bluuebunny/crossref_metadata_2025_split huggingface dataset:
Aggression: Gender Differences in
Authors: Nicholls Tonia L. , Greaves Caroline , Moretti Marlene M. 
Published: September 2009

AbstractIncreasingly, researchers are turning their attention to the issue of aggression and violence perpetrated by girls and women. This reflects mounting evidence from several related fields of research including: criminal justice, corrections, forensic psychology and psychiatry, domestic violence, child and elder abuse, and delinquency and juvenile justice. Together, this research supports several broad conclusions: (i) the assumption of female nonviolence is untenable; (ii) rates of female‐perpetrated aggression are escalating; (iii) aggression by females often has serious negative implications for victims; and (iv) there is insufficient research of risk and protective factors, developmental trajectories, and clinical programs to prevent and reduce female aggression. In this paper, we report the prevalence and incidence of aggression among females; document sex differences and similarities in aggressive and violent behavior; and examine sex‐specificversuscommon risk factors. We conclude with clinical implications for prevention and intervention and reflect on gaps in knowledge and directions for future research.
Automatism as a Defense to Crime
Authors: Hill Cheryl A. , Finkenbine Ryan 
Published: September 2009

AbstractAutomatism refers to unconscious, involuntary behavior and can be used as a defense against criminal responsibility, in essence to reduce culpability, based on the idea that a person cannot be held liable for actions that do not stem from full awareness of thoughts and behaviors. Causes of automatism used in criminal defense include somnambulism, cerebral concussion, delerium from fever or drugs, diabetic shock, and epileptic blackouts. In American courts there has been no consistent interpretation of the automatism defense. Some courts have viewed automatism as a variation of the insanity defense, whereas other courts have accepted it as a complete affirmative defense. A great deal rests on the court's interpretation because an insanity defense usually results in hospitalization, whereas a successful strict affirmative defense results in acquittal. In the British system, a distinction is made between sane and insane automatism. British courts use theMcNaughtenstandard for the insanity defense. Within this context, automatism is conceptualized as a “defect of reason”, which may or may not be a result of a “disease of the mind”. If the “defect of reason” is a result of a “disease of the mind”, it is defined asinsane automatism, which meets theMcNaughtenstandard. Matters are further complicated because a judge may also consider the likelihood of recurrence of the criminal behavior as a factor in deciding whether the appropriate defense is insane or sane automatism, that is whether the appropriate disposition is hospitalization or acquittal.
Battered Child Syndrome
Authors: Smarty Sylvester 
Published: September 2009

AbstractThe battered child syndrome is a well‐studied condition with specific clinical features. It is the most extreme form of child maltreatment. Its recognition in the middle of the last century led to widespread changes in the manner in which child abuse is addressed. As a result of increased knowledge of this condition, millions of children have been saved from premature death. This article reviews the history and origin of the battered child syndrome. The diagnostic features, victim characteristics, and predisposing factors are discussed. In addition, the treatment and long‐term outcome of the condition are also addressed. Due to the possible legal implications, the medico‐legal applications of the condition is discussed with brief review of applicable United States landmark cases.
Battered Spouse Syndrome
Authors: Thomas Tracy A. , Clegg Carl , Fremouw William J. 
Published: September 2009

AbstractBattered spouse syndrome (BWS) was initially conceptualized by Walker (1979). Walker described BWS as comprising several elements, including a three‐stage cycle of violence. The cycle of violence includes an initial “tension” phase, followed by an acute battering incident, and finally a “honeymoon” period. Walker further suggested that women who are abused by an intimate partner typically display learned‐helplessness behavior, guilt, and low self‐esteem. BWS testimony is admissible in all states. Previously, BWS evidence was used to support insanity defenses for women who killed abusive partners. Currently, BWS is rarely used in this capacity. Instead, it is used to bolster claims of self‐defense. This article summarizes the history, theory, and controversy regarding battered spouse syndrome.
Homicide: Multiple (Behavior)
Authors: Edwards Carl N. 
Published: September 2009

AbstractMass murders do occur, but they are very rare. Nevertheless, their catastrophic and unpredictable nature, combined with a universal fascination with inner potentials for violence, lead to many distortions in its perception. Mass killers seldom meet the criteria for insanity or even diminished responsibility defenses. Most plan their crimes systematically and with premeditation.Mass violence can take place anywhere in the world, increase during war and under totalitarian regimes, is seem in many forms, does not fit a single pattern, and has been traced to diverse causes and circumstances. Mass murderers often lead quiet lives and do not have criminal records. While techniques have improved for the assessment of threats made by those who display prior warning signs, prevention is difficult without infringing upon important human and civil rights. There is no proof that mass murder is a recent phenomena, or that it is increasing because of current social conditions. The dynamic of mass violence parallel the dynamics of human behavior in general, and as a problem, is best addressed not as a harbinger or alien concept but as an unfortunate aspect of human existence.
Civil Commitment
Authors: West Sara G. , Hatters‐Friedman Susan 
Published: September 2009

AbstractCivil commitment is traditionally a process that involves the involuntary hospitalization of a mentally ill individual based on his risk of danger to self or others. It is a complicated topic in which both the medical and legal communities play a role, and subsequently, disparate theories have been developed. The psychiatric community emphasizes the importance of protecting the patient and others at a time when he may not be capable of appropriate decision making. The legal community stresses the necessity of maintaining the civil rights guaranteed to all, including the mentally ill. The process that sparked such interest in this topic occurred with the deinstitutionalization of the mentally ill combined with a general movement toward the recognition of civil liberties. This complex interplay of law and psychiatry has led to the creation of various laws worldwide. These laws differ somewhat when applied to special groups, including minors, insanity acquittees, inmates, and sexual offenders.
Capacity Assessment
Authors: Lee Li‐Wen G. 
Published: September 2009

AbstractCompetency and capacity are related terms, one legal and the other clinical, referring to the ability to make a reasoned choice. In a variety of settings, both civil and criminal, an individual's capacity or lack of capacity to make decisions may be questioned. The assessment of capacity is context specific and may fluctuate over time as mental ability changes. In this article, capacity assessments in the following civil areas are discussed: wills, contracts, treatment, and research participation. For criminal settings, capacity with relation to trial procedures and to waiving various rights including the right to privilege, to have legal counsel, and to posing an insanity defense are addressed. Finally, capacity issues in the sentencing phase and in capital cases are reviewed.
Capacity to Stand Trial
Authors: Finch Indra A. 
Published: September 2009

AbstractThe legal construct of competency to stand trial requires that a defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and a rational as well as factual understanding of the legal proceedings against him. The trier of fact (usually a judge) is responsible for interpreting what capacities are sufficient to meet the legal standard of trial competency. Mental health experts who assist the court in establishing whether or not a defendant is competent to proceed are in a position to explain how mental health issues factor in to a defendant's capacities in relation to the relevant legal concepts. There are three primary capacities that are relevant to a defendant's trial competency: general capacity, decisional capacity, and particular capacities in reference to a defendant's specific case. General capacities speak to a defendant's intrinsic abilities, including his level of psychiatric, intellectual, cognitive, and interpersonal functioning. Decisional capacities consider the manner in which a defendant makes everyday decisions and how this may impact his conceptualization of his case, the rationality of his legal decisions, and his ability to work with his attorney. Particular capacities speak to the unique elements of a defendant's legal case, requiring a direct analysis of relevant case facts and how these may interact with the defendant's mental status. Defendants who are found by the court to be incompetent to stand trial may be referred for competency restoration treatment, depending upon the guidelines of the particular jurisdiction. If treatment with psychiatric medications is required, a judicial hearing may be held to determine whether this treatment will meet established criterion to authorize involuntary treatment. Legal standards for competency to stand trial are the same as competency to be sentenced, to plead guilty, to waive an insanity defense, to waive privilege, to waive the right to counsel, and to be executed as each speaks to decisional capacities specific to a defendant's case. The decision to proceedpro se(represent self) also must be made voluntarily and intelligently.
Compulsion
Authors: Yang Suzanne 
Published: September 2009

Abstract
Compulsion refers to the experience of a coercive force, either external or internal to the individual. The person under compulsion is driven toward certain behaviors beyond his choosing. The legal relevance of compulsion includes the use of the term to refer to measures external to the individual applied in order to enforce desired behaviors, such as compliance with treatment that is ordered by the court. The concept of compulsion may also become relevant in legal proceedings when the person's liability for his actions is at stake, such as in the determination of criminal responsibility. Although the idea of compulsion implies that action is not voluntary, the assessment in legal proceedings of an individual's ability to exercise free will is limited to phenomenological description of what the law understands as motivation and choice, rather than the philosophical or biological underpinnings of what constitutes freedom in action. Whether the coercive force is external or internal to the individual, compulsion has subjective effects on the person's experience and self‐perception.
Compulsion Defense
Authors: Raff Adam N. 
Published: September 2009

Abstract
While the law acknowledges special circumstances that may reduce an individual's criminal responsibility, the various defenses of excuse, including coercion and compulsion, often elicit a range of societal responses. The compulsion defense, affirmed by individuals in extreme circumstances or states of mind, is a vague legal concept because it is not a uniformly accepted legal term. The terms duress and necessity are more commonly used to indicate the affirmative compulsion defenses but are not synonymous and distinguished with respect to the source of the external threat of harm (e.g., environment vs man‐made.) The issues of freewill, assumed to be fundamental principals in the adjudication of criminal responsibility, are challenged by the advances in neuroscientific research. Specifically, the work of Dr. Benjamin Libet is discussed, among others, as an example of neuroscientific research intended to empirically measure the sequence of an intentional thought and its relationship to consciousness. Such neurobiological explorations underscore the increasing efforts at unlocking the complexities that interface between the human brain and correlating behaviour.
Dangerousness: Risk of
Authors: Wilson Catherine M. , Douglas Kevin S. 
Published: September 2009

AbstractThe concept of dangerousness has had an important role within both civil and criminal legal contexts. It has been used in various legal scenarios, such as child custody cases, civil psychiatric commitment decisions, and criminal sentencing and parole decisions, to name a few. Although originally conceptualized simply as an individual's propensity to commit a dangerous act (a simple yes or no prediction), “dangerousness” has evolved into a complex ongoing assessment of risk. This article outlines the evolution of dangerousness, from its introduction to the legal and mental health systems to the present conceptualization of dangerousness, known asrisk assessment and management.
Mental Retardation: Death Penalty
Authors: Macvaugh Gilbert S. , Salekin Karen L. , Olley J. Gregory 
Published: September 2009

AbstractIn 2002, the US Supreme Court held inAtkins v. Virginiathat the execution of individuals with mental retardation (also referred to as intellectual disability) is unconstitutional. Following theAtkinsholding, courts in death penalty jurisdictions have begun to call upon mental health professionals to assist the trier of fact in determining whether offenders in capital murder cases have mental retardation. However, the determination of mental retardation in death penalty cases presents several unique and complex challenges for both legal and mental health professionals. Moreover, there is great variability in how states define mental retardation and in the methods used by mental health professionals to diagnose mental retardation in such cases. The purpose of this chapter is to (i) provide an overview of the current death penalty statutes on mental retardation in the United States; (ii) describe the definitions of mental retardation as promulgated by professional organizations in the field; (iii) discuss the diagnosis of mental retardation in death penalty cases; and (iv) review the available research on malingering and mental retardation.
Duty to Warn
Authors: Stankowski Joy E. 
Published: September 2009

AbstractIn law, duty to warn states that a party may be held liable for damages sustained to a second party, if the first party had opportunity to warn the second, and failed to do so. This concept was applied to mental health practitioners in the landmark California Supreme Court case,Tarasoff v. Regents(hereafter known asTarasoff I), which established the duty of a therapist to warn foreseeable victims of patients. In the rehearing of Tarasoff I in 1976 (hereafter known asTarasoff), the court clarified that the duty was to protect, with warning, a possible victim being one way of discharging this duty. For the past 30 years, both therapists and courts have wrestled with the implications of the Tarasoff duty. The majority of states have adopted Tarasoff‐like statutes, with various interpretations and limitations. Canada and the United Kingdom have also considered Tarasoff‐like statues, but to date, have mostly relied on an unlegislated concept that public protection occasionally supersedes patient confidentiality. This article examines the history of duty to protect, before and after Tarasoff, controversies surrounding this duty, and current trends.
Eyewitness Testimony
Authors: Nelson Kally J. , Bowman‐Fowler Nicci , Berkowitz Shari R. , Loftus Elizabeth F. 
Published: September 2009

AbstractFaulty eyewitness testimony is the leading cause of wrongful convictions. To understand how mistakes can happen, it is important to study the processes involved when witnesses see a crime, report it to the police, and testify at trial. Psychologists have identified three stages of witness memory—acquisition, retention, and retrieval—and various factors can affect memory at each stage. In addition to the way in which memory works, research has shown that there are certain factors inherent in the witness that influence how memory for a crime is encoded. Some factors, such as lighting, distance, or other conditions under which the crime occurred, are referred to asestimator variables. Other factors (such as the wording of questions) are under the control of law enforcement, and are sometimes referred to assystem variables. The science of eyewitness memory is vast, and questions have arisen about whether jurors possess this knowledge, or whether some findings are beyond the common sense of jurors. Research has shown that jurors do indeed have misconceptions about memory, and thus, some experts have suggested that they should be educated about the science, perhaps through cautionary instructions or by the use of expert testimony.
Aggression
Authors: Yang Suzanne 
Published: September 2009

AbstractAggression is a term with meanings that range from the expression of mild hostile or angry feelings to behavioral phenomena that result in destructive action. The internal state associated with aggression can be distinguished from its outward manifestations, including violence resulting in physical injury and homicide. After a brief review of what sources are available regarding the prevalence of violence, this article outlines some factors associated with aggression and violence and summarizes current problems in the study of their underlying causes. Individualized assessment is required in order to formulate a treatment plan, whether in the context of clinical care or corrections. Prevention at the individual and societal levels remains an important focus of public health and policy intervention. At present, there is no unified conceptualization of aggressive states and actions leading to the injury of other persons, and research has been feasible only when subtypes of victims and perpetrators have been identified and studied separately. An additional overview of the topic is provided in Aggression: Gender Differences in, which describes female‐perpetrated violence in the context of aggressive behavior in both genders.
Temporary Insanity
Authors: Stankowski Joy E. 
Published: September 2009

AbstractInsanity is a legal, not medical, term often used to justify a defendant's lack of criminal responsibility for an act. Temporary insanity implies that this lack of criminal responsibility might be the product of a temporary or transient mental illness. Pleading temporary insanity is difficult, controversial, and often unsuccessful. This article examines the definition of temporary insanity more closely and reviews the history of the plea through various cases.
Mental Health Courts
Authors: Schneider Richard D. 
Published: September 2009

Abstract
Mental health courts have been instrumental in bringing our attention to the plight of mentally disordered accused. While not flawless, they represent an innovative approach to addressing the needs of individuals within our society who have historically been alienated by both the justice system and the increasingly debilitated and diluted mental healthcare system. Above all aspects of the mental health court movement, perhaps the most laudable feature is the commitment to see new and improved ways to address these needs. They are a first attempt, a good attempt, and an example of therapeutic jurisprudence at work in reducing the criminalization of the mentally disordered individual. A much more direct and expedient approach to the problems sought to be addressed by these courts is deceptively simple: reinvest in the mental healthcare system so that that the needs of these individuals would be addressed at first instance. Absent a major change in this regard, mental health courts continue to be brave and innovative attempts to patch a broken system.
Mental Retardation
Authors: Salekin Karen L. , Olley J. Gregory 
Published: September 2009

Abstract
Mental retardation is a construct that has existed for many years and has evolved with the changing1 political climate and advances in knowledge. At the time of writing, there exist three primary definitions of the disability that, while similar, are disparate enough to result in different perceptions of the disorder. This article reviews the current definitions of the disorder and briefly touches upon issues pertaining to the assessment of mental retardation and its etiology, and the functional abilities of individuals who have the disability and the critical role that supports and services play in their day‐to‐day existence.
Postpartum Psychosis
Authors: Hatters‐Friedman Susan 
Published: September 2009

AbstractPostpartum psychosis, though rare, often has a dramatic presentation, usually after hospital discharge. Symptoms such as insomnia, hallucinations, delusions, abnormal mood, and agitation may occur. Potential risks include suicide, child neglect, or infanticide. Mothers often require psychiatric hospitalization. Those who kill their infants related to postpartum psychosis may qualify for infanticide or insanity defenses.
Psychological Autopsy
Authors: Knoll James L. , Hazelwood Robert R. 
Published: September 2009

AbstractThe psychological autopsy is a procedure that assists in the classification of equivocal deaths, where the manner of death is not immediately clear. The procedure involves a thorough and systematic retrospective analysis of the decedent's life, with a particular focus on suicide risk factors, motives, and intentions. It has been used for almost 50 years to assist medical examiners, collect research data, inform suicide prevention efforts, and as a forensic tool in courts. The psychological autopsy is a time‐consuming process that requires the investigator to analyze all relevant data from a wide array of sources so that a rich psychological biography emerges. A properly conducted psychological autopsy provides a level of important detail far beyond that obtained from a simple review of demographic data or a police narrative. The psychological autopsy methodology has met admissibility standards in a few criminal and civil cases. However, the problem of a lack of standardization has been cited as a main limitation. Until a standardized protocol is developed and accepted, admissibility will likely be determined on a case‐by‐case basis.
Psychopathy
Authors: Hart Stephen D. 
Published: September 2009

AbstractPsychopathy is also known aspsychopathic, antisocial, dissocial, andsociopathic personality disorder. It is a specific form of personality disorder that comprises a broad range of symptoms. The general course is characterized by onset in childhood and persistence into late adulthood. It can be diagnosed according to criteria in standard nosologies, although specialized psychometric procedures are often preferred by forensic mental health professionals. Using broad diagnostic criteria, estimates of lifetime prevalence in the United States were found to range from ∼1.5 to 3.5% in the general population and 50–75% in forensic populations; estimates based on more stringent diagnostic criteria are about one‐third of these rates. Psychopathy appears to be more prevalent in males, in younger generations, and in individualistic cultures; this may be due to symptom expression being facilitated by norms that promote strong individualism or, alternatively, to bias in the existing diagnostic criteria. Psychopathy is frequently comorbid with substance use disorders and some other personality disorders. The etiology of psychopathy is unknown. No reliably effective treatment for psychopathy has been identified. Psychopathy is associated with serious crime, including violence, and is often considered in psycholegal evaluations related to risk assessment.