The journal of the American Academy of Psychiatry and the Law
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Recently, Juth and Lorentzon proposed to replace the concept of free will, as considered relevant in criminal responsibility, with the concept of autonomy. In addition, they conceived of the assessment of criminal responsibility in terms of a decision-making process. ⋯ In both assessments, autonomy and decision-making would be central factors. If one accepts this basic similarity, I argue, interesting opportunities are opened up in the sense that research on criminal responsibility could be directly informed by research on competent decision-making.
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J. Am. Acad. Psychiatry Law · Jan 2010
Solitary confinement and mental illness in U.S. prisons: a challenge for medical ethics.
In recent years, prison officials have increasingly turned to solitary confinement as a way to manage difficult or dangerous prisoners. Many of the prisoners subjected to isolation, which can extend for years, have serious mental illness, and the conditions of solitary confinement can exacerbate their symptoms or provoke recurrence. Prison rules for isolated prisoners, however, greatly restrict the nature and quantity of mental health services that they can receive. ⋯ S. courts and human rights experts. We then address the challenges and human rights responsibilities of physicians confronting this prison practice. We conclude by urging professional organizations to adopt formal positions against the prolonged isolation of prisoners with serious mental illness.
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J. Am. Acad. Psychiatry Law · Jan 2008
CommentCommentary: Applications of functional neuroimaging to civil litigation of mild traumatic brain injury.
The current definition of mild traumatic brain injury (MTBI) is in flux. Presently, there are at least three working definitions of this disorder in the United States, with no clear consensus. Functional neuroimaging, such as single photon emission computed tomography (SPECT) and positron emission tomography (PET), initially showed promise in their ability to improve the diagnostic credibility of MTBI. ⋯ Merrell Dow Pharmaceuticals, Inc., for introduction of scientific evidence at trial. At the present time, there is a clear lack of clinical correlation between functional neuroimaging of MTBI and behavioral, neuropsychological, or structural neuroimaging deficits. The use of SPECT or PET, without concurrent clinical correlation with structural neuroimaging (CT or MRI), is not recommended to be offered as evidence of MTBI in litigation.
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J. Am. Acad. Psychiatry Law · Jan 2012
CommentCommentary: Perception of remorse by mock jurors in a capital murder trial.
The study by Corwin et al. adds to the emerging but limited data on the impact of defendant remorse on sentencing decisions. The authors studied verbal and nonverbal expressions of defendant remorse and whether they were perceived as remorseful by mock jurors. They found that incongruent verbal and nonverbal behavior, as well as mock jurors' willingness to approach emotional situations, resulted in more lenient sentences for defendants. An overarching and as yet unanswered validity concern regarding this line of research in general is whether the use of undergraduate mock jurors reliably models real jurors in actual courtroom settings.
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J. Am. Acad. Psychiatry Law · Jan 2009
Commentary: doing time in maximum security--the pains of separation.
Suicide is a leading cause of death among prison inmates. A recent study found that nearly half of the inmates who committed suicide in a state prison system during the study period did not have a major mental disorder. This prompts the question of why a person in prison who has no mental illness decides to end his or her life by committing suicide. Stressors associated with maximum security settings that may contribute to the high incidence of suicide found in segregated housing units are explored through a description of the author's experience and inmate anecdotes.