Pub Date : 2011-06-01DOI: 10.1177/009318531103900207
Jennifer Moore, Katherine M. Ramsland
In June 2008 the Supreme Court of the United States addressed the implications of mental illness on a defendant's constitutional right to self-representation in the case of Indiana v. Edwards. This article examines the Court's holding in Edwards from both legal and psychological perspectives. Additionally, particular factors essential for establishing a specific standard of analysis to evaluate pro se competency are addressed.
{"title":"Competence Assessment, Diverse Abilities, and a Pro Se Standard","authors":"Jennifer Moore, Katherine M. Ramsland","doi":"10.1177/009318531103900207","DOIUrl":"https://doi.org/10.1177/009318531103900207","url":null,"abstract":"In June 2008 the Supreme Court of the United States addressed the implications of mental illness on a defendant's constitutional right to self-representation in the case of Indiana v. Edwards. This article examines the Court's holding in Edwards from both legal and psychological perspectives. Additionally, particular factors essential for establishing a specific standard of analysis to evaluate pro se competency are addressed.","PeriodicalId":83131,"journal":{"name":"The Journal of psychiatry & law","volume":"59 1","pages":"297 - 319"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81520718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-06-01DOI: 10.1177/009318531103900205
K. Weiss, C. Watson, D. Markov, Elena Del Busto, N. Foubister, K. Doghramji
In this review, we trace the parallel development of scientific understanding of parasomnias and the jurisprudence of violent behavior during sleep. Before sleep physiology was studied, it was generally self-evident that sleeping persons would not be criminally responsible. Though the problem of malingering was acknowledged in early American forensic psychiatry, the defendant with sleepwalking or sleep drunkenness was treated leniently. Over the past half century, sleep physiology has been examined and there is a developing nomenclature for sleep disorders. Though there is no clear-cut correlation between violence and sleep, several parasomnias have been implicated. We discuss contemporary concepts of parasomnias and suggest how expert witnesses might apply this knowledge to the difficult matter of assessing criminal intent and responsibility.
{"title":"Parasomnias, Violence and the Law","authors":"K. Weiss, C. Watson, D. Markov, Elena Del Busto, N. Foubister, K. Doghramji","doi":"10.1177/009318531103900205","DOIUrl":"https://doi.org/10.1177/009318531103900205","url":null,"abstract":"In this review, we trace the parallel development of scientific understanding of parasomnias and the jurisprudence of violent behavior during sleep. Before sleep physiology was studied, it was generally self-evident that sleeping persons would not be criminally responsible. Though the problem of malingering was acknowledged in early American forensic psychiatry, the defendant with sleepwalking or sleep drunkenness was treated leniently. Over the past half century, sleep physiology has been examined and there is a developing nomenclature for sleep disorders. Though there is no clear-cut correlation between violence and sleep, several parasomnias have been implicated. We discuss contemporary concepts of parasomnias and suggest how expert witnesses might apply this knowledge to the difficult matter of assessing criminal intent and responsibility.","PeriodicalId":83131,"journal":{"name":"The Journal of psychiatry & law","volume":"2692 1","pages":"249 - 286"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86595509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-06-01DOI: 10.1177/009318531103900203
H. Bursztajn, T. Gutheil, A. Brodsky
The Program in Psychiatry and the Law (the Program) resides in the Department of Psychiatry, Beth Israel Deaconess Medical Center—a teaching hospital of Harvard Medical School. Over the course of three decades of collaborative work, the Program has evolved from its origins in several ways. To understand this evolution, it may be valuable to place members’ contributions into perspective by offering a conceptual biography, as it were, of the Program’s ideas and activities. Such a review will also convey some sense of the functioning of the Program itself, in addition to providing a context for the articles that comprise this first of two special issues of the Journal of Psychiatry & Law.
{"title":"Founders' Perspective on the History of the Program in Psychiatry and the Law","authors":"H. Bursztajn, T. Gutheil, A. Brodsky","doi":"10.1177/009318531103900203","DOIUrl":"https://doi.org/10.1177/009318531103900203","url":null,"abstract":"The Program in Psychiatry and the Law (the Program) resides in the Department of Psychiatry, Beth Israel Deaconess Medical Center—a teaching hospital of Harvard Medical School. Over the course of three decades of collaborative work, the Program has evolved from its origins in several ways. To understand this evolution, it may be valuable to place members’ contributions into perspective by offering a conceptual biography, as it were, of the Program’s ideas and activities. Such a review will also convey some sense of the functioning of the Program itself, in addition to providing a context for the articles that comprise this first of two special issues of the Journal of Psychiatry & Law.","PeriodicalId":83131,"journal":{"name":"The Journal of psychiatry & law","volume":"36 1","pages":"229 - 236"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75464344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-06-01DOI: 10.1177/009318531103900212
B. Stevens
{"title":"Book Section: Essays and Review: Disability Hate Crimes: Does Anyone Really Hate Disabled People?","authors":"B. Stevens","doi":"10.1177/009318531103900212","DOIUrl":"https://doi.org/10.1177/009318531103900212","url":null,"abstract":"","PeriodicalId":83131,"journal":{"name":"The Journal of psychiatry & law","volume":"33 1","pages":"387 - 392"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77899653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-06-01DOI: 10.1177/009318531103900208
D. Norris, M. Commons, P. Miller, K. M. Adams, T. Gutheil
This pilot study examined the overall job satisfaction of Massachusetts judges, and additionally addressed these judges' views of what might serve to increase their job satisfaction. Results indicated that these judges were highly satisfied with their jobs, and that they viewed increased pay as the most important contributor to increased job satisfaction, followed by improvements in professional support staff. Various other factors, including geographic location and the availability of computer networking, were viewed by these judges as relatively unimportant.
{"title":"A Pilot Study of Job Satisfaction in Massachusetts Judges","authors":"D. Norris, M. Commons, P. Miller, K. M. Adams, T. Gutheil","doi":"10.1177/009318531103900208","DOIUrl":"https://doi.org/10.1177/009318531103900208","url":null,"abstract":"This pilot study examined the overall job satisfaction of Massachusetts judges, and additionally addressed these judges' views of what might serve to increase their job satisfaction. Results indicated that these judges were highly satisfied with their jobs, and that they viewed increased pay as the most important contributor to increased job satisfaction, followed by improvements in professional support staff. Various other factors, including geographic location and the availability of computer networking, were viewed by these judges as relatively unimportant.","PeriodicalId":83131,"journal":{"name":"The Journal of psychiatry & law","volume":"560 1","pages":"321 - 337"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78034646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-06-01DOI: 10.1177/009318531103900210
J. Carpenter, G. Spruiell
A correctional policy of medically mandated, constitutionally guaranteed, and legally enforced mental health treatment for persons with mental illness sounds both humane and like good public policy. The widely assumed presumption is that such a framework exists and can be applied in correctional settings. Unfortunately, the piecemeal nature of current programs often interferes in addressing special offender populations such as persons with psychotic illness, sex offenders, psychopaths, substance abusers, domestic violence perpetrators, or any admixture thereof. This article concludes with a review of six cases that illustrate how clinicians, line staff, and administrative personnel in a typical prison milieu manage to finesse treatment under challenging conditions.
{"title":"The Psychology of Correctional Therapeutics and Offender Rehabilitation: Approaching a Balanced Model of Inmate Treatment","authors":"J. Carpenter, G. Spruiell","doi":"10.1177/009318531103900210","DOIUrl":"https://doi.org/10.1177/009318531103900210","url":null,"abstract":"A correctional policy of medically mandated, constitutionally guaranteed, and legally enforced mental health treatment for persons with mental illness sounds both humane and like good public policy. The widely assumed presumption is that such a framework exists and can be applied in correctional settings. Unfortunately, the piecemeal nature of current programs often interferes in addressing special offender populations such as persons with psychotic illness, sex offenders, psychopaths, substance abusers, domestic violence perpetrators, or any admixture thereof. This article concludes with a review of six cases that illustrate how clinicians, line staff, and administrative personnel in a typical prison milieu manage to finesse treatment under challenging conditions.","PeriodicalId":83131,"journal":{"name":"The Journal of psychiatry & law","volume":"33 1","pages":"365 - 382"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78342860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-06-01DOI: 10.1177/009318531103900211
JoAnna J. Barnes
With the enactment of the Americans with Disabilities Act Amendment Act of 2008 (ADAAA, P.L. 110-325) and its accompanying regulations, more undergraduate students with learning disabilities will be able to obtain accommodations in college and on standardized testing. With these accommodations, it is likely that more and more students with learning disabilities will graduate with a strong academic record and be admitted to law school. So, it is timely that Leah Christensen has written a book to help law students who learn differently.
{"title":"Book Section: Essays and Review: Learning outside the Box: A Handbook for Law Students Who Learn Differently","authors":"JoAnna J. Barnes","doi":"10.1177/009318531103900211","DOIUrl":"https://doi.org/10.1177/009318531103900211","url":null,"abstract":"With the enactment of the Americans with Disabilities Act Amendment Act of 2008 (ADAAA, P.L. 110-325) and its accompanying regulations, more undergraduate students with learning disabilities will be able to obtain accommodations in college and on standardized testing. With these accommodations, it is likely that more and more students with learning disabilities will graduate with a strong academic record and be admitted to law school. So, it is timely that Leah Christensen has written a book to help law students who learn differently.","PeriodicalId":83131,"journal":{"name":"The Journal of psychiatry & law","volume":"153 1","pages":"383 - 386"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76246390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-06-01DOI: 10.1177/009318531103900209
R. Rogers, A. Boals, E. Drogin
The current threat of global terrorism has sparked a renewed interest in the development of more effective methods for the detection of deception. In the United States, the American Psychological Association (APA)—spurred by torture allegations involving terrorist suspects—established guidelines for professional practice regarding investigative methods that could be conceptualized as coercive. As affirmed by APA, psychological research can play an active and ethical role in the development of standardized methods for the detection of deception. Instead of focusing on external sources of terrorism, this conceptual paper argues for programmatic research on insider threats, specifically risks to national security posed by government and other employees. In briefly reviewing deception research, recent investigations of cognitive loads and deceptions hold particular promise, especially studies that systematically manipulate levels of cognitive load. These methods can be extended to collateral sources, further minimizing ethical concerns while broadening the scope of deception investigation.
{"title":"Applying Cognitive Models of Deception to National Security Investigations: Considerations of Psychological Research, Law, and Ethical Practice","authors":"R. Rogers, A. Boals, E. Drogin","doi":"10.1177/009318531103900209","DOIUrl":"https://doi.org/10.1177/009318531103900209","url":null,"abstract":"The current threat of global terrorism has sparked a renewed interest in the development of more effective methods for the detection of deception. In the United States, the American Psychological Association (APA)—spurred by torture allegations involving terrorist suspects—established guidelines for professional practice regarding investigative methods that could be conceptualized as coercive. As affirmed by APA, psychological research can play an active and ethical role in the development of standardized methods for the detection of deception. Instead of focusing on external sources of terrorism, this conceptual paper argues for programmatic research on insider threats, specifically risks to national security posed by government and other employees. In briefly reviewing deception research, recent investigations of cognitive loads and deceptions hold particular promise, especially studies that systematically manipulate levels of cognitive load. These methods can be extended to collateral sources, further minimizing ethical concerns while broadening the scope of deception investigation.","PeriodicalId":83131,"journal":{"name":"The Journal of psychiatry & law","volume":"154 1","pages":"339 - 364"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89237529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2011-06-01DOI: 10.1177/009318531103900204
T. Gutheil, H. Book, A. Brodsky
An approach analogous to the military concept of “conduct unbecoming an officer” is increasingly evident in the attempted management of physicians' personal behavior by medical licensing entities—even when such behavior bears little or no relation to medical practice. This article surveys the genesis of this approach, the social and professional forces that have encouraged attempts to regulate extra-medical activities, and the current status of pertinent guild rules and other professional guidelines. Two reported case examples are reviewed with critical commentary.
{"title":"The Concept of “Conduct Unbecoming” as Applied to a Physician's Extra-Medical Behavior","authors":"T. Gutheil, H. Book, A. Brodsky","doi":"10.1177/009318531103900204","DOIUrl":"https://doi.org/10.1177/009318531103900204","url":null,"abstract":"An approach analogous to the military concept of “conduct unbecoming an officer” is increasingly evident in the attempted management of physicians' personal behavior by medical licensing entities—even when such behavior bears little or no relation to medical practice. This article surveys the genesis of this approach, the social and professional forces that have encouraged attempts to regulate extra-medical activities, and the current status of pertinent guild rules and other professional guidelines. Two reported case examples are reviewed with critical commentary.","PeriodicalId":83131,"journal":{"name":"The Journal of psychiatry & law","volume":"386 1","pages":"237 - 248"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80778480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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