Psychiatry Psychology and Law最新文献

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.

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.

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 Presser standards in New Zealand and other pacific jurisdictions.

Research on the association between psychosis and criminal offending has typically focused on violent offenders with chronic psychotic illness. This stages of psychosis in prison (SOPP) study used a clinical staging approach to identify adult men referred to prison mental health services who had an at-risk mental state (ARMS), first episode of psychosis (FEP) or an established psychotic illness. Of the 105 participants included, 6% were determined to have FEP, 6% met ARMS criteria and the remainder had an established psychotic illness. Compared to a prison control sample, individuals on the psychosis spectrum were found to have higher levels of social disadvantage and other co-occurring mental health and substance use problems but were not more likely to have committed a violent offence. These findings support the notion that risk of criminal justice contact and complex illness burden exist across the full spectrum of psychotic illness.

We sought to determine whether or not there were differences in medical, criminological and legal factors between older and younger offenders with diagnoses of delusional jealousy by undertaking a retrospective case-file search of Australian legal databases. Our results demonstrate that older offenders were more likely to have comorbid dementia whereas younger offenders were more likely to have comorbid substance use and chronic psychotic conditions. A history of domestic violence frequently predated the index offence but we were unable to determine if this was due to psychosis or a pre-existing tendency for violence. Despite a common diagnosis, the older offenders were more likely to be made forensic patients rather than sentenced prisoners when compared with the younger offenders. Consequently, different factors might mediate the pathway to violence in older and younger people suffering from delusional jealousy and could be additional targets for clinical intervention.

In some Australian and international jurisdictions, coroners can deliver a legal determination of death whilst a person remains missing. Empirical attention to this unique area of law is sparse. Semi-structured interviews with 22 coronial professionals in New South Wales (NSW), Australia revealed their views about suspected death inquests, the impact of this judicial process on family well-being and measures to support and inform relatives in the coroner's court. Thematic analysis yielded five themes: (1) Information to the greatest extent possible; (2) Timeliness; (3) Opportunity to share their views; (4) In the public arena; and (5) Treat people like human beings. The professionals believed that relatives derive therapeutic benefit from timely, sensitive, comprehensible proceedings with opportunities for ritual, meaningful participation and fresh evidence whereas insensitive, incomprehensible and/or untimely proceedings magnify distress. Our findings promote understanding of trauma-informed practices which could mitigate harm to court participants and benefit other courts and jurisdictions.