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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 |
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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 |
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Mental illness and the Lebanese criminal justice system: Practices and challenges
بیماری روانی و سیستم عدالت کیفری لبنان: شیوه ها و چالش ها-2020 Forensic mental health services are a necessity for individuals involved in the criminal justice system. Such
services involve two generally independent functions: assessment and treatment. A jurisdictions legal system is a
determinant of how such services are provided and to whom. In our study, we identified the Lebanese laws that
address the rights and protections given to a mentally disordered defendant in the criminal justice system. We
then analyzed how the Lebanese judicial system interprets and applies the written law in cases where the mental
health of the defendant was brought up as an issue. We found that Lebanons insanity test has a cognitive and a
volitional component. However, there does not seem to be a uniform process regulating the use of the insanity
defense: statutes do not address the procedural details and the cases we reviewed used various processes to reach
their decisions. Based on our findings, we explored avenues for potential improvement in the Lebanese forensic
mental health system. Keywords: Criminal law | Forensic psychiatry | Insanity Defense | Lebanon | Mental health |
مقاله انگلیسی |
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Why we should universalize the insanity defense and replace punishment with therapy and education
چرا باید دفاع جنون را جهانی کنیم و مجازات را با درمان و آموزش جایگزین کنیم؟-2019 The insanity defense, which exempts those judged to be insane from being punished for whatever illegal acts
they have committed, exists in order to be the exception that proves the rule: namely, that illegal acts, except
those committed by the insane, deserve punishment, since they are produced by a person who chose to do what
he knew was wrong; and that the only questions we need to ask are moral and legal ones: “how evil was he, and
how much punishment does he deserve?” This article will be devoted to showing why punishment, far from
preventing violence, is the most powerful stimulant to violence that we have yet discovered; and that we need to
replace it with empirically tested policies that do prevent violence. To speak of universalizing the insanity
defense is simply another way to speak of abolishing punishment. The article will show why we should abandon
the notion that prisons can be reformed, and instead replace them with safe, secure residential colleges and
therapeutic communities. This would mean thinking of violence as a problem in public health and preventive
medicine, about which we ask “what are the causes of violence, and how can we prevent it?” Keywords: Violence | Punishment | Morality | Prisons | Insanity defense | Law |
مقاله انگلیسی |
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Adjudicating mentally disordered offenders in Ghana: The criminal and mental health legislations
رسیدگی مجرم روانی در غنا: قانون بهداشت جنایی و روانی-2016 The involvement of mentally disordered offenders (MDOs) in the criminal justice system (CJS) is currently a
major public health concern. This has culminated in several empirical researches over the years, with a particular
focus on addressing the problem. The present study examines the criminal and the mental health legislations
available to offenders raising fitness to stand trial issues, as well as those pleading insanity at the time of the offense (insanity defense) in Ghana. The legislations are examined within a framework of reducing the overrepresentation of MDOs in the CJS. In doing so, comparisons are made to similar legislations in other commonwealth
jurisdictions, when necessary. Regarding fitness to stand trial, it is evident that the Ghanaian legislation does not
contain discrete fitness indicators, relative to, for instance, Canada. Yet, it is interesting that the terminologies ‘unsound mind’ and ‘incapable of making a defence’ used in the proviso convey similar meaning and requirements to
those used in other jurisdictions. The insanity defense standard, on the other hand, is also heavily influenced by
the MNaughton Rules in England. The defense consists of two separate cognitive tests, each of which can result in
an acquittal. One of the tests strictly emphasizes knowledge of the nature and consequences of the act while
knowledge of the wrongness of the criminal act is implied in the other. However, none of the tests takes into consideration uncontrollable impulse arising from mental disorder. The study proposes some revisions and amendments to the insanity legislation in its current formulation. Recommendations are also offered for critical areas
that warrant research attention in relation to MDOs in Ghana, and in Africa as a whole.
Keywords: Ghana | Africa | Criminal procedure | Insanity defense | Fitness to stand trial | Mentally disordered offenders |
مقاله انگلیسی |