The journal of the American Academy of Psychiatry and the Law
-
The effects of drunk driving are a significant risk to public health and safety. Accordingly, the federal government and the states have enacted laws that permit law enforcement to identify offenders and to apply various levels of sanctions. There is no constitutional requirement that evidence of drunkenness be permitted in defense of criminal behavior. ⋯ Spell, the court outlined the necessary procedures, concluding that, although motorists have no right to refuse testing, police officers have an obligation to issue sufficient warnings before the motorist decides how to proceed. In the Spell matter, the defendant incriminated himself by refusing the testing, even though he was acquitted on the drunk-driving charge. The authors discuss the role of expert testimony in these matters.
-
J. Am. Acad. Psychiatry Law · Jan 2009
White-collar crime: corporate and securities and commodities fraud.
In this era of increased interest in white-collar crime, forensic psychiatrists are in a key position to study the individual characteristics of offenders. While a comprehensive theory of high-level white-collar crime should consider societal and organizational contributions, there is value in understanding the personal traits that place an individual at high risk for offending. As the impact of the criminal acts of this group has been increasingly felt by larger groups from all socioeconomic strata, there is less willingness by the public to view these crimes as victimless and harmless.
-
J. Am. Acad. Psychiatry Law · Jan 2008
National Instant Criminal Background Check Improvement Act: implications for persons with mental illness.
The National Instant Criminal Background Check Improvement Act has serious implications for persons with mental illness with regard to the ability to purchase firearms. Federally prohibited persons include those who have been adjudicated as mentally defective, or have been committed to a mental institution, or are unlawful users of or are addicted to a controlled substance. ⋯ As of April 2007, only 22 states were voluntarily submitting records from mental health databases to the NICS. The legislation was introduced following the Virginia Tech tragedy, when public opinion favored tightening control over access to firearms of persons with mental illness.