discretionary death penalty in some cases of murder. This has granted judges greater leeway in the sentencing of homicide offenders, with a decade having now passed since the 2012 amendment. A notable scarcity of research exists to understand the relationship between mental illnesses and criminal culpability, as well as how diminished responsibility impacts sentencing outcomes. A quantitative study of all court judgments in all homicide cases recorded on LawNet (Singapore's legal database) from 2006 to 2020 was conducted to examine the relationship between mental illness, psychiatric disputes, and court outcomes. The findings revealed that the introduction of discretionary death penalty reduced death sentences by half. The study also confirmed the presence of a mental illness is correlated to a greater sentence length, and could even act as an aggravating factor in court outcomes. This research also baselined the typologies of psychiatric disputes among homicide cases in Singapore. Further research on mitigating and aggravating factors in Singapore homicide cases and their impact on sentencing outcomes is recommended.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"99 ","pages":"Article 102053"},"PeriodicalIF":1.4,"publicationDate":"2024-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142808018","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 response of the secretary of state and the “supervised discharge” provision of the UK mental health bill 2022: Potential problems and opportunities in the wake of Secretary of State for Justice v MM [2018] UKSC 60","authors":"Neil Meggison","doi":"10.1016/j.ijlp.2024.102038","DOIUrl":"10.1016/j.ijlp.2024.102038","url":null,"abstract":"<div><div>This article considers the legal regulation of discharge conditions that amount to deprivation of liberty (DoL) in the sense of Article 5 of the European Convention on Human Rights following the UK Supreme Court's decision in <em>Secretary of State for Justice v MM</em> in 2018<em>.</em> The 2019 response of the Secretary of State for Justice to the <em>MM</em> judgment and the proposed “Supervised Discharge” provision of the UK 2022 Mental Health Bill are reviewed from a critical perspective with several important problems identified.</div><div>It is recommended that the advice of the Secretary of State to make use of leave provisions under s17 of the MHA in place of conditional discharge is considered cautiously as this may be liable to future legal challenge. The 2022 Draft Bill is likely to yield an effective solution but it is lacking important provisions to ensure accountability of healthcare providers where Supervised Discharge is authorised, opportunities for therapeutic relaxations of restrictions, and safe systems for the recall and conveyance of patients under the Supervised Discharge regime.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"98 ","pages":"Article 102038"},"PeriodicalIF":1.4,"publicationDate":"2024-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142743875","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":"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}