International Journal of Law and Psychiatry最新文献

{"title":"Homicides by offenders with psychotic illness in Italy and Turkiye: A comparison of offender and crime-scene profiles","authors":"Yasin Hasan Balcioglu ,&nbsp;Anna Margari ,&nbsp;Alperen Yildiz ,&nbsp;Gabriele Mandarelli ,&nbsp;Lia Parente ,&nbsp;Fulvio Carabellese ,&nbsp;Rustem Dogan Uzlar ,&nbsp;Roberto Catanesi ,&nbsp;Fatih Oncu ,&nbsp;Felice Carabellese","doi":"10.1016/j.ijlp.2024.102041","DOIUrl":"10.1016/j.ijlp.2024.102041","url":null,"abstract":"<div><h3>Objective</h3><div>The primary aim of this study was to conduct a comparative analysis of homicide cases and their perpetrators with psychotic illnesses in Italy and Turkiye, identifying the extent to which country-specific factors influence offender profiles and crime-scene characteristics.</div></div><div><h3>Method</h3><div>This cross-national chart review study recruited individuals with psychotic illnesses from forensic psychiatric centers in Italy and Turkiye who were referred for criminal responsibility assessments. Data were collected on the offenders' background characteristics, psychiatric history, victim profiles, and crime-scene details.</div></div><div><h3>Results</h3><div>Compared to the Italian sample, a higher prevalence of hospitalizations, contact with mental health services, and past offending history prior to the index homicide in the Turkish sample highlight inadequate community mental health care and monitoring systems, as well as insufficient supervision by the criminal justice system in Turkiye. Turkish offenders were less likely to exhibit organized crime scenes and post-crime behavior, with fewer stressors preceding the offense, suggesting a greater role of positive psychotic symptoms in their homicidal acts.</div></div><div><h3>Conclusion</h3><div>Despite certain similarities, the differences between the two samples highlight the impact of sociocultural, healthcare, and legal systems on offender profiles and crime-scene characteristics. These findings emphasize the need for tailored mental health services, forensic psychiatric assessments and legal supervision that take into account country-specific factors.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102041"},"PeriodicalIF":1.4,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142630549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Comparison of sociodemographic, clinical, and alexithymia characteristics of schizophrenia patients with and without criminal records","authors":"Dilek Baysal ,&nbsp;Vesile Senturk Cankorur","doi":"10.1016/j.ijlp.2024.102036","DOIUrl":"10.1016/j.ijlp.2024.102036","url":null,"abstract":"<div><div>The primary objective of our study is to delineate differences between individuals diagnosed with schizophrenia who have a criminal record and those diagnosed with schizophrenia without a criminal record in terms of sociodemographic and clinical characteristics, levels of intelligence and insight, alexithymia, psychological symptoms, aggression, and impulsivity violence. In doing so, we aim to determine whether these findings serve as predictive indicators in the commission and prediction of criminally relevant actions in individuals diagnosed with schizophrenia. This study was conducted with patients aged 18–65 who were diagnosed with ‘schizophrenia’ according to DSM-5 diagnostic criteria and received outpatient follow-up and treatment. Our study consists of a total of 100 individuals diagnosed with schizophrenia, with 50 having a criminal record and 50 without. The results of the study demonstrated statistically significant differences between the forensic case and control groups in terms of gender, marital status, and educational status. Additionally, it was determined that there was a significant difference in the difficulty describing feelings between the forensic case and control groups. Statistically significant differences were obtained between the two groups in terms of BPAQ total score, the physical aggression subscale, and the anger subscale scores. There was also a statistically significant difference in terms of the BIS-11-SF total score, attention impulsivity, motor impulsivity, and non-planning subscales. Regression analysis indicated that gender, marital status, educational status, age of illness onset, difficulty in verbalizing emotions, overall aggression level, physical aggression, anger, overall impulsivity level, attention impulsivity, motor impulsivity, and inability to plan were associated with forensic behaviors in patients with schizophrenia. As a result, there is a need for studies that encompass larger and more diverse sample groups and patients from different regions. Additionally, these studies should incorporate scales and methods that comprehensively analyze both positive and negative symptoms.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102036"},"PeriodicalIF":1.4,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142555635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Assessing mental capacity in the context of abuse and neglect: A relational lens","authors":"Deborah O'Connor ,&nbsp;Joan Braun ,&nbsp;Natasha Marriette ,&nbsp;Kelly Purser","doi":"10.1016/j.ijlp.2024.102027","DOIUrl":"10.1016/j.ijlp.2024.102027","url":null,"abstract":"<div><div>Mental capacity (MC) is increasingly recognized as one of the most complex and nuanced constructs that has legal, health and social care implications. Although the UN (2006) Convention on the Rights of Persons with Disabilities (CRPD) provides a strong foundation for asserting a rights-based approach that arguably calls into question the use of this construct entirely, a more moderate, practically-focused approach recognizes that mental (in)capacity continues to be invoked as the justification for over-ruling individual choice. In keeping with the philosophy of the CRPD then, and human rights-based principles more broadly, mental capacity must be (re)envisioned to achieve compliance with more rights-based, contextualized directives. This necessitates developing new approaches to the assessment of decision-making capability (DMC) – the process whereby mental capacity is evaluated in practice settings – that move beyond simplistic cognitive approaches to recognize capacity as a dynamic, socio-relational process. The purpose of this paper is to begin to identify the challenges and opportunities associated with this reconceptualization particularly in situations of abuse and neglect.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102027"},"PeriodicalIF":1.4,"publicationDate":"2024-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142510460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mediating the court procedural justice–delinquency relationship with certainty perceptions and legitimacy beliefs","authors":"Glenn D. Walters","doi":"10.1016/j.ijlp.2024.102031","DOIUrl":"10.1016/j.ijlp.2024.102031","url":null,"abstract":"<div><div>A mediation analysis was performed with perceptual and cognitive mediators to investigate the effect of court procedural justice on subsequent delinquency. The hypothesis tested in this study held that court procedural justice would promote a change in perceived certainty of punishment, a change in perceived certainty would foster change in institutional legitimacy, and institutional legitimacy would lead to a reduction in offending. This two-mediator model was tested in a sample of 1354 (1170 males, 184 females) serious delinquent youth from the Pathways to Desistance study. Results from a four-equation causal mediation analysis revealed that a significant pathway ran from strong court procedural justice perceptions to increased certainty of punishment to high institutional legitimacy to low delinquency. Conversely, there was no evidence of a significant pathway running from strong certainty of punishment to increased court procedural justice to high institutional legitimacy to low delinquency. These results provide insight into how strong perceptions of court procedural justice may indirectly contribute to decreased delinquency over time, while offering clues on how this process can be managed with policy initiatives and treatment interventions.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102031"},"PeriodicalIF":1.4,"publicationDate":"2024-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142510461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"RECAPACITA project: Comparing neuropsychological profiles in people with severe mental disorders, with and without capacity modification","authors":"Marcó-García Silvia ,&nbsp;Guilera Georgina ,&nbsp;Ferrer-Quintero Marta ,&nbsp;Ochoa Susana ,&nbsp;Escuder-Romeva Gemma ,&nbsp;Rubio-Abadal Elena ,&nbsp;Martínez-Mondejar Arantxa ,&nbsp;del Cacho Núria ,&nbsp;Montalbán-Roca Vanessa ,&nbsp;Escanilla-Casal Ana ,&nbsp;Balsells-Mejía Sol ,&nbsp;Huerta-Ramos Elena","doi":"10.1016/j.ijlp.2024.102035","DOIUrl":"10.1016/j.ijlp.2024.102035","url":null,"abstract":"<div><div>Mental capacity assessment plays a crucial role in decision-making, especially in psychiatric contexts, where legal frameworks for determining capacity vary widely. This study explores the relationship between cognitive functioning and decision-making capacity modification (CM) in severe mental disorders (SMD), shedding light on the importance of neuropsychological evaluation in CM processes. Cross-sectional descriptive study, with 77 adult patients with SMD and CM, and 33 without CM from the mental health sector of Parc Sanitari Sant Joan de Déu (Spain). CM, sociodemographic and neuropsychological data were collected. An independent brief assessment of patients' mental capacity was also evaluated. There is an overrepresentation of males in CM processes. All three groups exhibit mild multidomain dysfunction, with impairments in executive functions, memory, and processing speed. Individuals with CM show poorer verbal learning capacity, with an impact on their occupational and family functioning. Mnemonic encoding positively correlates with mental capacity to decide, suggesting it could preliminarily be considered a potential predictive marker in CM processes. This study contributes insights into the cognitive aspects of CM in SMD, underscoring the need for a comprehensive approach integrating clinical, cognitive, and social factors in assessing decision-making capacity in this population.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102035"},"PeriodicalIF":1.4,"publicationDate":"2024-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142510462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Generative artificial intelligence (GenAI) and decision-making: Legal & ethical hurdles for implementation in mental health","authors":"Barry Solaiman","doi":"10.1016/j.ijlp.2024.102028","DOIUrl":"10.1016/j.ijlp.2024.102028","url":null,"abstract":"<div><div>This article argues that significant risks are being taken with using GenAI in mental health that should be assessed urgently. It recommends that guidelines for using generative artificial intelligence (GenAI) in mental health care must be established promptly. Currently, clinicians using chatbots without appropriate approval risk undermining legal protections for patients. This could harm the patient and undermine the standards of the profession, undermining trust in an area where human involvement in decision-making is critical. To explore these concerns, this paper is divided into three parts. First, it examines the needs of patients in mental health. Second, it explores the potential benefits of GenAI in mental health and highlights the risks of its use as it pertains to patient needs. Third, it notes the ethical and legal concerns around data use and medical liability that require careful attention. The impact of the European Union's (EU) Artificial Intelligence Act (AI-Act) is also considered. It will be seen that these laws are insufficient in the context of mental health. As such, the paper recommends that guidelines should be developed to help resolve the existing legal gaps until codified rules are established.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102028"},"PeriodicalIF":1.4,"publicationDate":"2024-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142477708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mental health professionals' perceptions and attitudes towards seclusion: The ambivalent relationship between safety and therapeutic considerations","authors":"Grégory Yersin ,&nbsp;Benedetta Silva ,&nbsp;Philippe Golay ,&nbsp;Stéphane Morandi","doi":"10.1016/j.ijlp.2024.102033","DOIUrl":"10.1016/j.ijlp.2024.102033","url":null,"abstract":"<div><h3>Background</h3><div>Frequency of seclusion in acute psychiatric units varies greatly worldwide. In Switzerland, its use is authorised under strict conditions. However, this coercive measure is not implemented in every psychiatric hospital in the country. The use of coercion is associated with a number of patient characteristics as well as organisational, contextual and professional's aspects. Nevertheless, the role of these factors remain inconsistent across studies and different coercive measures are often studied together. Hence, the aim of this study was to assess mental health professionals' perceptions and attitudes towards seclusion according to their experience with this type of measure and their personal and professional background.</div></div><div><h3>Method</h3><div>Nurses and physicians working in acute adult and geriatric psychiatric units in the Swiss Cantons of Vaud and Valais were invited to participate to an online survey exploring their socio-demographic characteristics, professional background, current position and activity, as well as their perceptions and attitudes towards seclusion. Exploratory Structural Equation Modelling (ESEM) was then used to determine the structure of the participants perceptions and attitudes towards seclusion to identify which socio-demographic and professionals' aspects could predict their underlying dimensions.</div></div><div><h3>Results</h3><div>116 mental health professionals agreed to participate in the study. A majority considered that seclusion had a therapeutic impact, while believing that it could also have negative effects or be dangerous for the patient. The majority also thought that seclusion increased the general feeling of safety. Lastly, a substantial proportion felt that the Swiss legal framework regulating seclusion was not sufficiently clear. Mental health professionals' perceptions and attitudes towards seclusion could be described by four dimensions: “Negative consequences”, “Safety”, “Legitimacy/legal aspect of seclusion” and “Organisational aspects”. Analyses revealed a tendency to normalize seclusion as its use increases.</div></div><div><h3>Conclusion</h3><div>Seclusion poses complex challenges for mental health professionals. The competent authorities should therefore provide careful guidance to help them maintain a high level of quality of care in the use of this coercive measure.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102033"},"PeriodicalIF":1.4,"publicationDate":"2024-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142477709","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":"Fetal alcohol spectrum disorder (FASD) and the criminal justice system: A guide for legal professionals","authors":"Jerrod Brown ,&nbsp;Danielle Schulte Lewis ,&nbsp;Trisha Kivisalu ,&nbsp;Anthony P. Wartnik ,&nbsp;Megan N. Carter ,&nbsp;Diane Harr ,&nbsp;Amy Jozan ,&nbsp;David J. Gilbert","doi":"10.1016/j.ijlp.2024.102029","DOIUrl":"10.1016/j.ijlp.2024.102029","url":null,"abstract":"<div><div>Fetal Alcohol Spectrum Disorder (FASD) is a lifelong disorder caused by prenatal alcohol exposure (PAE) and is one of the most common causes of brain damage and developmental disability. FASD has been characterized by an array of symptoms that negatively affects cognitive, social, and adaptive functioning. Individuals living with FASD, relative to the general population, are more likely to become entangled in the legal system due to challenges associated with the disorder. Moreover, symptomology of FASD often contributes to these individuals struggling in successfully navigating various stages of the legal system, including arrest, interrogation, working with their defense counsel, and courtroom appearances. The difficulties faced by defendants living with FASD are exacerbated by systemic failure from legal professionals in recognizing and accommodating for the extent and complexities of this disorder. Consequently, defendants living with FASD often do not receive effective due process of law in comparison to their neurotypical peers. Moreover, attempts at punishment and deterrence through probation and jail terms are often ineffective for individuals living with FASD because of the effects of their disorder. This article is intended to provide valuable information and best practices for professionals in the legal system, particularly judges, prosecutors, defense attorneys, social workers/mitigation specialists, and psychologists, who are likely to encounter individuals living with FASD or suspected FASD early in the judicial process.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102029"},"PeriodicalIF":1.4,"publicationDate":"2024-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142441982","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":"Global prevalence of borderline personality disorder and self-reported symptoms of adults in prison: A systematic review and meta-analysis","authors":"Sophie C. Dahlenburg ,&nbsp;Dianna R. Bartsch ,&nbsp;Kimberley J. Gilson","doi":"10.1016/j.ijlp.2024.102032","DOIUrl":"10.1016/j.ijlp.2024.102032","url":null,"abstract":"<div><div>The prevalence of borderline personality disorder (BPD) in the general population is estimated to be 1.8 % whereas the rates of BPD among people in prison have been reported between 9 and 30 %. To date, there are no published systematic reviews into the rates of BPD among adults in prison. Understanding the prevalence of BPD in this setting can help to inform prison-staff education, funding and intervention options, and adequate care for an already at-risk population. We aimed to explore the global prevalence of BPD diagnoses and self-reported symptomology among adults in prisons via systematic review and meta-analysis. We also aimed to explore gender differences between women and men in prison. Following the PRISMA guidelines, we conducted a systematic review and meta-analysis of papers where a BPD diagnosis or self-reported symptoms were reported within a prison population of male or female adult offenders (18+ years). Our search yielded 33 studies comprising diagnostic interviews, and 15 studies which included self-reported symptom measures. The results indicated that for women and men in prison, the prevalence of BPD was (27.4 % and 18.8 %, respectively) when assessed via diagnostic interview. Results were similar for both women and men in studies that used a self-report measure to assess a BPD diagnosis (29.1 % and 16.4 %). Findings suggest that the prevalence of BPD in prisons should be considered when making decisions about mental health and criminogenic interventions. Self-report measures could be a resource-efficient method for screening prisoners for personality pathology in prison settings. Contemporary, well-structured, large-scale studies are required to better understand the prevalence of personality disorder in prisons.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102032"},"PeriodicalIF":1.4,"publicationDate":"2024-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142441981","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":"Advance healthcare directives and advance choice documents in psychiatry: New resources, new legislation, new opportunities","authors":"Maria Redahan ,&nbsp;Brendan D. Kelly ,&nbsp;Tania Gergel","doi":"10.1016/j.ijlp.2024.102030","DOIUrl":"10.1016/j.ijlp.2024.102030","url":null,"abstract":"<div><div>In recent years, bodies such as the United Nations and the World Health Organization have highlighted the need for mental healthcare and legislation to better conform to contemporary human rights principles. They place particular emphasis on the right of people with mental health conditions to make their own decisions in all areas of life, including mental health treatment. One of the challenges in this context is that a person can lose the capacity to make these decisions during episodes of severe mental illness. Advance Healthcare Directives (AHDs), also known as Advance Choice Documents (ACDs), can help to overcome this challenge and allow people to exercise more agency over their care choices. AHDs are statements about the type of treatment a person would or would not like to receive in future if they are in a situation where they require treatment but are unable to make or communicate their decision. Despite an expanding body of evidence that AHDs enhance autonomy and are supported by patients and staff alike, uptake of AHDs is extremely low across many jurisdictions. Legislative reform and educational initiatives to enhance knowledge and awareness are vital for advancing and enlivening this field in clinical practice. This paper explores one such legislative development (Ireland's Assisted Decision Making (Capacity) Act, 2015) and one such educational initiative (the <span><span>www.advancechoice.org</span><svg><path></path></svg></span> website and videos). We highlight the need for further developments in the realms of both legislative reform and outreach and accessibility, in addition to greater advocacy by clinicians for the use of AHDs in mental health care.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102030"},"PeriodicalIF":1.4,"publicationDate":"2024-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142432083","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}