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Illuminating Sociocultural and Ethnocultural Consciousness in Forensic Practice. 司法实践中的社会文化意识和民族文化意识。
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-06-01 DOI: 10.29158/JAAPL.230026-23
Ezra E H Griffith, Shoba Sreenivasan, Melinda S DiCiro, Eric M Wagreich

In recent decades, there has been an evolution in forensic psychiatry and psychology toward closer examination of the professionals' attitudes and intentions in their practice. We theorize that the progressive change reflects increased attention to the experiences of evaluators and evaluees in their social worlds. This cultural focus complements the traditional emphasis on biomedical elements, such as neuropsychiatric disorders. We suggest that sociocultural factors (such as poverty, trauma, and sexual orientation) and ethnocultural factors (such as those related to ethnic status, discrimination, and racialized application of risk assessment) have contributed substantially to these developments in forensic practice. We utilize past and current literature to illustrate the change and to frame it as a way of improving practice. This is a call for forensic practitioners to enhance their awareness of the impact of social and ethnocultural factors. We recommend further examination of these ideas by training programs and broader scholarly discussion in educational forums.

近几十年来,法医精神病学和心理学的发展趋向于更深入地研究专业人员在执业过程中的态度和意图。我们的理论认为,这种渐进式的变化反映了对评估者和被评估者在他们的社会世界中的经历的越来越多的关注。这种文化重点补充了传统上对生物医学因素的重视,如神经精神疾病。我们认为,社会文化因素(如贫困、创伤和性取向)和民族文化因素(如与民族地位、歧视和风险评估的种族化应用有关的因素)对法医实践中的这些发展做出了重大贡献。我们利用过去和现在的文献来说明这种变化,并将其作为改进实践的一种方式。这是对法医从业者的呼吁,要求他们提高对社会和民族文化因素影响的认识。我们建议通过培训项目和在教育论坛上进行更广泛的学术讨论来进一步研究这些观点。
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引用次数: 0
Theory and Application of Neuropsychological Underpinnings of Adjudicative Competency. 判决胜任力的神经心理学基础理论与应用。
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-06-01 DOI: 10.29158/JAAPL.230022-23
Lori L Hauser

In their article, Aveson and colleagues postulate a model for understanding the neurocognitive underpinnings of competence to stand trial, and they present evidence to support that model for two specific facets: social intelligence and auditory verbal (episodic) memory. This commentary attempts to extend those findings by outlining specific interventions and assessment methods in the inpatient restoration setting that focus on strengthening these capacities and connecting them to the psycho legal context. It echoes the work of Aveson et al. that court is a transactional, social context heavily dependent on auditory processing and verbal comprehension and expression and suggests that restoration programs ought to incorporate interventions and assessment tools that address such faculties. Further refinement of our understanding of competence and its constituent components will enable us to better allocate scarce resources throughout the system, to tailor restoration programming to the needs of each individual defendant, and to aid defendants through restoration programming to develop the skills to take a more involved, collaborative role in the process.

在他们的文章中,Aveson和他的同事们假设了一个理解受审能力的神经认知基础的模型,他们提出了两个特定方面的证据来支持这个模型:社会智力和听觉语言(情景)记忆。本评论试图通过概述住院康复环境中的具体干预措施和评估方法来扩展这些发现,这些措施和评估方法侧重于加强这些能力并将其与心理法律环境联系起来。这与Aveson等人的工作相呼应,即法院是一个交易性的社会环境,严重依赖于听觉处理和口头理解和表达,并建议恢复计划应该包括针对这些能力的干预和评估工具。进一步完善我们对能力及其组成部分的理解,将使我们能够更好地在整个系统中分配稀缺资源,根据每个被告的需要量身定制恢复计划,并通过恢复计划帮助被告发展技能,在这一过程中发挥更大的参与和协作作用。
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引用次数: 0
The Perilous Policy of Oregon's Psilocybin Services. 俄勒冈州裸盖菇素服务的危险政策。
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-06-01 DOI: 10.29158/JAAPL.230023-23
Brian Holoyda
of votes; 2020. Available from: https://sos.oregon.gov/ elections/Documents/results/november-general-2020.pdf. Accessed
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引用次数: 0
The Importance of Sibling Relationships for Children in Foster Care. 兄弟姐妹关系对寄养儿童的重要性。
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-06-01 DOI: 10.29158/JAAPL.230029-23
R M A Shafi, Eric R Pease, Magdalena Romanowicz, Megan Baker, Sarah Wakefield, Wynne S Morgan, Mary Lynn Dell

There are approximately 500,000 children in the foster care system in the United States of America. With exposure to chronic and cumulative trauma, they constitute a population with an increased risk of developing mental health concerns and adverse outcomes in later life, including contact with the forensic system. Legislative frameworks that have been developed to facilitate improved outcomes are outlined, although these vary between states, and the focus is often on the parental relationship. Several studies have emphasized the importance of sibling relationships and that placing siblings in the same foster home is associated with higher rates of placement stability, reunification, adoption and guardianship, and fostering positive sibling relations. The multifaceted role of the clinician in promoting recovery from trauma, enhancing resiliency, and thoughtfully prescribing and advocating for familial relationships is discussed.

在美利坚合众国,大约有50万儿童在寄养系统中。由于遭受慢性和累积性创伤,他们构成了在以后生活中出现精神健康问题和不良后果(包括与法医系统接触)的风险增加的人群。本文概述了为促进改善结果而制定的立法框架,尽管这些框架因州而异,而且重点往往放在父母关系上。几项研究强调了兄弟姐妹关系的重要性,将兄弟姐妹安置在同一个寄养家庭与安置稳定性、团聚、收养和监护以及培养积极的兄弟姐妹关系的较高比率有关。本文讨论了临床医生在促进创伤恢复、增强复原力、开处方和倡导家庭关系方面的多方面作用。
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引用次数: 1
Automatic Stay of Involuntary Medication Orders and Tolling of Statutory Limitations 自动中止非自愿用药令及法定时效
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-06-01 DOI: 10.29158/JAAPL.230034L1-23
Lauren DeMarco, R. Weisman
TheMaryland Court of Appeals found that the plain language of Md. Code Ann. Health-Gen. § 10–708 established that, at a hearing to appeal a clinical review panel’s decision, a patient had a right to request counsel. The court ruled that procedural due process required verification of the patient’s knowing and voluntary waiver of the right to request counsel, but an on-the-record colloquy is not required. In addition, the patient’s right to request counsel is not subject to a time limit. The court was cognizant of the potential delays that having no time limit on requesting counsel could create. Patients, as a delaying tactic, could wait until the hearing before the ALJ before requesting counsel. Delays could place undue burden on the mental health system and potentially put the patient and others at risk of harm. On the other hand, the law clearly stated that Mr. Mercer had a right to request council. To determine whether Mr. Mercer was erroneously deprived of procedural due process, the court turned to the balancing test provided in Mathews v. Eldridge, 424 U.S. 319 (1976). The court determined that, because the appeal request form was deficient and the administrative hearing took place beyond the seven days prescribed by law, Mr. Mercer had been erroneously deprived of procedural due process. The court suggested that the appeal request form could be redrafted to advise individuals of their right to request counsel and also include information on the consequences of declining counsel. Verification of the waiver could be accomplished through this modified appeals request form or an in-person procedure.
马里兰州上诉法院裁定,马里兰州的简明语言。§10-708规定,在对临床审查小组的决定提出上诉的听证会上,患者有权请求律师。法院裁定,程序性正当程序要求核实患者是否知情并自愿放弃请求律师的权利,但不需要进行记录在案的座谈会。此外,患者请求律师的权利不受时间限制。法院意识到,对请求律师没有时间限制可能会造成潜在的延误。作为一种拖延战术,患者可以等到ALJ的听证会后再请求律师。延误可能会给心理健康系统带来不应有的负担,并可能使患者和其他人面临伤害的风险。另一方面,法律明确规定,默瑟先生有权向理事会提出请求。为了确定Mercer先生是否被错误地剥夺了程序正当程序,法院转向了Mathews诉Eldridge案中提供的平衡测试,《美国联邦判例汇编》第424卷第319页(1976年)。法院认定,由于上诉申请表有缺陷,行政听证会超过了法律规定的七天,默瑟先生被错误地剥夺了程序正当程序。法院建议,可以重新起草上诉请求表,告知个人请求律师的权利,并包括关于拒绝律师的后果的信息。豁免的核实可以通过这种修改后的上诉申请表或当面程序来完成。
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引用次数: 0
ADA Protection of Transgender Rights 《美国残疾人法》保护跨性别者权利
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-06-01 DOI: 10.29158/JAAPL.230036-23
R. Coffin, Brianna Engelson, M. Kruse
The Illinois Supreme Court allowed Mr. H.’s petition for leave to appeal and examined whether Mr. H. had been inappropriately administered involuntary medication under § 2-107.1 of the Mental Health Code. Although the 90-day involuntary treatment order had expired before the appeal, the court agreed to review the case under the same mootness exceptions cited by the apellate court. Mr. H. did not dispute that the procedural protocol had been appropriately followed. Rather, he contended that the Powers of Attorney Law broadly provided his agent authority to make all medical decisions, including the right to refuse psychotropic medications on his behalf. As he had delegated his decision-making authority to his agent, and his agent declined treatment on his behalf, there was no basis by which an involuntary medication order could be filed in the first place. Mr. H. concluded that the trial court erred in denying his motion to dismiss the state’s petition seeking involuntary treatment. The Illinois Supreme Court stated that as the statute contained the disjunctive “or,” it indicated two independent alternatives. Involuntary treatment may be administered either with the consent of the health care agent appointed under the Powers of Attorney Law or involuntarily under § 2-107.1 of the Mental Health Code. The court also observed that § 2-107.1 refers to health care power of attorney repeatedly, requires attachment of an existing and available power of attorney to the petition, and provides for notice of the proceedings to the health care agent. Therefore, the Illinois Supreme Court concluded that all of these provisions would be “nonsensical” if the existence of the power of attorney required dismissal of the petition. The Illinois Supreme Court also stated that, when there are multiple statutes relating to the same subject, the presumption is that they are intended to be consistent and harmonious. If they appear to conflict, then they should be construed in harmony if reasonably possible. If it is not possible, then more recently enacted statutes supersede earlier ones and more specific statutes supersede general ones. Regarding the Powers of Attorney Law and the Mental Health Code statutes relevant to this case, the statutes could be interpreted in harmony. Specifically, the language of § 2-107.1 demonstrates a clear legislative intent for the Mental Health Code to act as a narrow exception to the health care agent’s authority to make health care decisions. Furthermore, the Illinois Supreme Court stated that even if the statutes could not be construed in harmony, the Mental Health Code would still apply as it is the more recent and more specific provision.
伊利诺伊州最高法院批准了H.先生的上诉许可申请,并根据《精神卫生法》第2-107.1条审查了H.先生是否被不当地服用了非自愿药物。尽管90天的非自愿治疗令在上诉前已经到期,但法院同意根据apellate法院引用的同样无意义的例外情况审查此案。H.先生对程序性议定书得到适当遵守没有异议。相反,他辩称,《授权书法》广泛赋予他的代理人作出所有医疗决定的权力,包括代表他拒绝服用精神药物的权利。由于他将决策权委托给了他的代理人,而他的代理人拒绝代表他接受治疗,因此最初没有任何依据可以提交非自愿用药令。H.先生的结论是,初审法院驳回了他驳回该州寻求非自愿治疗的请愿书的动议,这是错误的。伊利诺伊州最高法院表示,由于该法令包含了不连贯的“或”,它指示了两个独立的替代方案。非自愿治疗可以在根据《授权书法》任命的医疗保健代理人同意的情况下进行,也可以根据《精神卫生法》§2-107.1非自愿进行。法院还注意到,§2-107.1反复提及医疗保健授权书,要求在请愿书中附上现有和可用的授权书,并规定向医疗保健代理人发出诉讼通知。因此,伊利诺伊州最高法院得出结论,如果授权书的存在要求驳回请愿书,那么所有这些条款都是“荒谬的”。伊利诺伊州最高法院还表示,当有多部法规涉及同一主题时,推定它们旨在保持一致和和谐。如果它们看起来有冲突,那么在合理可能的情况下,它们应该被和谐地解释。如果这是不可能的,那么最近颁布的法规将取代早期的法规,更具体的法规将替代一般法规。关于与本案有关的《授权书法》和《精神卫生法》法规,可以对这些法规进行协调解释。具体而言,§2-107.1的语言表明了《精神卫生法》的明确立法意图,即作为医疗保健代理人做出医疗保健决定的权力的狭义例外。此外,伊利诺伊州最高法院表示,即使法规不能被和谐地解释,《精神健康法》仍然适用,因为它是最近的、更具体的条款。
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引用次数: 0
Deliberate Indifference by Officials in Case of Inmate-on-Inmate Violence 官员故意漠视犯人对犯人的暴力行为
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-06-01 DOI: 10.29158/JAAPL.230039L1-23
Emily Asher, J. Chamberlain
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引用次数: 0
Profiling Homicides Based on Impulsive or Proactive Natures in Male Schizophrenia Patients. 男性精神分裂症患者基于冲动或主动天性的凶杀侧写。
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-06-01 DOI: 10.29158/JAAPL.220064-22
Yasin Hasan Balcioglu, Simge Seren Kirlioglu Balcioglu, Fatih Oncu, Ahmet Turkcan

The main aim of this study was to ascertain whether a relationship existed between the modus operandi and motivation of homicide, clinical characteristics, and psychopathic traits in schizophrenia. Forty-seven male homicide perpetrators with schizophrenia were included in the study. We classified types of homicide perpetrated by the patients as predominantly impulsive (n = 27) or proactive (n = 20) in nature. We also evaluated the psychotic motivation accompanying the homicide. Forty-four (93.6%) of the homicides were psychotically motivated. The victim was a stranger in only 8.5 percent of the homicides. Use of firearms as a killing method was significantly higher in predominantly proactive homicides (30%) compared with impulsive homicides (3.7%). Infidelity delusions were more frequent in proactive homicides than in impulsive homicides. According to regression models, a predominantly proactive homicide was significantly associated with being married, older age at illness onset, killing with firearms, infidelity delusions and a high PCL-R affective facet score in univariate analyses. Multivariate analyses showed a significant association with infidelity delusions and a high PCL-R affective facet score. Our results confirm that certain predispositions, as well as contextual factors, may be associated with the violent subtype of homicidal behavior in perpetrators with schizophrenia.

本研究的主要目的是确定精神分裂症的作案手法和杀人动机、临床特征和精神病态特征之间是否存在关系。47名患有精神分裂症的男性杀人者参与了这项研究。我们将患者犯下的杀人类型分类为主要是冲动性(n = 27)或主动性(n = 20)。我们也评估了伴随谋杀的精神动机。44起(93.6%)的杀人案是由精神原因引起的。只有8.5%的凶杀案的受害者是陌生人。在以主动杀人为主的案件中,使用枪支作为杀人手段的比例(30%)明显高于冲动杀人(3.7%)。不忠妄想在主动杀人中比在冲动杀人中更常见。根据回归模型,在单变量分析中,主要的主动杀人与已婚、发病年龄较大、枪支杀人、不忠妄想和高PCL-R情感面评分显著相关。多变量分析显示,与不忠妄想和高PCL-R情感面评分显著相关。我们的研究结果证实,某些倾向以及环境因素可能与精神分裂症患者的暴力亚型杀人行为有关。
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引用次数: 1
Mitigating the Risk of Digital Financial Exploitation. 降低数字金融剥削的风险。
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-06-01 DOI: 10.29158/JAAPL.230028-23
Patricia R Recupero

The article by Zhang and colleagues in this issue of The Journal calls attention to an important but underrecognized problem facing today's seniors and their loved ones. The risk of digital financial exploitation, particularly in the wake of the COVID-19 pandemic, has risen considerably in recent years and continues to rise today. Zhang et al. provide a helpful analysis of assessment tools currently available to forensic psychiatrists for the evaluation of financial capacity. Although many of these tools were not originally intended to encompass technologically based transactions, the risks of fraud and scams associated with payment apps, social media, and electronic fund transfers are considerable and growing. Fraudsters frequently target vulnerable older adults, and victims have lost large sums through some of the more prevalent schemes. Several strategies can help to mitigate the risk of severe losses and to increase the likelihood that lost assets can be recovered. Proactive education through increased awareness will prove helpful, but given the growing sophistication of modern digital cons, such as romance scams, increased technological safeguards are warranted in the setting of reduced financial capacity. When losses do occur, there are some resources for recovery and for filing complaints against perpetrators.

张和同事在本期《华尔街日报》上发表的文章呼吁人们关注当今老年人及其亲人面临的一个重要但未被认识到的问题。近年来,特别是在2019冠状病毒病大流行之后,数字金融剥削的风险大幅上升,并在今天继续上升。Zhang等人对目前法医精神科医生用于评估财务能力的评估工具进行了有益的分析。虽然这些工具中的许多最初并不是为了包含基于技术的交易,但与支付应用程序、社交媒体和电子资金转账相关的欺诈和诈骗风险相当大,而且还在不断增长。诈骗者经常以脆弱的老年人为目标,受害者在一些更普遍的骗局中损失了大笔资金。有几种策略可以帮助减轻严重损失的风险,并增加恢复损失资产的可能性。通过提高意识进行主动教育将被证明是有益的,但考虑到现代数字骗局(如浪漫骗局)越来越复杂,在经济能力下降的情况下,有必要增加技术保障。当确实发生损失时,有一些资源用于恢复和对肇事者提起诉讼。
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引用次数: 1
New Directions for Cultural Formulations in Forensic Psychiatry. 法医精神病学文化表述的新方向。
IF 2.7 4区 医学 Q1 LAW Pub Date : 2023-06-01 DOI: 10.29158/JAAPL.230025-23
Neil Krishan Aggarwal

Forensic psychiatrists have called for greater attention to cultural and racial topics in assessing examinees. While suggestions for new methods are welcome, they can ignore the extent of scientific progress if existing assessments are not accurately appraised. This article analyzes the arguments of two recent publications in The Journal that mischaracterize the cultural formulation approach. Contrary to the idea that forensic psychiatrists have received little guidance on assessing an examinee's racial identity, the article shows that forensic psychiatrists have contributed to scholarship on assessing racial identifications through cultural formulations that elicit how minoritized ethnoracial examinees interpret their illness experiences and legal involvements. The article also seeks to dispel misunderstandings about the Cultural Formulation Interview (CFI), which clinicians have used to complete person-centered cultural assessments, including in forensic settings. Conducting research, practice, and educational activities on the cultural formulation can be ways for forensic psychiatrists to combat systemic racism.

法医精神科医生呼吁在评估考生时更多地关注文化和种族问题。虽然新方法的建议是受欢迎的,但如果现有的评估没有得到准确的评估,它们可能会忽视科学进步的程度。本文分析了最近发表在《华尔街日报》上的两篇错误描述文化表述方法的文章。与法医精神科医生在评估考生的种族身份方面几乎没有得到指导的观点相反,这篇文章表明,法医精神科医生通过引出少数民族考生如何解释他们的疾病经历和法律参与的文化构想,对评估种族身份的学术研究做出了贡献。本文还试图消除对文化形成访谈(CFI)的误解,临床医生已经使用CFI来完成以人为中心的文化评估,包括在法医环境中。开展关于文化形成的研究、实践和教育活动可以成为法医精神科医生对抗系统性种族主义的方法。
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引用次数: 0
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Journal of the American Academy of Psychiatry and the Law
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