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Mental Health as Mitigation Evidence 精神健康作为减刑证据
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230066L2-23
Mia M. Ricardo, Nathan Frommer
medical or psychological terms” (Toolan, p 683). Ultimately, the court found that Dr. Kelly’s testimony was permissible, because he only briefly mentioned the legal definition and then reframed his answer on objection. Second, Mr. Toolan asserted that the judge did not sufficiently explain the difference between a lack of criminal responsibility (based on mental disease or defect) and diminished capacity (based on mental impairment), and that the jury may have assumed that they cannot find that the defendant had a diminished capacity if he was criminally responsible. The court ruled that the judge’s instructions were adequate, as he presented the two concepts as two separate factors to consider. Further, in this case, the court found that the evidence regarding premeditation was so strong that any confusion was unlikely to lead to error. Finally, Mr. Toolan contended that the jury should have been instructed to consider Mr. Toolan’s inability to resist the urge to use drugs and alcohol, even if he knew the effect it would have on his mental state. He argued that this further instruction should have been given when the jury received instruction that a defendant who voluntarily uses substances, knowing the effect it would have on an existing mental disease or defect, is still criminally responsible. In affirming the convictions, the court acknowledged that the science previously relied on no longer reflects the current understanding of addiction and how it may affect a person’s urges to use drugs or alcohol. The court determined, however, that Mr. Toolan’s conduct was knowing and intentional and, therefore, did not meet the criteria for insanity.
医学或心理学术语”(图兰,第683页)。最终,法院裁定凯利博士的证词是允许的,因为他只是简单地提到了法律定义,然后就反对意见重新进行了回答。第二,Toolan先生声称,法官没有充分解释缺乏刑事责任(基于精神疾病或缺陷)和行为能力减弱(基于精神损伤)之间的区别,陪审团可能认为,如果被告负有刑事责任,他们无法发现被告行为能力减弱。法院裁定法官的指示是充分的,因为他将这两个概念作为两个单独的因素加以考虑。此外,在本案中,法院认为关于预谋的证据是如此有力,任何混淆都不太可能导致错误。最后,图兰辩称,应该指示陪审团考虑图兰无法抗拒使用毒品和酒精的冲动,即使他知道这会对他的精神状态产生影响。他争辩说,当陪审团收到被告明知会对现有精神疾病或缺陷造成影响而自愿使用药物的指示时,应当给予这一进一步指示。在确认这些定罪时,法院承认,以前所依赖的科学不再反映当前对成瘾的理解,以及它如何影响一个人使用毒品或酒精的冲动。然而,法院认定,图兰先生的行为是故意的,因此不符合精神错乱的标准。
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引用次数: 0
Posttraumatic Stress Disorder as Compensable Occupational Disease 创伤后应激障碍是可补偿的职业病
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230067L1-23
Amber Boutwell, D. Kelly
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引用次数: 0
Seymour Pollack, MD, MA 西摩·波拉克,医学博士,硕士
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230055-23
T. Botello, B. Gross, L. Weinberger
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引用次数: 0
Adverse Childhood Experiences and Arrest Rates among Individuals with Serious Mental Illnesses. 不良童年经历和严重精神疾病患者的逮捕率。
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.220096-22
Oluwatoyin Ashekun, Adria Zern, Stephanie Langlois, Michael T Compton

Adverse childhood experiences (ACEs) are linked to both poor mental health and adverse social outcomes, including arrest and incarceration. Furthermore, individuals with serious mental illnesses (SMI) are known to have high rates of childhood adversity and are overrepresented in all facets of the criminal justice system. Few studies have examined the associations between ACEs and arrests among individuals with SMI. We examined the impact of ACEs on arrest among individuals with SMI while controlling for age, gender, race, and educational attainment. In a combined sample from two separate studies in different settings (N = 539), we hypothesized that ACE scores would be associated with prior arrest, as well as rate of arrests. The prevalence of prior arrest was very high (415, 77.3%) and was predicted by male gender, African American race, lower educational attainment, and mood disorder diagnosis. Arrest rate (number of arrests per decade, which thus accounted for age) was predicted by lower educational attainment and higher ACE score. Diverse clinical and policy implications include improving educational outcomes for individuals with SMI, reducing and addressing childhood maltreatment and other forms of childhood or adolescent adversity, and clinical approaches that help clients reduce the likelihood of arrest while addressing trauma histories.

不良的童年经历(ace)与不良的心理健康和不良的社会后果(包括逮捕和监禁)有关。此外,患有严重精神疾病(SMI)的人在童年时期遭遇逆境的比例很高,在刑事司法系统的各个方面都有过高的代表性。很少有研究调查重度精神分裂症患者的ace和逮捕之间的关系。在控制年龄、性别、种族和受教育程度的情况下,我们研究了ace对重度精神分裂症患者被捕的影响。在两个不同环境下的独立研究的组合样本中(N = 539),我们假设ACE分数与先前的逮捕以及逮捕率有关。先前逮捕的患病率非常高(415,77.3%),与男性性别、非裔美国人种族、低教育程度和情绪障碍诊断有关。逮捕率(每十年被捕的次数,因此可以解释年龄)是由较低的受教育程度和较高的ACE分数预测的。不同的临床和政策影响包括改善重度精神障碍患者的教育成果,减少和解决儿童虐待和其他形式的童年或青少年逆境,以及帮助客户在解决创伤史的同时减少被捕可能性的临床方法。
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引用次数: 0
Due Process for Civil Commitment Proceedings 民事承诺程序的正当程序
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230068-23
Jason R Pickett, Bruce M. Cohen
requiring proof that prison officials knew of, but disregarded, an excessive risk to the inmate. Accordingly, Mr. Clark was required to allege adequately that prison officials had a sufficiently culpable state of mind. Mr. Clark had asserted that the prison officials had known about his history of significant mental illness and yet had disregarded his pleas to leave the SHU, leaving him there for seven months and causing his mental health to deteriorate. The court concluded that Mr. Clark’s allegations, that prison officials were deliberately indifferent as to the effects of prolonged isolation on Mr. Clark’s already severely compromised mental health, were sufficient to raise a legitimate Eighth Amendment claim. Finally, the Third Circuit addressed the legitimacy of the district court’s ruling that no established law had been violated during the seven months Mr. Clark spent in the SHU. To meet this subjective standard, the prison officials must have had “fair warning” that their conduct violated the prisoner’s Eighth Amendment right. To address this question, the court reviewed its own precedents, relevant U.S. Supreme Court decisions, and multiple federal circuit court decisions with related fact patterns. In these decisions, the Third Circuit noted that the knowing infliction of serious psychological injury, by whatever means, had consistently grounded Eighth Amendment violation claims. The court also relied on Cmty. Legal Aid Soc’y Inc. v. Coupe, 2016 WL 1055741 (D. Del. 2016), a decision handed down by a Delaware district court when Mr. Clark had been in the SHU for two months. In this decision, the district court ruled that Commissioner Coupe’s alleged conduct of “placing mentally ill inmates in solitary confinement, without adequate mental health treatment and out-of-cell time, raised a viable constitutional claim” (Cmty Legal Aid, p 2). The court also cited a Delaware statute, which was in effect at the time of Mr. Clark’s solitary confinement, preventing courts from imposing a term of solitary confinement for more than three months. The court concluded that the law, along with other sources of notice, sufficiently “warned prison officials that their purported conduct was unlawful” (Clark , p 188). The Third Circuit held that the district court’s grant of qualified immunity was premature, reversed the district court’s order dismissing the conditions of confinement claim, and remanded the case for further proceedings. Discussion
要求证明监狱官员知道,但忽视了囚犯的过度危险。因此,克拉克先生被要求充分指控监狱官员有足够有罪的心理状态。Clark先生声称,监狱官员知道他有严重的精神疾病史,但却无视他离开禁闭室的请求,将他留在那里七个月,导致他的精神健康恶化。法院的结论是,Clark先生的指控,即监狱官员故意对长期隔离对Clark先生已经严重受损的精神健康的影响漠不关心,足以提出第八修正案的合法主张。最后,第三巡回法院对地区法院的裁决进行了合法性的讨论,该裁决认为,在克拉克先生被关禁闭的七个月期间,没有违反任何既定法律。为了满足这一主观标准,监狱官员必须得到“公平警告”,即他们的行为违反了第八修正案赋予囚犯的权利。为了解决这个问题,最高法院审查了自己的判例、相关的美国最高法院判决,以及多个联邦巡回法院判决的相关事实模式。在这些判决中,第三巡回法院指出,无论以何种方式故意造成严重的心理伤害,始终是违反第八修正案的主张的依据。法院也依赖于Cmty。Legal Aid Soc 'y Inc.诉Coupe案,2016年WL 1055741 (D. Del. 2016),这是特拉华州地方法院在Clark先生被关禁闭两个月时作出的裁决。在这一决定中,地区法院裁定,Coupe专员涉嫌“将精神病囚犯单独监禁,没有给予充分的精神健康治疗和牢房外时间,这一行为提出了切实可行的宪法主张”(《Cmty法律援助》第2页)。法院还引用了特拉华州的一项法规,该法规在克拉克先生被单独监禁时有效,禁止法院判处单独监禁期限超过三个月。法院的结论是,法律连同其他通知来源已充分“警告监狱官员他们所声称的行为是非法的”(Clark,第188页)。第三巡回法院认为,地区法院给予有条件豁免为时过早,撤销了地区法院驳回禁闭条件要求的命令,并将该案发回进一步诉讼。讨论
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引用次数: 0
Mental Injury Worker’s Compensation Claims 精神伤害工人的赔偿要求
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230066-23
Lauren J. Ryan, Danielle Rynczak
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引用次数: 0
Parental Alienation: Science and Law 父母异化:科学与法律
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230073-23
Parental Alienation: Science and Law was edited by Demosthenes Lorandos, PhD, JD, and William Bernet, MD. There are 14 other individual authors. The book comprises 13 chapters divided into two larger sections. Section One, consisting of six chapters, is titled “Clinical Considerations and Research.” Section Two, consisting of the remaining chapters, is titled “Legal Issues.” The purpose of Parental Alienation: Science and Law is to provide a thorough analysis and history of parental alienation and parental alienation syndrome. In conjunction, editors and contributors articulate potential solutions to address this psychological phenomenon adequately. Parental alienation (PA) theory has gained traction in the United States and internationally, with early references dating back to English common law in 1804. The book’s authors define the concept as a mental condition in which a child allies strongly with one parent while rejecting the other parent without legitimate cause. Emphasis is placed on the last portion of the definition, “without legitimate cause.” If there is evidence of abuse or neglect from the nonpreferred parent, the more appropriate term is parental estrangement. This distinction is crucial when determining the best course of action regarding the psychological and physical well-being of the child. Although many attorneys and mental health professionals recognize PA as a form of psychological abuse and parental alienation syndrome as a mental condition, the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) does not recognize PA as a diagnosis, and introduction of PA concepts in courtroom proceedings is subject to expert witness scrutiny. The authors of Parental Alienation: Science and Law cite multiple studies measuring alienating behaviors in children and by parents or caregivers. The authors outline specific psychological consequences of parental alienation, such as higher incidences of depression and personality disorder pathologies. Additionally, the text’s authors criticize the adversarial family court system, which they argue increases the propensity for parental alienation. Finally, in the chapter titled “Public Policy Initiatives Related to Parental Alienation,” the authors recommend solutions to reduce parental alienation cases within the United States. The text’s authors provide readers with an in-depth analysis of the five-factor model, a tool to structure the investigation and assessment of parental alienation (not to be confused with the five-factor model of personality assessment). The five-factor model of parental alienation syndrome consists of the following five components: contact refusal by the child; the presence of a prior positive relationship between the child and the rejected parent; the absence of abuse or neglect by the rejected parent; the use of multiple alienating behaviors on the part of the favored parent; and the child’s exhibiting several of the behavioral manifestations of al
《父母疏远:科学与法律》由Demosthenes Lorandos博士、法学博士和William Bernet医学博士编辑。另外还有14位作者。这本书共有13章,分为两大部分。第一节由六章组成,标题为“临床考虑和研究”。第二节由其余章节组成,标题是“法律问题”。《父母疏远:科学与法律》的目的是对父母疏远和父母疏远综合症进行全面的分析和历史。编辑和撰稿人共同阐述了充分解决这一心理现象的潜在解决方案。父母异化(PA)理论在美国和国际上获得了广泛的关注,其早期参考可以追溯到1804年的英国普通法。该书的作者将这一概念定义为一种心理状态,即孩子在没有正当理由的情况下与父母一方强烈结盟,而拒绝另一方。重点放在定义的最后一部分,“没有正当理由”。如果有证据表明非推荐父母虐待或忽视,更合适的术语是父母疏远。在确定有关儿童身心健康的最佳行动方案时,这种区别至关重要。尽管许多律师和心理健康专业人士承认PA是一种心理虐待形式,父母疏远综合症是一种精神疾病,但《精神障碍诊断和统计手册》第五版(DSM-5)并不承认PA是诊断,在法庭诉讼中引入PA概念需经专家证人审查。《父母疏远:科学与法律》一书的作者引用了多项研究来衡量儿童以及父母或照顾者的疏远行为。作者概述了父母疏远的具体心理后果,如抑郁症和人格障碍的发病率较高。此外,该文本的作者批评了对抗性家庭法院制度,他们认为这增加了父母疏远的倾向。最后,在题为“与父母疏远有关的公共政策举措”的一章中,作者建议了减少美国境内父母疏远案件的解决方案。本文作者为读者提供了对五因素模型的深入分析,这是一种构建父母异化调查和评估的工具(不要与人格评估的五因素模型混淆)。父母疏远综合症的五因素模型由以下五个组成部分组成:儿童拒绝接触;孩子和被拒绝的父母之间存在先前的积极关系;被拒绝的父母没有虐待或忽视;偏爱的父母使用多种疏远行为;以及孩子表现出几种疏远的行为表现(即缺乏矛盾心理、对疏远的父母的严厉对待没有内疚感、拒绝大家庭等),在《拒绝接触的心理社会评估》中,读者看到了心理健康提供者拒绝接触的典型评估程序。拒绝接触可能有多种原因,包括但不限于父母疏远综合症。第2章描述了拒绝接触的各种外部和内部动机,并概述了适当的干预措施。这些内部和外部激励因素的例子包括忠诚冲突、孩子的正常偏好和孩子的回避冲突。在第4章“父母疏远:如何预防、管理和补救”中,作者特别关注父母疏远本身,并描述了一种彻底的方法来降低其流行率和发生率。这种方法包括为父母和儿童实施心理治疗,为儿童和父母实施教育计划,以及有效执行法院命令。法医精神病学家、儿童精神病学家以及图书和媒体
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引用次数: 0
Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences, 2nd Edition 应用犯罪心理学:法医行为科学指南,第2版
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230072-23
Vince Gilmer, Benjamin Gilmer
first time, and we feel his anguish when his clemency petitions on behalf of Vince Gilmer are twice denied. I reached out to Dr. Benjamin Gilmer and he generously agreed to an interview. We talked for about two hours on a Saturday morning over a virtual videoconferencing platform. He told me that his book had four aspects. It was a “deeply personal memoir,” a medical mystery about a murder, a story about our “shared cognitive fallibility,” and, “most importantly, it’s a book about social justice.” He reflected on the idea that society often fails to recognize that the brain can fail and, when it fails in certain ways, it can define how we’re perceived for life. The Other Dr. Gilmer is engaging and compelling. The central themes are important to both forensic psychiatry and correctional psychiatry. First, the text challenges us to overcome our biases. Dr. Vince Gilmer was labeled a malingerer early in his incarceration. This view of him colored the treatment he received in prison when he had behavioral outbursts or simply requested common medications like SSRIs. Too often, the approach was punitive rather than therapeutic. I want to be clear that I did not review nor am I criticizing his forensic mental health evaluation. It is apparent, however, that the perception that Dr. Vince Gilmer was a malingerer, championed by a police detective, colored the treatment he received until Dr. Benjamin Gilmer began to advocate on his behalf. One of the heroes of the story is the late Dr. Colin Angliker, a noted correctional psychiatrist, who took Dr. Vince Gilmer’s concerns seriously and arranged for the appropriate genetic testing. The second thing a reader should know is that Dr. Benjamin Gilmer offered a recommendation for forensic mental health evaluations. He noted that cancer treatment is often guided by multidisciplinary tumor boards. He marveled that a decision to sentence a person to prison for life could be made with only one mental health evaluator. He recommends that a team of experts evaluate defendants. This suggestion is certainly a thought-provoking idea and interesting comparison. Third, the book makes a compelling case for compassion in the criminal justice system. Whether or not one believes that Dr. Vince Gilmer was appropriately tried and convicted nearly two decades ago, he is now a man with a debilitating neuropsychiatric disease who is suffering in a correctional environment where he cannot access the care that would be available in the community. I found Dr. Benjamin Gilmer’s words of gratitude and tribute to Dr. Angliker particularly powerful: “Thank you for listening with open ears and seeing with childlike eyes while tirelessly serving incarcerated populations for over forty years. The compassion you shared for your patients never wavered from your first patient to your last: Vince. Your example of truth-telling has changed me forever” (p 285). Every forensic psychiatrist should aspire to no less.
第一次,当他代表文斯·吉尔默提出的宽大处理请求两次被拒绝时,我们感受到了他的痛苦。我联系了本杰明·吉尔默博士,他慷慨地同意了我的采访。周六早上,我们在一个虚拟视频会议平台上聊了大约两个小时。他告诉我他的书有四个方面。这是一本“非常个人化的回忆录”,一本关于谋杀的医学谜团,一个关于我们“共同认知失误”的故事,“最重要的是,这是一本关于社会正义的书。”。《另一个吉尔默博士》引人入胜。中心主题对法医精神病学和矫正精神病学都很重要。首先,文本挑战我们克服偏见。Vince Gilmer医生在被监禁的早期就被贴上了装病的标签。当他出现行为爆发或只是要求服用SSRIs等常见药物时,这种对他的看法影响了他在监狱中接受的治疗。这种做法往往是惩罚性的,而不是治疗性的。我想明确的是,我没有审查也没有批评他的法医心理健康评估。然而,很明显,在本杰明·吉尔默医生开始为他辩护之前,一名警探一直认为文斯·吉尔默医生是一个装病者,这给他所接受的治疗带来了色彩。故事中的英雄之一是已故的著名惩教精神病学家科林·安格里克博士,他认真对待文斯·吉尔默博士的担忧,并安排了适当的基因检测。读者应该知道的第二件事是Benjamin Gilmer博士为法医心理健康评估提供了建议。他指出,癌症治疗通常由多学科肿瘤委员会指导。他感到惊讶的是,只需一名心理健康评估师就可以做出判处一个人终身监禁的决定。他建议由一个专家小组对被告进行评估。这个建议无疑是一个发人深省的想法和有趣的比较。第三,这本书为刑事司法系统中的同情提供了一个令人信服的理由。无论人们是否相信Vince Gilmer医生在近20年前受到了适当的审判和定罪,他现在是一个患有衰弱性神经精神疾病的人,在一个无法获得社区护理的惩教环境中受苦。我发现Benjamin Gilmer博士对Dr。Anglicker特别有力:“感谢你在40多年的时间里,在为被监禁的人群不懈服务的同时,张开耳朵,用孩子般的眼睛倾听和观察。从你的第一个病人到你的最后一个病人:Vince,你对病人的同情从未动摇。你讲真话的榜样永远改变了我”(第285页)。每一个法医精神病学家都应该同样渴望。
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引用次数: 1
Criminal Justice Outcomes of Suicide by Cop Survivors. 警察幸存者自杀的刑事司法后果。
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.220116-22
Kenneth J Weiss

The concept of suicide by cop (SbC) is of interest to psychiatrists, law enforcement professionals, lawyers, and citizens. It is a form of provoked homicide arising from a wish to die. Those who attempt SbC experience more mental illness, substance use, and recent trauma than the general population. This article examines those who attempt SbC and survive the encounters. SbC survivors who threaten or harm police or others may be charged with crimes such as weapons possession, aggravated assault, murder or attempted murder of an officer. The formulation of a provocative act, however, frustrates attempts at defenses based on mental state, resulting in few requests for expert testimony. Few data exist on how these individuals fare in court. Appellate cases in which defendants attempted to introduce evidence of SbC illustrate great variability in adjudication. Psychiatric defenses, such as diminished capacity and insanity, are usually inapplicable or unsuccessful because intent and knowledge of wrongfulness are implied in the provocative act. Diversion of SbC defendants into mental health courts is rare because of firearms use against police. The author argues that criminal justice ignores SbC survivors' mental health and recommends application of therapeutic jurisprudence to give full expression of SbC dynamics.

警察自杀(SbC)的概念引起了精神科医生、执法人员、律师和公民的兴趣。这是一种因想死而引发的挑衅杀人。那些尝试SbC的人比一般人有更多的精神疾病、药物使用和最近的创伤。本文考察了那些尝试SbC并在遭遇中幸存下来的人。威胁或伤害警察或其他人的SbC幸存者可能会被指控持有武器、严重攻击、谋杀或企图谋杀警察等罪行。然而,挑衅性行为的表述阻碍了基于精神状态的辩护,导致很少有人要求专家作证。很少有数据显示这些人在法庭上的表现。在被告试图引入SbC证据的上诉案件中,裁决存在很大差异。精神病学的辩护,如行为能力下降和精神错乱,通常不适用或不成功,因为挑衅行为中暗示了意图和对不法行为的了解。由于对警察使用枪支,将SbC被告转移到精神健康法庭的情况很少。作者认为,刑事司法忽视了SbC幸存者的心理健康,建议运用治疗法学来充分表达SbC的动态。
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引用次数: 0
An International Comparison and Review of Self-Induced Intoxication Causing Automatism. 自致中毒引起自动性行为的国际比较与综述。
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-09-01 DOI: 10.29158/JAAPL.230042-23
Graham D Glancy, Kiran Patel, Marissa Heintzman, Richard M Schneider

The topic of self-induced intoxication causing automatism is a complex legal question that straddles the border of psychiatry, the law, and social policy. It has been argued that women and children are predominantly positioned as victims of sexual and domestic violence, in which substances often play a part. This consideration sensitizes society to any legal measures that may potentially excuse, mitigate, or absolve perpetrators. The legal systems in Canada, the United States, and the United Kingdom have dealt with these situations as best as they can, sometimes inconsistently and sometimes coming into conflict with the public discourse and subsequent legislation. This article presents a comparison of case law and legislation among these three countries. We review the concept of automatism and self-induced intoxication leading to automatism, and we show how the courts have dealt with this subject.

自我诱导的中毒引起的自动行为是一个复杂的法律问题,跨越了精神病学、法律和社会政策的边界。有人认为,妇女和儿童主要是性暴力和家庭暴力的受害者,而药物往往是其中的一部分。考虑到这一点,社会对任何可能为犯罪者开脱、减轻或赦免的法律措施都很敏感。加拿大、美国和英国的法律体系已经尽其所能地处理了这些情况,有时不一致,有时与公众话语和随后的立法发生冲突。本文对这三个国家的判例法和立法进行了比较。我们回顾了自动行为和导致自动行为的自我诱导中毒的概念,并展示了法院如何处理这一主题。
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引用次数: 0
期刊
Journal of the American Academy of Psychiatry and the Law
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