Psychiatry Psychology and Law最新文献

{"title":"Book Review of Neurodisability and the Criminal Justice System: Comparative and Therapeutic Responses,","authors":"B. McSherry","doi":"10.1080/13218719.2022.2124550","DOIUrl":"https://doi.org/10.1080/13218719.2022.2124550","url":null,"abstract":"This multidisciplinary edited collection provides a range of perspectives on how the criminal justice system currently responds to individuals living with acquired brain injury and/or traumatic brain injury or fetal alcohol spectrum disorder. The three editors are academics at Monash University with respective backgrounds in law, social work and criminology and they have co-authored the first and final chapters of the collection as well as two other chapters (one of those co-authored with Rebecca Bunn). The editors have assembled contributors from the United States, England, South Africa and Australia, many of them academics with backgrounds in law, psychiatry, psychology, sociology and neuroscience. The collection developed out of the editors’ empirical research funded by the Office of the Public Advocate in Victoria, and many of the authors attended a meeting at the Monash campus in Prato, Italy to discuss their contributions. That background to the book has obviously contributed to a sense of overall cohesion which is sometimes lacking in edited collections. This collection deals with a little-explored area of the criminal justice system, and that in itself is commendable. However, it is worthwhile setting out some concerns with the way in which the topic is framed. The editors use the term ‘neurodisability’ in its broadest sense to include ‘acquired brain injury (ABI) and/or traumatic brain injury (TBI), autism, fetal alcohol spectrum disorder (FASD), and intellectual disability’. The risk of using such a broad term that encompasses so many conditions is that nuance can be lost. Lumping so many diverse conditions under an umbrella term also brings with it the danger of unintentional ‘othering’ of persons with disabilities. I baulked, for example, at one reference to people with Williams syndrome being described as ‘the Golden Retrievers of humanity’ (p. 28). Comparing persons with disabilities to animals, even if well-intentioned, undercuts attempts to ensure ‘the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity’. It is also possible that a broad term such as neurodisability might give rise to questionable assumptions about the association between the conditions listed and criminal behaviour. The editors, for example, write, without any footnote references, that ‘ABI, TBI, FASD and ID and other forms of disability are becoming increasingly recognised as major contributors to criminal behaviours’ (emphasis added, p. 13). Such a generalisation risks conflating correlation with causation, and more care could have been taken in this regard. Some of the authors do refer to the complexities associated with the diagnoses of ABI, TBI and FASD, which is to be expected, but","PeriodicalId":51553,"journal":{"name":"Psychiatry Psychology and Law","volume":"30 1","pages":"224 - 227"},"PeriodicalIF":1.3,"publicationDate":"2022-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48281971","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":"Interpreting R v Presser: a clinician’s guide to contemporary Australian fitness to stand trial case law","authors":"Grant A. Blake, J. Ogloff, Natalia Antolak-Saper","doi":"10.1080/13218719.2022.2136278","DOIUrl":"https://doi.org/10.1080/13218719.2022.2136278","url":null,"abstract":"Forensic mental health clinicians are often tasked with assessing and reporting upon a defendant’s fitness for trial. However, because fitness is a legal construct, not a clinical one, clinicians are often unaware of the impairment thresholds to be found unfit to stand trial. Common law holds that only ‘basic’ abilities are required to be fit in Australia, yet what constitutes basic abilities is not defined in legislation. The following article presents a review of fitness case law and outlines how R v Presser 1 (‘Presser’) has been interpreted in the Australian courts. The seven Presser standards are systematically reviewed to explain what abilities a defendant must possess under each criterion and the degree of impairment required to be found fit or unfit to stand trial, and indicates where proportionality (eg the seriousness of the charge, complexity of the evidence) has been applied to raise or lower the threshold for fitness.","PeriodicalId":51553,"journal":{"name":"Psychiatry Psychology and Law","volume":"1 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44546296","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":"Identifying and responding to young people with cognitive disability and neurodiversity in Australian and Aotearoa New Zealand youth justice systems","authors":"K. Mcvilly, Molly McCarthy, A. Day, A. Birgden, Catia G. Malvaso","doi":"10.1080/13218719.2022.2124548","DOIUrl":"https://doi.org/10.1080/13218719.2022.2124548","url":null,"abstract":"Many young people in the criminal justice systems of both Australia and Aotearoa New Zealand will have cognitive disabilities and neurodiversity, and substantial challenges arise in efforts to provide services that will adequately meet their needs. This is despite the introduction of funding models based on an assessment of individual needs (rather than block funding to organisations). In this narrative scoping review, we argue that justice agencies will need to partner with specialist disability support services if they are to meet the needs of those in both custodial and community settings. This requires knowledge of the nature and prevalence of disability in the youth justice population, awareness of available service responses and the development of skills to engage young people in services and programmes that will support rehabilitation and community inclusion.","PeriodicalId":51553,"journal":{"name":"Psychiatry Psychology and Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47161199","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":"Patient profiles in high-security forensic psychiatry in Flanders","authors":"S. Verschueren, I. Jeandarme, Ruben van den Ameele, Bert Buysschaert, S. Bogaerts","doi":"10.1080/13218719.2022.2124549","DOIUrl":"https://doi.org/10.1080/13218719.2022.2124549","url":null,"abstract":"Recent research emphasizes the importance of personalized treatment in forensic psychiatry. However, the heterogeneity of forensic patients regarding psychopathology, offenses and risk and protective factors makes it difficult to provide personalized treatment. To facilitate the treatment indication process, previous research has developed patient profiles with corresponding treatment trajectories to compare individual patients with more homogeneous groups. The current study applied latent class analysis in 399 high-security patients in the two Forensic Psychiatric Centres in Flanders, based on their psychopathology, criminal history and risk and protective factors (Historical Clinical Future - Revised; HKT-R). Five patient profiles were found: the antisocial patient, the psychotic patient with diverse criminal behaviour, the patient with a personality disorder and multiple problems, the psychotic patient with physical violent crimes and the patient with a paraphilic disorder and sexual crimes. Similarities and differences from previous research and the importance to clinical practice and research are discussed.","PeriodicalId":51553,"journal":{"name":"Psychiatry Psychology and Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47835711","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 review of psycho-legal issues in credibility assessments of asylum claims based on religion","authors":"Hedayat Selim, Julia Korkman, Peter Nynäs, Elina Pirjatanniemi, J. Antfolk","doi":"10.1080/13218719.2022.2116611","DOIUrl":"https://doi.org/10.1080/13218719.2022.2116611","url":null,"abstract":"Religious persecution is a leading cause of global displacement. In the absence of supporting evidence, presenting a credible oral asylum claim based on religion is a difficult task for asylum-seekers. Asylum officials, in turn, face considerable challenges in evaluating the credibility of asylum-seekers’ claims to determine their eligibility for refugee status. We reviewed 21 original manuscripts addressing credibility assessments of asylum claims based on religion. We focused on (a) interviewers’ methods of eliciting a claim of religion; (b) their credibility assessments of particularly complex asylum claims, namely those based on religious conversion, unfamiliar religions, and non-belief; and (c) issues related to the presence of an interpreter. We found deviations in officials’ assessment patterns from established knowledge in legal psychology and religious studies. Closer collaboration between asylum practitioners and researchers in these fields is needed to improve the validity and reliability of credibility assessments of asylum claims based on religion.","PeriodicalId":51553,"journal":{"name":"Psychiatry Psychology and Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48691494","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":"Psychological factors predicting self-reported and observed aggression in male forensic psychiatric inpatients","authors":"R. Hornsveld, F. Kraaimaat","doi":"10.1080/13218719.2022.2116610","DOIUrl":"https://doi.org/10.1080/13218719.2022.2116610","url":null,"abstract":"The present study examined the psychological determinants of self-reported and observed aggression in male violent forensic psychiatric inpatients. Baseline data came from 232 inpatients referred to a cognitive–behavioral treatment program. Linear regression models were used to assess the relationship between the patients’ psychological characteristics and aggressive behavior. Self-reported aggression was studied with cross-sectional data, while the inpatients’ observed aggression in the ward was investigated with prospective data. The main factors contributing to the prediction of self-reported aggression were state anger, antisocial lifestyle and agreeableness, while the main factors contributing to the prediction of observed aggression were trait anger and agreeableness. The findings support the focus of treatment programs for forensic psychiatric inpatients on anger management.","PeriodicalId":51553,"journal":{"name":"Psychiatry Psychology and Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47406744","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":"Creating profiles of juvenile offenders using functions of aggression and callous-unemotional traits: relations to crime type.","authors":"Casey A Pederson,&nbsp;Rebecca L Griffith,&nbsp;Sarah Nowalis,&nbsp;Paula J Fite","doi":"10.1080/13218719.2022.2116609","DOIUrl":"https://doi.org/10.1080/13218719.2022.2116609","url":null,"abstract":"<p><p>A rich line of criminological theories and research has suggested that individual characteristics may be important to predicting criminal activity. However, there is limited research examining how individual characteristics may be related to the type of crime committed (e.g. violent, sex, drug). To provide guidance to these questions, the current set of two studies used latent profile analysis to identify groups of offenders based on individual factors (i.e. proactive and reactive aggression, and callous-unemotional traits), chosen for their interrelatedness and their established associations with crime, and examined whether these groups relate to type, severity or the number of crimes committed across two studies. In both studies, four groups of offenders were identified, but these groups were not associated with offending behaviors or patterns. Findings and implications are discussed.</p>","PeriodicalId":51553,"journal":{"name":"Psychiatry Psychology and Law","volume":"30 5","pages":"713-736"},"PeriodicalIF":1.3,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10512917/pdf/TPPL_30_2116609.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41106276","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":"You don't know: knowledge as supportive alibi evidence.","authors":"Ricardo Nieuwkamp,&nbsp;Robert Horselenberg,&nbsp;Peter van Koppen","doi":"10.1080/13218719.2022.2116608","DOIUrl":"https://doi.org/10.1080/13218719.2022.2116608","url":null,"abstract":"<p><p>Until now, supportive evidence for alibis has been conceptualised into two distinct types: witness and physical evidence. The present study examined whether knowledge, as a third type of supportive evidence, can contribute to the understanding of evidence for alibis. Three experiments were conducted in which police detectives, laypersons and undergraduate students were asked to evaluate four alibis with witness, physical or knowledge supportive evidence, or with no supportive evidence. The results from the three experiments show that knowledge evidence is equally believable as strong witness evidence. We also found that not all items of strong physical evidence are evaluated as equally strong and believable. We therefore suggest adjusting the criteria to determine the strength of physical evidence and conducting more research on knowledge evidence.</p>","PeriodicalId":51553,"journal":{"name":"Psychiatry Psychology and Law","volume":"30 5","pages":"695-712"},"PeriodicalIF":1.3,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10512775/pdf/TPPL_30_2116608.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41120159","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":"Neuropsychological Aspects of Brain Injury Litigation: A Medicolegal Handbook for Lawyers and Clinicians","authors":"S. Crowe","doi":"10.1080/13218719.2022.2116612","DOIUrl":"https://doi.org/10.1080/13218719.2022.2116612","url":null,"abstract":"","PeriodicalId":51553,"journal":{"name":"Psychiatry Psychology and Law","volume":"29 1","pages":"976 - 979"},"PeriodicalIF":1.3,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49617299","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":"Special considerations to the assessment of fitness to stand trial in Australia.","authors":"Grant A Blake,&nbsp;James R P Ogloff,&nbsp;Natalia Antolak-Saper","doi":"10.1080/13218719.2022.2100839","DOIUrl":"https://doi.org/10.1080/13218719.2022.2100839","url":null,"abstract":"<p><p>Australian criminal law presumes that defendants are fit to stand trial until proven otherwise on the balance of probabilities. Forensic mental health experts often provide opinions to the court about defendants' fitness, which requires them to understand the legal context within which the court decides the defendant's fitness status. This article outlines important case law considerations to the assessment of fitness in Australia, including the notions that fitness must be evaluated when there is a 'real and substantial question', assessments should be 'reasonable and common sense' and accommodations should be considered when impairments in capacity are evident. The essentially negligible impact of delusions, an unhelpful defence, unmanageable behaviour and poor defendant-lawyer relationship are also considered. Finally, precedent is reviewed for the use of the <i>Presser</i> standards in New Zealand and other pacific jurisdictions.</p>","PeriodicalId":51553,"journal":{"name":"Psychiatry Psychology and Law","volume":"30 5","pages":"679-694"},"PeriodicalIF":1.3,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10512877/pdf/TPPL_30_2100839.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41177459","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}