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Impact of statutory revisions to family-petitioned civil commitment in South Korea Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-04-10 Hyunsung Oh, Yunhwa Cho, Jinyeong Bae, Lynn C. Holley, Michael Shafer, Kyejung Kim, Yongpyo Lee
This study examined the impact of statutory revisions in 2016 which aimed to enhance procedural justice within the process of civil commitment for persons diagnosed with mental illnesses (PDMI) in South Korea. These changes included requiring that PDMI pose a threat of danger to self or others and the need for treatment simultaneously as criteria for petitioning civil commitment. Additionally, the
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Artificial intelligence and mental capacity legislation: Opening Pandora's modem Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-04-04 Maria Redahan, Brendan D. Kelly
People with impaired decision-making capacity enjoy the same rights to access technology as people with full capacity. Our paper looks at realising this right in the specific contexts of artificial intelligence (AI) and mental capacity legislation. Ireland's Assisted Decision-Making (Capacity) Act, 2015 commenced in April 2023 and refers to ‘assistive technology’ within its ‘communication’ criterion
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The violence profile of male mentally disordered offenders in a high secure unit in Turkiye Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-03-27 Baris Kilic-Demir, Selma Cilem Kizilpinar, Selim Polat
Our knowledge of the severity and reoffending is limited for mentally disordered offenders, and studies generally evaluate without separation between different diagnostic groups. It was aimed to determine the general profile of mentally disordered offenders who are inpatients in a high secure psychiatry unit from Turkiye and to evaluate the factors associated with violence profiles among different
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New technology, psychiatry, and the law: Panic, prudence, possibility Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-03-23 Brendan D. Kelly
Throughout human history, all new technology has been met with surprise, anxiety, panic, and – eventually – prudent adoption of certain aspects of specific technological advances. This pattern is evident in the histories of most technologies, ranging from steam power in the nineteenth century, to television in the twentieth century, and – now – ‘artificial intelligence’ (AI) in the twenty-first century
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‘I was going into it blind’: Nearest Relatives, legal literacy, and the Mental Health Act 1983 Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-03-20 Judy Laing, Jeremy Dixon, Kevin Stone
Eligible relatives are given rights and powers in the compulsory treatment of people with mental health problems in several international jurisdictions, including within England and Wales. However, little attention has been given to whether relatives feel legally literate or competent to fulfil such roles. This article examines this issue through focussing on the experiences of Nearest Relatives, who
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Persons with mental disorders and assisted dying practices in Spain: In response to Ramos et al. Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-03-16 Josep Pifarre, Montse Esquerda, Francesc Torralba, Jacinto Bátiz, Margarita Bofarull
Ramos et al. paper offers a narrative review of Spanish Organic Law 3/2021, which regulates euthanasia, focusing on its application to individuals with mental disorders. Ramos et al. examine the application of legal prerequisites from an ethical-legal perspective to ascertain the conditions under which psychiatric euthanasia might be considered legitimate and compliant with legal stipulations. Nevertheless
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Adult safeguarding legislation: Navigating the borderlands between mental capacity, mental health and social care law and practice Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-03-11 Kathryn Mackay, Pearse McCusker
Adult safeguarding legislation is contentious because it seeks to protect ‘vulnerable’ adults who fall between the borderlands of social care, mental health and mental capacity law. As a new and complex area of law and practice, further research on adult safeguarding legislation is required, in particular to consider it efficacy and human rights implications. Utilising a narrative literature review
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Forensic aspects of dissociative positive symptoms in trauma-related disorders and borderline personality disorder Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-03-08 Stefan Tschoeke, Tilman Steinert, Hans Knoblauch
A psychotically motivated act or an act committed under impaired insight and control of action in the midst of an acute psychosis is the standard for lack of criminal responsibility. There is now increasing evidence that positive symptoms, particularly in the form of hallucinations and delusions, in trauma-related disorders and borderline personality disorder (BPD) are comparable to positive symptoms
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Role of psychopathology on children credibility of sexual abuse testimony Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-03-08 María A. García-Rico, Jorge J. Ricarte, María V. Jimeno, José M. Latorre
When an alleged victim has a pre-existing psychopathological diagnosis, this can affect the rating of their version of the abuse in terms of credibility. The objective of this work is to analyze the relationship between the assessment of the credibility of the testimony of a CSA victim, the psychological problems that the child may have presented prior to sexual abuse and the possible psychological
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The influence of the convention on the rights of persons with disabilities on the European court of human rights in the area of mental health law: Divergence and unexplored potential Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-03-03 J, á, n, o, s, , F, i, a, l, a, -, B, u, t, o, r, a
This article explores how the European Court of Human Rights has applied the norms of the UN Convention on the Rights of Persons with Disabilities (CRPD) in the area of mental health law. The European Court was initially receptive to the CRPD, including the UN Committee on the Rights of Persons with Disabilities' call for a repeal of legislation permitting involuntary psychiatric hospitalisation, but
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Unlocking the impact of the CRPD on Swedish mental health law Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-03-01 Anna Nilsson
The Convention on the Rights of Persons with Disabilities (CRPD) sets out a new vision for mental health care with equality and self-determination as its core standards. The CRPD fundamentally challenges long-standing practices in Sweden including the use of involuntary hospitalization, treatment without consent, and the use of restraints. This article discusses the impact of this new vision on Swedish
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Elusive cases in forensic psychiatry? Exploring subgroups of schizophrenia spectrum disorder patients in Germany Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-02-29 Lukas Stürner, Thomas Ross, Hans-Joachim Traub
The relationship between schizophrenia spectrum disorders (SSD) and criminal behaviour is a central issue in forensic psychiatry. People with mental illness face some of the same types of criminogenic factors as people without mental illness, albeit more frequently. The research question of this study is the extent to which a framework of early and late offender typology can be empirically reconstructed
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‘Evaluation of testamentary capacity: A systematic review’ Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-02-28 Himaja Aravind, Mark Taylor, Neeraj Gill
To systematically review the literature on methods for the standardized and objective assessment of Testamentary Capacity (TC), to identify the best evidence-based and clinically pragmatic method to assess TC. Doubts concerning TC can have far-reaching legal and financial implications. A systematic search of the literature was conducted, using PRISMA guidelines, to identify studies which describe methods
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Latent profiles and psychosocial correlates of persistent self-injury among incarcerated adults Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-02-23 Robert J. Cramer, Sam Cacace, Abby Coffey, Emily Hazlett, Andréa R. Kaniuka, Ryan Robertson, Lewis J. Peiper
Self-directed violence (SDV), including both suicide and non-suicidal self-injury, represents a major challenge for carceral systems. Persistent self-injury (PSI) is an understudied SDV subtype, especially within the carceral context. The present study addressed three research questions: (a) do naturally occurring SDV subgroups occur within a carceral population (e.g., PSI versus other classes); (b)
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Police-mental health partnerships and persons with severe mental illness: An exploratory study of perceived risk and use of force Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-02-22 Stephanie F. Dailey, Samantha Dubrow
There is a need to maximize understanding of conditions under which officers are most likely to use lethal force when interacting with persons with severe mental illness (SMI) and whether utilization of a mental health professional (MHP) serves to reduce use of force (UoF) severity. Using a mixed methods concurrent triangulation design framework, this exploratory study examined UoF with individuals
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Diagnosing psychopathy in an intercultural setting: Applications and implications in postcolonial contemporary Mayotte Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-02-20 Elie K.N. Letourneur, Erwann Gouadon, Malika Mansouri
International scientific research has extensively studied psychopathy, but few studies focus on an intercultural and postcolonial context. Mayotte, a French overseas collectivity located in East Africa, offers a unique opportunity to study the application and effects of psychopathy diagnosis in the criminal justice field within a social context shaped by colonial legacy.
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(Un)blurred lines? Sex, disability, and the dynamic boundaries of mental capacity law Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-02-13 Ruby Reed-Berendt, Beverley Clough
In this article, we consider the approach to decisions regarding capacity and sexual relations in the Court of Protection in England and Wales, and the boundaries drawn through its application of the Mental Capacity Act 2005 (MCA). We discuss recent developments in the law following the UK Supreme Court case [2021] UKSC 52, which recast how capacity in relation to sexual relations ought to be assessed
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Homicide perpetrators with psychotic illness found not criminally responsible in Turkiye and Russia: An international comparison Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-02-08 Yasin Hasan Balcioglu, Andrei Vasilyevich Golenkov, Alperen Yildiz, Rustem Dogan Uzlar, Fatih Oncu
The primary objective was to conduct a comparative analysis of homicide cases and their perpetrators with psychotic illnesses in samples from Turkiye and Russia to elucidate contextual similarities and differences, and providing novel perspectives to enhance international research in this field. This cross-national retrospective study, conducted at forensic psychiatric centers in Istanbul, Turkiye
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Perspectives on the eligibility criteria for euthanasia for mental suffering caused by psychiatric disorder under the Belgian Euthanasia Law: A qualitative interview study among mental healthcare workers Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-02-07 M. Verhofstadt, K. Van Assche, K. Pardon, M. Gleydura, K. Titeca, K. Chambaere
Euthanasia in adults with psychiatric conditions (APC) is allowed in Belgium and impacts a variety of workers in this field, including psychiatrists, psychiatric nurses, psychologists, and support “buddies”. This study examines their perspectives on the appropriateness of the current legal criteria for, and practice of, euthanasia in the context of psychiatry, and their suggestions to properly implement
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Efficiency of psychological interventions in the prevention of suicidal behavior and self-injury in penitentiary population: A systematic review Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-01-13 Anna Pedrola-Pons, Yolanda Sanchez-Carro, Andres Pemau, Adriana Garcia-Ramos, Alejandro De la Torre-Luque
Introduction Suicidal behavior is an important public health problem, with a high prevalence in penitentiary context. Nowadays, there is a wide variety of specific treatment programs, aimed to prevent suicidal and self-injurious behavior in incarcerated people. These programs show relative efficiency depending on the model of the psychological intervention applied. This systematic review evaluates
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Informed consent for capacity assessment Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-01-05 Shaun T. O'Keeffe, Mary Donnelly
In this paper we examine the role of informed consent to capacity assessment, focussing primarily on the two jurisdictions of England and Wales, and Ireland. We argue that in both jurisdictions, a capacity assessment should be regarded as a distinct intervention, separate from the ‘original’ intervention at issue, and that specific informed consent to the assessment should generally be sought in advance
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Comparing mental health and mental capacity law data across borders: Challenges and opportunities Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-01-04 Gavin Davidson, Elizabeth Agnew, Lisa Brophy, Jim Campbell, Mary Donnelly, Anne-Maree Farrell, Trisha Forbes, Rhiannon Frowde, Brendan D. Kelly, Claire McCartan
The island of Ireland is partitioned into Northern Ireland and the Republic of Ireland. In both jurisdictions, there have been important developments in mental health and mental capacity law, and associated policies and services. This includes an emphasis on developing more comprehensive approaches to collecting data on outcomes and so there is an opportunity to align these processes to enable comparison
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Compulsory treatment in Portuguese-speaking countries: An analysis and comparison of the legal framework Int. J. Law Psychiatry (IF 2.479) Pub Date : 2024-01-04 Jéssica Schmeling, João Martins-Correia, Mariana Pinto da Costa
Background Compulsory treatment involves the hospital admission of individuals with mental disorders in appropriate facilities through judicial decisions. However, limited information is available regarding the similarities and differences in compulsory treatment legislation in Portuguese-speaking countries. Aims To analyse the commonalities and differences in compulsory treatment legislation in Portuguese-speaking
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Experts' decision-making processes in Swedish forensic psychiatric investigations: A case vignette study Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-12-18 Olof Svensson, Peter Andiné, Sara Bromander, Karl Ask, Ann-Sophie Lindqvist Bagge, Malin Hildebrand Karlén
It has previously been demonstrated that decisions made by forensic experts can suffer from issues with both bias and poor reliability. The outcome of Swedish forensic psychiatric investigations can have a major impact on the courts' choice of sanction for a mentally disordered offender. These investigations are performed by multi-professional teams of experts, where each expert is obliged to state
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Association between perceived coercion and perceived level of information in involuntarily admitted patients: Results from a multicenter observational study in Switzerland Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-09-20 Florian Hotzy, Manuela Spiess, Regula Ruflin, Andres Schneeberger, Rafael Traber, Stéphane Morandi, Matthias Jaeger, Anastasia Theodoridou
Background Involuntary admissions (IA) to psychiatric hospitals are controversial because they interfere with people's autonomy. In some situations, however, they appear to be unavoidable. Interestingly, not all patients perceive the same degree of coercion during IA. The aim of this study was to assess whether the level of knowledge about one's own IA is associated with perceived coercion. Methods
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Multi-level protection of rights: India's Mental Healthcare Act, 2017 and the United Nations' Convention on the Rights of Persons with Disabilities (Articles 12 and 14) Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-09-20 Brendan D. Kelly
Mental health law is a feature of mental health systems around the world, so legislative reform is an important way to advance compliance with the United Nations' Convention on the Rights of Persons with Disabilities (CRPD). This paper provides an overview of India's Mental Healthcare Act, 2017 in the context of Articles 12 (‘Equal recognition before the law’) and 14 (‘Liberty and security of person’)
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Predictors of recovery in a medium secure service: Influence of the Welsh Government's Mental Health (2010) Measure Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-09-15 Marie Smothers, Charlotte Hill, Daniel Lawrence, Ruth Bagshaw, Andrew Watt
Background Research to date has failed to examine the effectiveness of MSUs in facilitating recovery, or the influence that mental health policy may have on this process. Examining predictors of short-term clinical outcomes during inpatient admission and the effects of policy changes may inform future policy, treatment planning and may improve service user outcomes. Aims To examine whether service
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Distributed rights protection: The 2000 Hague Convention on the International Protection of Adults and the challenge of securing fundamental rights across borders Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-09-14 Alex Ruck Keene, Chiara Cordone
The 2000 Hague Convention on the International Protection of Adults (‘the 2000 Convention’) entered into force on 1 January 2009, is cast as a private international law convention (i.e. one providing tools to minimise procedural, debates about cross-border matters affecting individuals). However, in little-known, and even less explored fashion, it has significant implications for the exercise of both
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Men placed on waiting lists for psychiatric admission from Irish Prisons over five years: Clinical outcomes during a forensic “bed crisis” Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-09-12 Margaret Gallagher, Damian Smith, Philip Hickey, Mark Nolan, Eimear Ní Mhuircheartaigh, Michael Murray, Enda Taylor, Michelle Connaughton, Conor O'Neill
Background Ireland has low provision rates of general and forensic beds compared with other western countries. In recent years there have been difficulties and delays in accessing forensic beds for prisoners with severe mental illness. Aims We aimed to determine clinical outcomes for male prisoners assessed as requiring psychiatric admission over an extended period, with time frames for admission and
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Community reentry: Racial/ethnic differences in unmet needs among adults with co-occurring opioid use and mental health disorder Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-09-08 Ayorkor Gaba, Abigail Helm, Paige M. Shaffer, Bailey Pridgen, Dara Drawbridge, David Smelson
Background Adults with co-occurring opioid use and mental health disorder (COD) recently released from incarceration have many social and health needs that place them at the most significant risk for overdose and poor reentry outcomes. Little is known about racial/ethnic differences in this population. Methods To examine racial/ethnic differences in social and health needs, data were analyzed for 293
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When the security measure meets bordered penality: Release procedures for persons who are not criminally responsible without residence rights in Belgium Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-09-09 Ellen Vandennieuwenhuysen, Christelle Macq, Lars Breuls, Marjolein De Pau
Offenders considered to be persons not criminally responsible (hereafter Persons NCR) in Belgium, are subjected to a security measure. This is executed by means of a forensic care trajectory, often beginning in high-security prison units or forensic psychiatric facilities, and moving through medium and lower security psychiatric facilities, with the intention to ultimately integrate them back into
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Identifying deficits in Ukrainian law: Forensic psychiatry misuse in proceedings of administrative offenses Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-08-30 Daniil Butenko, Slavka Dimitrova, Linda Gröning
Ukraine is actively denouncing and abandoning its Soviet legacy, with the legal process of decommunization being at the forefront of this process.1 However, despite Ukraine's ongoing judiciary reformation process amplified by the signing of the Association Agreement between Ukraine and the European Union, Ukraine's legal system still contains inherited Soviet legal deficiencies that allow for human
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Contextual factors influencing the use of coercive measures in Portuguese mental health care Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-08-02 Deborah Oyine Aluh, Margarida Santos-Dias, Manuela Silva, Barbara Pedrosa, Ugnė Grigaitė, Ricardo Caetano Silva, Maria Ferreira de Almeida Mousinho, João Paulo Antunes, Mariana Remelhe, Graça Cardoso, José Miguel Caldas-de-Almeida
The use of coercive measures in mental health care is an important indicator of the quality of care being provided, and non-patient-related factors are increasingly recognized to contribute to their use. The study aimed to explore the perspectives of mental health care professionals who have first-hand experience with the use of coercion on the contextual factors that influence the use of coercion
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Mental health-related limitations and political leadership in Germany: A multidisciplinary analysis of legal, psychiatric, and ethical frameworks Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-07-17
In recent years, political events have reignited contentious debates about psychiatry and democratic governance. This discourse has largely centred around the ethics and morality of public commentary, particularly in relation to the American Psychiatric Association's Goldwater Rule. Yet, few studies have examined the practical implications of health-related limitations due to mental illness in national
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Culpability for offenses in frontotemporal dementia and other brain disorders Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-07-17
The responsibility of persons with brain disorders who commit offenses may depend on how their disorders alter brain mechanisms for culpability. Criminal behavior can result from brain disorders that alter social cognition including a neuromoral system of intuitive moral emotions that are absolute (deontological) normative codes and that includes an emotion-mediated evaluation of intentionality. This
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A framework for the evidence-based practice of therapeutic jurisprudence: A legal therapeutic alliance Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-07-12
This paper provides a theoretical rationale for using the constructs of procedural justice, trust and self-determination as a framework to guide the evidence-based practice of therapeutic jurisprudence (TJ). The overarching purpose of TJ is to provide therapeutic outcomes to all participants in the legal system. This paper proposes that in legal decision-making, running a procedurally just process
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Between psychopathy and deviant socialization: A close look at the mafia men Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-07-11
The Italian mafia organizations represent a subculture with values, beliefs and goals that are antithetical to and undermining of the predominant society. The conduct of individual members includes such extreme violence for material gain, it may at least superficially suggest a severe personality disorder. Since the first edition of the DSM and into the 21st century, various terms have been used, sometimes
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Stigma management during reintegration of older incarcerated adults with mental health issues: A qualitative analysis Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-06-15 Helene Seaward, Sophie Dieffenbacher, Jens Gaab, Marc Graf, Bernice Elger, Tenzin Wangmo
Introduction The number of older prisoners with mental health issues released from prisons and forensic psychiatric institutions is rising. Their successful integration is important due to its implications for the public's safety and the individual's health and well-being. However, reintegration efforts are hampered due to the double stigma attached to ‘mental illness’ and ‘incarceration history’.
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Personality moderators of the cross-sectional relationship between job demands and both burnout and work engagement in judges: The boosting effects of conscientiousness and introversion Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-06-14 Tineke Hagen, Elien De Caluwé, Stefan Bogaerts
The central question of this study is whether buffering, boosting and exacerbating effects of the Big Five personality factors extraversion, openness to experience, agreeableness, conscientiousness and neuroticism can be demonstrated in the relationship between two job demands (i.e., work pressure and working overtime) and both burnout and work engagement in 257 Dutch judges. It is important to better
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Community treatment orders: A qualitative study of stakeholder perspectives Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-06-08 Marie-Hélène Goulet, Clara Lessard-Deschênes, Pierre Pariseau-Legault, Richard Breton, Anne G. Crocker
Introduction For people with a serious mental disorder, a community treatment order (CTO) is a legal response that requires them to undergo psychiatric treatment unwillingly under certain conditions. Qualitative studies have explored the perspectives of individuals involved in CTOs, including persons with lived experiences of a CTO, family members and mental health care providers, who are directly
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A systematic mapping review identifying key features of restraint research in inpatient pediatric psychiatry: A human rights perspective Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-05-25 Elvira Pértega, Christopher Holmberg
Introduction Restraints, a highly regulated and contentious measure in pediatric psychiatry, have significant negative impacts on children. The application of international human rights standards, such as the Convention of the Rights of the Child (CRC) and the Convention of the Rights of Persons with Disabilities (CRPD), has spurred global efforts to reduce or eliminate the use of restraints. However
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The effects of emotion and juvenile diagnoses on parole release decisions: An experimental approach Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-05-18 Timothy I. Lawrence, Logan A. Yelderman
Parole boards are often required to make many release recommendations after reviewing a substantial amount of information in a short timeframe. While making release decisions, parole board members might be motivated to sacrifice accuracy and, instead, use heuristics, such as their emotions. Emotions might increase the reliance on risk or threat related information, such as an inmate's mental illness
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Bias analysis in forensic and non-forensic psychiatric assessments Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-05-05 Álex Escolà-Gascón, Neil Dagnall, Kenneth Drinkwater
In this research, we provide two important contributions to the psychiatric community. First, we offer the first valid and reliable cognitive test that measures forensic clinicians' ability to detect and avoid diagnostic biases in psychiatric assessments. Second, we also estimate the prevalence of clinical decision bias detection and prevention ability among psychiatrists and psychologists. A total
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Cognition in older offenders in North Rhine-Westphalia: A comparison of prisoners and patients in forensic psychiatry hospitals Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-05-04 S. Verhülsdonk, A.K. Folkerts, K. Dietrich, B. Höft, T. Supprian, M. Jänner, E. Kalbe
The number of elderly delinquent individuals living in prisons and forensic hospitals is increasing. For both settings, complex needs have been described for the elderly related to age-related changes and frequent somatic disorders as well as mental disorders, primarily depressive symptoms.. One of the biggest challenges are cognitive impairments which have been described for both groups, probably
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Hospital break. An eight-year review of escapes and absconds from two high security forensic centers Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-04-28 Inge Jeandarme, Sam Vandenbosch, Jan Boucké, Ingrid Dekkers, Gokhan Goktas, Peter Vanhopplinus
Background Increasing freedom of movement and community reintegration is a vital part of recovery for forensic service users. Clinical teams realize that risk of unauthorized leave exists when granting leave, tasking them with balancing the recovery-based treatment needs of the patients with the larger obligation to protect the public from undue risk of harm. While considerable literature exists on
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The validity of the BDHI translated into Papiamento in pre-trial defendants in Curaçao Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-04-27 Micha van de Vorst, Janique Martier, Harald Linkels, Glenn E. Matroos, H. Wijbrand Hoek, David J. Vinkers
The Buss-Durkee Hostility Inventory (BDHI) is an important assessment scale of hostility in forensic psychiatry. We analyzed the validity and reliability of a Papiamento translation of the BDHI in 134 pre-trial defendants in Curaçao using Exploratory Structural Equation Modeling (ESEM). The reliability of the Direct and Indirect Hostility BHDI-P subscales were good and the reliability of the Social
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Sociodemographic, psychiatric and criminal characteristics of elderly offenders under evaluation for criminal responsibility in Turkey Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-04-26 Ilker Tasdemir, Ender Cesur, Arzu Mengus, Hizir Asliyüksek, Kayihan Oguz Karamustafalioglu
Objective The aim of this study was to examine a sample (n = 150) of elderly offenders to analyse the psychiatric, medical, demographic, criminal and if available neuropsychological test characteristics and criminal responsibility. Method Data were gathered through a retrospective chart review of applicants aged 65 and over who were referred for determination of criminal responsibility from 2014 to
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A scoping review of the forensic psychiatric expertise for compulsory treatment application in Brazil Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-04-21 Rita de Cassia Consule, Carla Aparecida Arena Ventura
In the Brazilian penal system, a person with a mental disorder who commits an offense may be exempt from penalty if, at the time of the offense, they were entirely unable to understand the illicit character of the fact. A forensic psychiatric expert makes this determination and may also recommend to the magistrate the type of commitment to be applied. As a rule, this measure is stipulated based on
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The impact of the COVID-19 pandemic on the psychosocial rehabilitation of forensic psychiatric patients in Austria Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-04-18 Marlene Koch, Alexander Dvorak, Melanie Hobersdorfer, Lusine Yeghiazaryan, Ulrich Rabl, Arkadiusz Komorowski
The coronavirus disease 2019 (COVID-19) pandemic led to increased psychological distress and far-reaching restrictions of freedom. In March 2020, Austrian penal authorities enacted various safety and protection measures to mitigate the propagation of COVID-19. While infection rates in penal institutions were low, restrictive conditions of detention limited the forensic care of offenders. This retrospective
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Criminal recidivism of patients in Swedish forensic psychiatry: A register-based comparison study Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-03-27 Eirini Alexiou, Thomas Nilsson, Peter Andiné, Alessio Degl' Innocenti
Background The aim of this study was to evaluate criminal outcomes of mentally disordered offenders in compulsory forensic psychiatric care during the year 2010 versus 2018. More specifically, we sought to identify the occurrence of new criminal sentences during ongoing treatment and possible factors associated with recidivistic criminality. Another aim was to map previous criminality, types of index
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PTSD malingering detection in damage claim cases: Diagnostic accuracy in cases of personal injury as a result of motor vehicle accidents Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-03-27 J. Biegańska-Banaś, P. Banaś, M. Zięba, J.K. Gierowski, J. Trzebiński
This study aimed to assess the accuracy of post-traumatic stress disorder (PTSD) diagnoses made by mental health experts in people reporting post-traumatic stress symptoms related to traffic accidents. Data were collected from sixty participants: 30 with possible traumatic experiences and 30 who had never experienced this or other types of traumatic events. Six professional diagnosticians examined
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The RECAPACITA project: Description of the clinical, neuropsychological and functional profile of a sample of people with severe mental disorder and legal capacity modification in Spain Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-03-22 Silvia Marcó-García, Georgina Guilera-Ferrer, Marta Ferrer-Quintero, Susana Ochoa, Gemma Escuder-Romeva, Arantxa Martínez-Mondejar, Vanessa Montalbán-Roca, Ana Escanilla-Casal, Francisco Martínez-Zambrano, Sol Balsells-Mejía, Elena Huerta-Ramos
Severe mental disorder (SMD) includes people with long-term mental disorders, disability and social dysfunction. The mental capacity evaluation of the people has been a key aspect in legislative systems around the world and different proposals have been made. In countries like Spain, until 2021, the mental capacity of individuals was assessed by means of legal proceedings. In the last years, there
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“Everyone means well but the one person who's really going to go to bat” - experiences and perspectives of substitute decision makers in caring for their loved ones with serious mental illness Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-03-20 Samuel Law, Vicky Stergiopoulos, Juveria Zaheer, Arash Nakhost
In the era of on-going efforts to empower persons with mental illness to be independent decision makers as informed by the United Nations' Convention on the Rights of Persons with Disability (CRPD), family members acting as substitute decision makers (SDM) for people suffering from disabling serious mental illness (SMI) remain an integral part of the medical-legal system in psychiatric care in many
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Persons with mental disorders and assisted dying practices in Spain: An overview Int. J. Law Psychiatry (IF 2.479) Pub Date : 2023-03-03 Sergio Ramos-Pozón, Núria Terribas-Sala, Anna Falcó-Pegueroles, Begoña Román-Maestre
On 25 June 2021, the Law on Euthanasia in Spain came into force, providing for two modes of helping an individual end their life: euthanasia and/or medically assisted suicide. Among the requisites that a request for euthanasia has to fulfil are that the individual must be suffering a severe, chronic and debilitating condition or a severe and incurable disease, at the same time as that person shows