Pub Date : 2024-11-28DOI: 10.1016/j.ijlp.2024.102038
Neil Meggison
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 Secretary of State for Justice v MM in 2018. The 2019 response of the Secretary of State for Justice to the MM 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.
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.
{"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}
Pub Date : 2024-11-25DOI: 10.1016/j.ijlp.2024.102042
Jill Stavert
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.
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.
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.
{"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}
Pub Date : 2024-11-22DOI: 10.1016/j.ijlp.2024.102040
Wasiu Olorunlambe , Sherifat Adeniyi
Background
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
Methods
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.
Results
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, p < .001), no parent is alive (OR = 0.502; 95CI% 0.234–3.15; p < .001), one parent is alive (OR = 0.522; 95 %CI 0.207, 3.09; p < .025) and female gender (OR = −0.22; 95CI% -1.37- 207; p < .008) predicted suicidal ideation. Suicidal ideation was comorbid with depressed-anxious symptoms (OR = 1.46; 95 %CI 1.172, 1.83; p < .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).
Conclusion
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.
{"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 , 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> < .001), no parent is alive (OR = 0<strong>.</strong>502; 95CI% 0.234–3.15; p < .001), one parent is alive (OR = 0.522; 95 %CI 0.207, 3.09; <em>p</em> < .025<strong>)</strong> and female gender (OR = −0.22; 95CI% -1.37- 207; <em>p</em> < .008) predicted suicidal ideation. Suicidal ideation was comorbid with depressed-anxious symptoms (OR = 1.46; 95 %CI 1.172, 1.83; <em>p</em> < .001) accounting for 31 % (Nagelkerke R<sup>2</sup>) 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}
Pub Date : 2024-11-01DOI: 10.1016/j.ijlp.2024.102034
Tara L. Cornelius , Kristen N. Jozkowski , Jody M. Ross , Dennis E. Reidy , Shaun M.J. Wehle , Jeff R. Temple , Michelle Drouin
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.
{"title":"Recent research involving consent, alcohol intoxication, and memory: Implications for expert testimony in sexual assault cases","authors":"Tara L. Cornelius , Kristen N. Jozkowski , Jody M. Ross , Dennis E. Reidy , Shaun M.J. Wehle , Jeff R. Temple , 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}
Pub Date : 2024-11-01DOI: 10.1016/j.ijlp.2024.102037
Linda Gröning , Slavka Dimitrova
This paper provides a comparative discussion of the use of special criminal sanctions for offenders with mental disorders in Bulgaria and Norway. Such sanctions can be used in both countries for offenders that are acquitted by reason of their mental state at the time of the act to prevent them from reoffending. The overall focus is to discuss the tendencies and challenges regarding the institutionalization of people with mental disorders and the use of special criminal sanctions to this end. The authors investigate how Bulgaria and Norway differ regarding how these sanctions and related mental health and forensic systems are organized. Moreover, the authors contextualize these findings in view of the major differences between the countries regarding available mental health resources and capacities. The authors show that both countries have several challenges, including the conditions in hospitals and mental health stigma, but that these are somewhat different in character and severity. An intriguing observation is that a problematic increase of the use of the criminal justice system to hospitalize people with mental disorders seems to happen in Norway but not in Bulgaria, and that this difference seems to be attributed to resources.
{"title":"Special criminal sanctions for offenders with mental disorders: Tendencies and challenges in Bulgaria and Norway","authors":"Linda Gröning , Slavka Dimitrova","doi":"10.1016/j.ijlp.2024.102037","DOIUrl":"10.1016/j.ijlp.2024.102037","url":null,"abstract":"<div><div>This paper provides a comparative discussion of the use of special criminal sanctions for offenders with mental disorders in Bulgaria and Norway. Such sanctions can be used in both countries for offenders that are acquitted by reason of their mental state at the time of the act to prevent them from reoffending. The overall focus is to discuss the tendencies and challenges regarding the institutionalization of people with mental disorders and the use of special criminal sanctions to this end. The authors investigate how Bulgaria and Norway differ regarding how these sanctions and related mental health and forensic systems are organized. Moreover, the authors contextualize these findings in view of the major differences between the countries regarding available mental health resources and capacities. The authors show that both countries have several challenges, including the conditions in hospitals and mental health stigma, but that these are somewhat different in character and severity. An intriguing observation is that a problematic increase of the use of the criminal justice system to hospitalize people with mental disorders seems to happen in Norway but not in Bulgaria, and that this difference seems to be attributed to resources.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"97 ","pages":"Article 102037"},"PeriodicalIF":1.4,"publicationDate":"2024-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142606898","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}
Pub Date : 2024-11-01DOI: 10.1016/j.ijlp.2024.102041
Yasin Hasan Balcioglu , Anna Margari , Alperen Yildiz , Gabriele Mandarelli , Lia Parente , Fulvio Carabellese , Rustem Dogan Uzlar , Roberto Catanesi , Fatih Oncu , Felice Carabellese
Objective
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.
Method
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.
Results
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.
Conclusion
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.
{"title":"Homicides by offenders with psychotic illness in Italy and Turkiye: A comparison of offender and crime-scene profiles","authors":"Yasin Hasan Balcioglu , Anna Margari , Alperen Yildiz , Gabriele Mandarelli , Lia Parente , Fulvio Carabellese , Rustem Dogan Uzlar , Roberto Catanesi , Fatih Oncu , 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}
Pub Date : 2024-11-01DOI: 10.1016/j.ijlp.2024.102036
Dilek Baysal , Vesile Senturk Cankorur
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.
{"title":"Comparison of sociodemographic, clinical, and alexithymia characteristics of schizophrenia patients with and without criminal records","authors":"Dilek Baysal , 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}
Pub Date : 2024-10-25DOI: 10.1016/j.ijlp.2024.102027
Deborah O'Connor , Joan Braun , Natasha Marriette , Kelly Purser
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.
{"title":"Assessing mental capacity in the context of abuse and neglect: A relational lens","authors":"Deborah O'Connor , Joan Braun , Natasha Marriette , 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}
Pub Date : 2024-10-23DOI: 10.1016/j.ijlp.2024.102031
Glenn D. Walters
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.
本研究利用感知和认知中介进行了中介分析，以研究法庭程序公正对后续犯罪的影响。本研究测试的假设认为，法庭程序公正会促进感知到的惩罚确定性的改变，感知到的确定性的改变会促进制度合法性的改变，制度合法性的改变会导致犯罪的减少。这个双中介模型在 "脱罪之路"（Pathways to Desistance）研究的 1354 名（男性 1170 人，女性 184 人）严重犯罪青少年样本中进行了测试。四方程因果中介分析的结果表明，从强烈的法院程序正义感到惩罚的确定性增加，再到机构的高度合法性，最后到低犯罪率之间存在一条重要的路径。相反，没有证据表明，从强烈的惩罚确定性到增强的法庭程序公正性，再到高制度合法性，最后到低犯罪率之间存在一条重要的路径。这些结果让我们了解到，对法庭程序公正的强烈认知可能间接导致犯罪率随着时间的推移而下降，同时也为如何通过政策措施和治疗干预来管理这一过程提供了线索。
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Pub Date : 2024-10-21DOI: 10.1016/j.ijlp.2024.102035
Marcó-García Silvia , Guilera Georgina , Ferrer-Quintero Marta , Ochoa Susana , Escuder-Romeva Gemma , Rubio-Abadal Elena , Martínez-Mondejar Arantxa , del Cacho Núria , Montalbán-Roca Vanessa , Escanilla-Casal Ana , Balsells-Mejía Sol , Huerta-Ramos Elena
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.
精神行为能力评估在决策过程中起着至关重要的作用，尤其是在精神病领域，因为在这些领域中，确定行为能力的法律框架差异很大。本研究探讨了严重精神障碍（SMD）患者的认知功能与决策能力修正（CM）之间的关系，揭示了神经心理学评估在决策能力修正过程中的重要性。横断面描述性研究，77 名患有严重精神障碍和决策能力改变的成年患者，33 名未患有决策能力改变的成年患者，均来自 Parc Sanitari Sant Joan de Déu（西班牙）的精神卫生部门。研究人员收集了脑中风、社会人口学和神经心理学数据。此外，还对患者的精神能力进行了独立的简要评估。在 CM 过程中，男性的比例较高。三组患者均表现出轻度多域功能障碍，在执行功能、记忆力和处理速度方面存在障碍。中枢神经系统疾病患者的言语学习能力较差，这对他们的职业和家庭功能产生了影响。记忆编码与心理决定能力呈正相关，这表明记忆编码可初步被视为 CM 过程中的潜在预测指标。这项研究有助于深入了解 SMD 中的脑中风认知方面，强调在评估这类人群的决策能力时，需要采用一种综合临床、认知和社会因素的全面方法。
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