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نتیجه جستجو - Criminal Responsibility

تعداد مقالات یافته شده: 22
ردیف عنوان نوع
1 The psychopathic dimension in women of mafia
بعد روانی در زنان مافیا-2020
The authors focus their interest on the socially deviant mafia world, especially on the question of a psychopathic dimension of individuals in mafia. From the scientific point of view this continues to be an unknow world. In all these cases, individuals in mafia, their “feats”, their profiles seem to correspond to popular conceptions of the psychopath. Even less known is the women’s role in criminal organizations. Their historical role in recent de-cades has gradually shifted and become more important than it was in the past. The investigators’ interest was focused on identifying the prevalence of the psychopathic dimension in mafia women. So the authors examined a sample of 20 convicted mafia women coming from Campania and Calabria, the regions of Camorra and ‘Ndrangheta respectively, historical Italian criminal organizations. These women inherited their roles from previous bosses and successfully carried on the criminal business. The authors compared this sample of mafia women with a sample of female offenders with full criminal responsibility who were in common female prisons. Like men of mafia, the women of mafia have a low prevalence of the psychopathic dimension. Further research is necessary to identify the psychopathic dimension in larger samples of women, and then compare them with similar male samples.
Keywords: Dyssocial reaction | Psychopathy | Female offenders | Prisoner | Mafia | Mafia women | PCL-R
مقاله انگلیسی
2 A narrative review of international legislation regulating fitness to stand trial and criminal responsibility: Is there a perfect system?
مروری بر قوانین بین‌المللی که تناسب محاکمه و مسئولیت کیفری را تنظیم می‌کند: آیا سیستم کاملی وجود دارد؟-2020
Mentally ill offenders have a right to a fair trial and adequate treatment in terms of the law. The diversion of mentally ill offenders between the criminal justice and the mental health care systems is linked to the forensic psychiatric assessment and based on two psycho-legal constructs, fitness to stand trial (FTST) and criminal re- sponsibility (CR). Forensic psychiatric assessment is therefore an important element in criminal law and plays a major role in the court’s decisions regarding the sentence, detention, placement, or treatment of mentally ill offenders. The legislation aims to ensure balancing the rights of mentally ill offenders to psychiatric care and society’s safety. A narrative overview of the literature summarizing the findings on legislation regulating FTST and CR assessment and their practice in different areas of the world was conducted. It offers insight into the advantages and disadvantages of the various approaches and examines the way court proceedings function in these different geographical and psychosocial-legal contexts. This may have policy implications for individual systems and allow countries to consider feasible mechanisms to refine the relevant legislation to improve their practices in forensic psychiatric assessments. Worldwide, relevant legislation is considered as essential in pro- tecting mentally ill offender’s right; it has been established for many years regarding specifying the procedures and responsibilities for the mental health care and criminal justice systems. Despite similarities in the principles of the psycho-legal constructs in different countries, there are differences in the way legislations are imple- mented, often depending on the available resources.
Keywords: Legislation for mentally ill offenders | Fitness to stand trial | Criminal responsibility | Insanity defence | Competency to stand trial
مقاله انگلیسی
3 Factors related to bias in forensic psychiatric assessments in criminal matters: A systematic review
عوامل مرتبط با سوگیری در ارزیابی های روانپزشکی قانونی در امور جنایی: یک بررسی سیستماتیک-2020
Objective: Identify factors related to bias in forensic psychiatric assessments in criminal matters.
Method: Based on the PRISMA guidelines, we searched the following keywords with Boolean operators: (criminal responsibility OR legal responsibility OR neurolaw OR insanity defense) AND (forensic psychiatry OR assessment OR evaluation OR bias OR decision-making OR capacity OR psychometric). The search included publications from January 1998 to December 2019 in the English language, published in PubMed, Web of Science, Taylor & Francis, and Scopus databases.
Results: The final sample consisted of 30 articles separated into three groups: (1) legal elements and the wording of expert reports, (2) psychometric tools applied to criminal inquiries, and (3) expert forensic technique and inter-examiner agreement.
Discussion: Multiple factors for biases were identified: difficulties in equivalence between legal and psychiatric terminologies, elements of countertransference between the expert and the examinee, absence of standardization of expert evaluations, low quality of expert reports, differences in the training of professionals involved in the evaluations, use of psychometric tools, number of professionals working on the same case, and the methodology adopted. Psychometric tools developed specifically for forensic psychiatric evaluations allowed the introduction of objective parameters in expert evaluations. Special attention was found in psychometric tools structured as vignettes that allowed the detailed evaluation of legal capacities, present in the legal texts. Psychometric tools in checklist format appeared to be more susceptible to interviewer biases.
Conclusion: The control of inherent biases in forensic psychiatry assessments on criminal matters remains a current challenge, difficult to control in forensic practice. The identification, control and avoidance of them may improve the quality the forensic psychiatric expertise in criminal matters.
Keywords: Criminal responsibility | Legal capacities | Assessment | Bias | Decision making | Opinion | Psychometric assessment | Insanity defense
مقاله انگلیسی
4 When the law influences medical practice: Potential impact of the Bouchard-Lebrun ruling on the forensic unit of the Malartic Psychiatric Hospital in Northern Quebec, Canada
هنگامی که قانون بر عملکرد پزشکی تأثیر می گذارد: تأثیر بالقوه حکم بوچارد-لبرون بر واحد پزشکی قانونی بیمارستان روانپزشکی مالارتیک در شمال کبک، کانادا-2020
The attribution of criminal responsibility in the context of substance intoxication is a matter of controversy in forensic psychiatry. In 2011, the Supreme Court of Canada ruled that Tommy Bouchard-Lebrun was guilty in the straightforward case of a crime committed while in a state of substance-induced psychosis by an individual without a history of mental disorder. However, the ruling may since have served as a precedent also for settling cases where an offence is committed while in a certain state of intoxication and where there is much more diagnostic uncertainty. The goal of our research was to study the impact of the Bouchard-Lebrun Supreme Court decision on rates of criminal responsibility judgements and toxic psychosis diagnosis in the context of such cases. Applying a time-trend ecological study design, we conducted a chart review of every patient treated at the forensic unit of the Malartic Psychiatric Hospital in northern Quebec in the short periods pre- and post-ruling. We then determined the proportion of patients judged not criminally responsible and the proportion diagnosed with substance-induced psychosis. We ran chi-squared tests on the two sets of dichotomous variables. In the period following the Bouchard-Lebrun ruling, a statistically significant decrease was observed in the proportion of individuals judged not criminally responsible, as was a statistically significant increase in the proportion of individuals diagnosed with substance-induced psychosis. The findings suggest that the Bouchard-Lebrun ruling may have had an impact on subsequent forensic psychiatry decision-making and treatment at the Malartic Hospital.
Keywords: Psychiatry | Diagnosis | Forensic | Criminal responsibility | Substance-induced psychosis
مقاله انگلیسی
5 What is the criminal responsibility of the perpetrator of an offense committed under the influence of alcohol?
مسئولیت کیفری مرتکب جرمی که تحت تأثیر الکل انجام شده است چیست؟-2020
Context. – Excessive consumption of alcohol is a major problem for public health in France and in particular in Pays de la Loire and Brittany. It is considered a factor encouraging criminal behaviors. There is a paradox between the alcohol consumption considered by judges as aggravating circumstances of the infraction on one hand and scientific data establishing that in certain circumstances (amount, consumption habits, background, polydrug use, . . .) alcohol could change the judgment and discernment of the consumer on the other hand. However, during criminal proceedings, the expert psychiatrist may be called upon to assess the degree of discernment of the perpetrator of the committed infraction under the influence of alcohol. Depending on whether the judge pronounce an intact, an altered or an abolished discernment — after having taken into account the conclusions of the expert psychiatrist — the perpetrator of the infraction will be considered as entirely or partially responsible or as irresponsible. Goal. – The goal is to assess the proportion of abolition or alteration of discernment that is proposed by psychiatrists when an infraction is committed under the influence of alcohol. Patient and methodology. – The study is retrospective and multicentric. It includes the criminal appraisals relating to the liability that have been performed by psychiatrists of the Courts of Appeal of Rennes and Angers over the period from the 1st January 2015 to the 31st December 2016. The exclusion criteria are criminal appraisals which do not relate to criminal liability and criminal investigations for infractions that are not committed under the influence of alcohol. Results. – We browse 529 psychiatric appraisals and 104 of them were included. Appraisals that did not correspond to evaluation of responsibility (appraisals of victim, appraisals of guardianship or curatorship, appraisals of dangerousness after sentencing), appraisals for which author of the facts did not consume alcohol or data on alcohol consumption was not available, were excluded. Seven experts psychiatrists practicing in Brittany and Pays de la Loire did contribute to the study. The statistical analysis did not brought to light an impact of alcohol consumption on the degree of discernment assessed by the experts. The existence of an alcohol-related disorder in the perpetrator was not significantly associated with an impairment of discernment. On the other hand, the presence of psychiatric comorbidity (p < 0,001) and the existence of a psychiatric care after the commission of the offense (p < 0,02) were the only data significantly associated with an impairment of discernment. Conclusion. – The consumption of alcohol during a criminal offense is not retained by the experts as a factor disturbing discernment.
Keywords: Alcohol | Criminal responsibility | Discernment | Forensic psychiatry | Offense | Psychiatric expertise | Use
مقاله انگلیسی
6 Identifying factors associated with criminal responsibility by analyzing court trial verdicts
شناسایی عوامل مرتبط با مسئولیت کیفری با تحلیل آرای دادگاه-2020
The criminal responsibility of offenders with mental disorders is a key issue in forensic psychiatry. Japan’s implementation of the Medical Treatment and Supervision Act and Lay Judge Act in the early 2000s raised publicawareness of this issue. To determine how criminal court judges in Japan assess the criminal responsibility of offenders, we examined 453 district court verdicts that mention psychiatric evidence. We extracted elements from each verdict that may be associated with courts’ decision-making regarding criminal responsibility andanalyzed the relationship between each element and the adjudication of criminal responsibility. We investigatedthe changes in each element’s prevalence over time. A logistic regression analysis revealed that the following were independently associated with the court decisions that offenders’ criminal responsibility was intact: un- derstandable motivation for committing the offense, homogeneity of the offense from the defendant’s usual behavioral pattern, a coherent process used to commit the offense, alertness while offending, and absence of psychotic symptoms. We observed that recent verdicts are more focused on the offender’s perception of illegalityand the coherence of the offending process while disregarding the defendant’s consciousness and memory whileoffending. Thus, the courts focus on some specific elements for evaluating the criminal responsibility of each offender.
Keywords: Forensic mental health | Criminal responsibility | Court verdict | Insanity defense
مقاله انگلیسی
7 Exploring criminal responsibility of PTSD patients; findings from a survey in Chinese Mainland courts
بررسی مسئولیت کیفری بیماران مبتلا به PTSD؛ یافته های یک نظرسنجی در دادگاه های سرزمین اصلی چین-2020
Background. – The Wenchuan Earthquake in Sichuan Province is China’s deadliest natural disaster in a generation; after such disturbance, a kind of mental illness named post-traumatic stress disorder (PTSD, also called delayed psychogenic reaction) raises concern in Mainland China, but probably not rapidly sufficient. Different from that in the USA, earthquake is both the reason and focus of PTSD research in China. Methods. – In order to find out the relationship between the PTSD defense and criminal responsibility in Mainland China, the authors decided to use certain academic tools and analysis judicial decisions (816 cases). The authors identified key information from government official websites. Results. – Data demonstrated that research regarding PTSD increases considerably after the Wenchuan earthquake in 2008. However, data also showed that Chinese courts are hesitant in accepting PTSD as a mental defense for criminals, despite relevant existing rules. Some legal ambiguities, such as lack of procedures or instructions for the connection between diagnosis and judgment, can be observed when courts encounter criminals with PTSD. Conclusions. – PTSD patients occur in all races, classes, religions, and nationalities and some would unfortunately be criminals. This pattern reveals concern for the boundary between the reasonable use and abuse of PTSD in view of medico-legal expertise practice. Expert testimony or opinion cannot replace the judges’ decision. Chinese courts should learn from the American Bar Association and accept the three-part analysis for forensic consideration of PTSD. Further details regarding the regulations for resolving the criminal responsibility of PTSD patients should be obtained.
Keywords: Criminal Responsibility | Legal Identification | Mainland China | Post-traumatic Stress Disorder
مقاله انگلیسی
8 Forensic mental health expert testimony and judicial decision-making: A systematic literature review
شهادت متخصص سلامت روان پزشکی قانونی و تصمیم گیری قضایی: یک بررسی ادبیات سیستماتیک-2020
Forensic mental health expertise (FMHE) is an important source of information for decision-makers in the criminal justice system. This expertise can be used in various decisions in a criminal trial, such as criminal responsibility and sentencing decisions. Despite an increasing body of empirical literature concerning FMHE, it remains largely unknown how and to what extent this expertise affects judicial decisions. The aim of this review was therefore to provide insight in the relationship between FMHE and different judicial decisions by synthesizing published, quantitative empirical studies. Based on a systematic literature search using multiple online databases and selection criteria, a total of 27 studies are included in this review. The majority of studies were experiments conducted in the US among mock jurors. Most studies focused on criminal responsibility or sentencing decisions. Studies concerning criminal responsibility found consistent results in which psychotic defendants of serious, violent crimes were considered not guilty by reason of insanity more often than defendants with psychopathic disorders. Results for length and type of sanctions were less consistent and were often affected by perceived behavioral control, recidivism risk and treatability. Studies on possible prejudicial effects of FMHE are almost non-existent. Evaluation of findings, limitations and implications for future research and practice are discussed.
Keywords: Forensic mental health expertise | Judicial decision-making | Review
مقاله انگلیسی
9 Exploring criminal responsibility of PTSD patients; findings from a survey in Chinese Mainland courts
بررسی مسئولیت کیفری بیماران مبتلا به PTSD؛ یافته های یک نظرسنجی در دادگاه های سرزمین اصلی چین-2019
Background. – The Wenchuan Earthquake in Sichuan Province is China’s deadliest natural disaster in a generation; after such disturbance, a kind of mental illness named post-traumatic stress disorder (PTSD, also called delayed psychogenic reaction) raises concern in Mainland China, but probably not rapidly sufficient. Different from that in the USA, earthquake is both the reason and focus of PTSD research in China. Methods. – In order to find out the relationship between the PTSD defense and criminal responsibility in Mainland China, the authors decided to use certain academic tools and analysis judicial decisions (816 cases). The authors identified key information from government official websites. Results. – Data demonstrated that research regarding PTSD increases considerably after the Wenchuan earthquake in 2008. However, data also showed that Chinese courts are hesitant in accepting PTSD as a mental defense for criminals, despite relevant existing rules. Some legal ambiguities, such as lack of procedures or instructions for the connection between diagnosis and judgment, can be observed when courts encounter criminals with PTSD. Conclusions. – PTSD patients occur in all races, classes, religions, and nationalities and some would unfortunately be criminals. This pattern reveals concern for the boundary between the reasonable use and abuse of PTSD in view of medico-legal expertise practice. Expert testimony or opinion cannot replace the judges’ decision. Chinese courts should learn from the American Bar Association and accept the three-part analysis for forensic consideration of PTSD. Further details regarding the regulations for resolving the criminal responsibility of PTSD patients should be obtained.
Keywords: Criminal Responsibility | Legal Identification | Mainland China | Post-traumatic Stress Disorder
مقاله انگلیسی
10 Legal insanity and risk: An international perspective on the justification of indeterminate preventive commitment
جنون حقوقی و خطر: چشم انداز بین المللی در مورد توجیه تعهد نامعین پیشگیرانه-2019
Modern legal systems typically link the insanity or diminished responsibility of an offender for a crime committed in the past to his future dangerousness. This nexus serves across legal systems as a justification for the indeterminate commitment of the offender with diminished or no criminal responsibility. Conceptually, however, insanity and risk are not related legal issues. Moreover, empirical research suggests that there is only a weak link between insanity, diminished responsibility and mental illness on the one hand and risk of recidivism on the other. Other risk factors seem to be more important. The inference of risk from insanity or diminished responsibility that lies at the heart of the indeterminate commitment of mentally disordered offenders is therefore problematic. This should lead to a reconsideration of the preconditions for indeterminate commitment of mentally disordered defendants.
Keywords: Insanity | Risk | Preventive commitment
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