bluuebunny/crossref_metadata_2025_split huggingface dataset:
Making mental health care decisions: Informed consent and involuntary civil commitment
Authors: Meisel Alan 
Published: May 2007

AbstractThis paper explores the development of the informed consent doctrine as it relates to psychiatric practice. The contribution of the issues of civil commitment and the right to refuse treatment to current developments in the informed consent doctrine is also addressed. Special informed consent issues are related to specific categories of psychiatric treatments. Basic in formed consent requirements in psychiatry are seen as still in the formative stages but the constitutional law and common‐law foundations for further developments are outlined. The complicated clinical, ethical, and legal issues involved in modern psychiatric treatment are stimulating new interest and concern about the informed consent doctrine throughout medical practice.
Seclusion rates and patient census in a maximum security hospital
Authors: Dietz Park Elliott , Rada Richard T. 
Published: May 2007

AbstractSeclusion incidents were studied irr an undercrowded maximum security hospital where seclusion is used in response to episodes of violent or disruptive behavior. Population‐based seclusion rates for days with an above‐mean census were compared with those for days with a below‐mean census. Contrary to expectations derived from studies of overcrowded prisons, the total seclusion rate was higher under low census conditions. Although the seclusion rate for parasuicide incidents was higher under high census conditions, seclusion rates for battery, assault, and disorderly conduct incidents were each higher under low census conditions. These findings are interpreted as indicating that correctional officers observe a smaller proportion of battery, assault, and disorderly conduct incidents under high census conditions. Such underdetection must be taken into account, along with underreporting, in studies of intrainstitutional incidents.
Neurological malingering
Authors: Gorman Warren F. 
Published: May 2007

AbstractThe detection of malingering in terms of neurologic signs and symptoms is described, including malingered coma, simulated deafness, feigned blindness, feigned weakness, and diminished sensation.While neurologic malingering is not an actual diagnosis, it is best detected through medical procedures. To identify malingering, the physician must demonstrate that the malingered sign or symptom is not caused by a diagnosable order and is instead clearly a consequence of the subject's volition.
Interaction with the United States Secret Service: Views of a mental health professional
Authors: Fein Robert A. 
Published: May 2007

AbstractFollowing a 1981 conference on Behavioral Science and the Secret Service, the author and his colleagues worked with the Service in a number of capacities. This paper summarizes their experience, with particular reference to the mentally ill threateners that come to the attention of the Secret Service. This experience offers one model for interaction between the Secret Service and a mental health agency, keeping clear the different roles of each.
Presidential threats and the secret service in a free society
Authors: Rein William C. 
Published: May 2007

AbstractIn September 1981, a symposium of distinguished mental health practitioners from various clinical, administrative, research, and legal disciplines was conducted on the topic of “Behavioral Science and the Secret Service,” under the sponsorship of the National Academy of Sciences, Institute of Medicine. The article combines a study of the symposium's written conference summary, the author's experience as legal counsel to a state security hospital, and research into federal cases that have interpreted the so‐called “Presidential Threat Statute” (18 USC 871) in order to discuss the role of the Secret Service in protecting elected federal officials from physical harm. The potential for increasing practical cooperation between the Service and state mental health systems is also discussed.
Psychiatrists' duty to warn of a dangerous patient: A survey of the law
Authors: Kamenar Paul D. 
Published: May 2007

AbstractThe leading court cases that decide under what circumstances a duty to warn a third person about the potential dangerousness of a patient will be imposed on a psychiatrist or therapist, and in what manner the discharge of that duty will be judged to be sufficient is discussed and analyzed. A survey indicates that courts regard the duty to warn to be only part of a larger duty to control a dangerous patient. Thus, even if there is no duty to warn, courts may nevertheless impose liability for injuries to third persons predicated on acts of nonfeasance or misfeasance in diagnosing, treating, or controlling a dangerous patient. Lastly, the impact that various patient confidentiality laws have on the duty to warn are discussed.
The impact of Tarasoff on clinical practice
Authors: Quinn Kathleen M. 
Published: May 2007

AbstractThe clinical impact of Tarasoff (1976) has meant an increased emphasis on violence as a topic in treatment and a concern for therapists. This paper discusses the limits of confidentiality and the management of dangerous patients both before and after the landmark decision of Tarasoff. The existing research surveys on therapists' responses to Tarasoff are reviewed. Some of the clinical implications of recent court cases such as Jablonski are described. Recommendations for the management of threatening patients are made.
An investigation of persuasion and sentencing severity with mock juries
Authors: Osborne Yvonne Hardaway , Rappaport Neil B. , Meyer Robert G. 
Published: May 2007

AbstractThe extent to which the personal characteristics of individual mock jurors affect participation and influence with other jurors within the deliberation process was the focus of this investigation. A predeliberation locus of control measure, along with two conditions of jury composition (heterogenous vs homogenous with respect to the locus of control measure) were used to investigate interactions among sentencing severity, persuasiveness in deliberation, and demographic characteristics among 96 jurors. Results indicated that group sentences were significantly more severe than predeliberation sentences and that postdeliberation shifts were significantly more pronounced for the heterogenous juries than for the homogeneous juries.
Stealing money: An assessment of bank embezzlers
Authors: Pogrebin Mark R. , Poole Eric D. , Regoli Robert M. 
Published: May 2007

AbstractThis study sought to construct a profile of a contemporary bank embezzler using data from the U.S. Probation Office in Denver on 62 persons adjudicated guilty of embezzlement. The typical embezzler was a 26‐year‐old, married, Caucasian female having a high school education, earning less than $10,000 annually and working in an entry level position for less than one year. Embezzlers tended to commit their crimes alone, stealing less than $5,000 for a period under a year. The most frequently reported motivation for the defalcation was a marital or family problem, with most offenders using the embezzled funds to pay off personal debts. Significant differences in amount embezzled were found by race, education, job position, length of employment, duration of embezzlement, and involvement of an accomplice.
Conflict of interest between therapist‐patient confidentiality and the duty to report sexual abuse of children
Authors: Miller Robert D. , Weinstock Robert 
Published: May 2007

AbstractAll 51 jurisdictions in the United States require physicians to report suspected child abuse. In most jurisdictions, reporting requirements override both confidentiality and privilege associated with the physician‐patient relationship. The authors review the literature relevant to the conflict between privacy and reporting abuse and report the results of a national survey of therapists at sex offender treatment units. They discuss ethical problems experienced under these statutes by therapists who attempt to provide treatment for sex offenders, and by therapists who are required to report past instances of child abuse even when there is no evidence of ongoing abuse.
Brain imaging: Applications in psychiatry
Authors: Swayze Victor W. , Yates William , Andreasen Nancy C. 
Published: May 2007

AbstractFor more than a century psychiatrists have suspected neuropathology in patients with mental illness. In the last decade there have been developed several technologies that are capable of looking at both neuroanatomy and neurophysiology in the brains of living humans. First, x‐ray computerized axial tomography led the way in visualizing the living brain, and now magnetic resonance imaging allows brain structure to be shown with even more clarity. Brain electrical activity mapping allows computerized maps of electrophysiological activity to be visualized in a way never before possible. Nuclear medicine has provided the means of looking at various metabolic and neurochemical parameters in the living brain. These include regional cerebral blood flow studies using xenon133, single photon emission tomography, and positron emission tomography. Psychiatrists are cautiously optimistic that these various brain imaging technologies will be important new tools in continued exploration of the causes of mental illness and ultimately may lead to more effective treatments.
Menstruation and crime: A critical review of the literature from the clinical criminology perspective
Authors: Harry Bruce , Balcer Charlotte M. 
Published: May 2007

AbstractThe authors review the literature on the relationship between menstruation and crime, focusing upon the methodological limitations of these studies in the broader context of criminological and menstruation research. Based on this review, they conclude: the present state of scientific knowledge is such that it is unknown whether there is an association between any phases of the menstrual cycle and crime; there is no evidence linking fluctuations in reproductive hormones to criminal behavior; and, this lack of scientific knowledge is so glaring that evidence regarding menstruation and crime should not be admissible in criminal trials.
Assessing and restoring competency to be executed: Should psychiatrists participate?
Authors: Mossman Douglas 
Published: May 2007

AbstractFord v. Wainwright (1986) is one among several recent U. S. Supreme Court decisions granting psychiatrists a distinct but awkward role in the capital punishment process. Ford affirms the right of the condemned to be spared execution while mentally incompetent, and validates state laws requiring psychiatric evaluation and treatment of capital inmates who plead that they have become insane while awaiting execution. The ruling raises troublesome questions for psychiatry, including whether it is ethical for psychiatrists to assess or treat prisoners, thereby enabling their execution. This article argues that evaluation and treatment of capital inmates is in accordance with medical practice standards that emphasize respect for patients' autonomy and rationality.
Psychiatric prediction of dangerousness in capital sentencing: The quest for innocent authority
Authors: Worrell Claudia M. 
Published: May 2007

AbstractEight states require the sentencer in a capital case to consider directly the question of whether a criminal defendant would pose a danger to the community in the long term. Although all available psychiatric evidence indicates that psychiatrists cannot make accurate predictions of criminal defendants' future dangerousness, sentencers rely heavily upon clinicians' predictions of long‐term future dangerousness when imposing the death penalty. Legislatures and courts accept psychiatrists' predictions of dangerousness by relying on an elaborate “subterfuge” which uses powerful emotional influences to cover up painful conflicts of values and to satisfy society's desire for simultaneous innocence and authority.
Effects of voir dire variations in capital trials: A replication and extension
Authors: Nietzel Michael T. , Dillehay Ronald C. , Himelein Melissa J. 
Published: May 2007

AbstractWith a sample of 18 capital cases tried in Kentucky, South Carolina, and California, we attempted to replicate an earlier study which showed that significantly more defense challenges for cause were granted under conditions of sequestered, individual voir dire than when voir dire was conducted under less enhanced conditions. In the current sample, sequestered, individual voir dire again resulted in more defense removals for cause than obtained with less extensive voir dire. We present data on the defense removals for cause partitioned into five categories according to the reason for the challenge and analyze the effects of jury selection consultants on the various indices of voir dire as well as final sentence.
Civil commitment: An economic perspective
Authors: Rubiny Jeffrey 
Published: May 2007

AbstractThe rules governing the civil commitment of mentally ill persons result from complex legislative and judicial processes. In this article an economic approach to the evaluation of commitment laws is presented. A related economic model is applied to the process by which commitment rules are selected and changed.In the economic approach the benefits and costs of civil commitment are specified and analyzed to determine an optimal number of commitments. A graphical model is used to reinforce the conclusions. The distinction between private and social benefits and costs is used to derive the conclusion that some civil commitment is consistent with the economic principle of optimality. Failures in the political process are shown to generate a need for judicial intervention to correct for possible biases toward overcommitment and an inadequate quality of care. An alternative to the economic evaluation of commitment rules, based on the work of Rawls, is also presented.
Child reporting and testimony in incest cases: Comments on the construction and reconstruction of reality
Authors: Maddock James W. 
Published: May 2007

AbstractVerifying reports of intrafamilial sexual abuse has become more complex, with doubts raised about the credibility of children as reporters and witnesses. This article explores factors that influence the interaction between a child's experience of sexual abuse within the family and the description of that abuse in a broader social context outside the family. The child must respond to differing contextual cues that are likely to require opposing constructions of “reality.” Thus the stage is set for uncertainty, self‐contradiction, and lack of reliability. Suggestions are made for improving the handling of reported incest cases by social service and legal systems.
Treatment of incest and pedophilic offenders: A pilot study
Authors: Lang Reuben A. , Pugh George M. , Langevin Ron 
Published: May 2007

AbstractTwenty‐nine incest and 22 heterosexual pedophilic offenders, under sentence, participated in a study of therapeutic outcome. Results showed the two groups were remarkably similar in their pretreatment level of psychosocial functioning. However, pedophiles had a significantly higher recidivism rate than incestuous men. Incest offenders, on the whole, changed most relative to single or married pedophiles. Pedophiles appeared more treatment resistant in dealing with their disturbed family relations, verbal hostility, irritability, and feelings of anger that, in part, underlie their sexual anomaly. At follow‐up 36 months later, only 2 incest and 4 pedophilic men had recidivated. The discussion links these findings with earlier research and proposes a multimodal, group‐oriented approach to treating sex offenders.
The use of prediction data in understanding delinquency
Authors: Stouthamer‐Loeber Magda , Loeber Rolf 
Published: May 2007

AbstractPredicting delinquency is valuable for understanding the course of crime, factors that influence its course, and the identification of markers that signal deviant processes. In addition, prediction data are relevant for judicial and clinical decision making. This article summarizes research findings on the prediction of delinquency. In the realm of early childhood behaviors, there is consensus that aggression (especially in conjunction with hyperactivity), drug use, truancy, lying, stealing, general problem behaviors, and poor educational achievement all predict later delinquency, albeit to varying degrees, with composite prediction scales yielding the highest degree of accuracy. In addition, studies show a reasonable consensus that the following family factors also predict delinquency: poor supervision, lack of involvement by parents, poor discipline, rejection by a parent, parental criminality and aggressiveness, marital problems, parental absence, and poor parental health. Variables reflecting socialization processes predicted later delinquency as well as children's early behavior. Although studied less frequently, youngsters' association with deviant peers is also predictive of delinquency.
Assessing treatability in mentally disordered offenders: A conceptual and methodological note
Authors: Heilbrun Kirk , Bennett William S. , Evans James H. , Offutt Richard A. , Reiff Harry J. , White Adam J. 
Published: May 2007

AbstractThe assessment of treatability in mentally disordered offenders has rarely been addressed through empirical research, despite its frequent use in clinical and legal decision‐making. We describe four necessary steps for establishing the requisite research base for treatability evaluations: (a) criterion specification, (b) the development of reliable measures, (c) the validation of these measures with treatment outcome data, and (d) the incorporation of environmental and base rate information.
Treatment recommendations for mentally disordered offenders: More than roulette?
Authors: Rogers Richard , Gillis J. Roy , Dickens Susan E. , Webster Christopher D. 
Published: May 2007

AbstractClinical judgments on the treatability and prognosis of mentally disordered offeenders (MDO) may strongly influence legal dispositions and the availability of treatment resources. This study examined 1,238 discharge summaries for MDOs referred for court assessments. Psychiatrists evidenced marked variability in how often they recommended treatment and how frequently they judged patients to have a poor prognosis. Two logit analyses suggested that diagnosis and consultation by other clinicians were associated with (a) treatment recommendations (i.e., Axis I diagnosis and social work consultations) and (b) prognosis (i.e., Axis II diagnosis and psychology consultations).
Truth in sentencing
Authors: Brodeur Jean‐Paul 
Published: May 2007

AbstractThe Canadian Sentencing Commission released its report in 1987. The article draws on the research conducted on behalf of this commission to present a critical overview of the problems of sentencing in Canada. The reform proposed in the commission's report is also discussed. First, the U.S. and the Canadian sentencing systems are contrasted with regard to the issues of determinacy in sentencing, appellate review, and federal jurisdiction. Second, the main problems are identified, namely, disparity, the overuse of incarceration, and the gap between what the sentencing process claims to be doing and its actual operation and effects. Several instances of the divorce between appearance and reality in sentencing are provided and their impact is assessed. Third, the reform proposed by the Canadian Sentencing Commission is outlined and the consequences of adopting a model based on the principle of proportionality are underlined. The article concludes by contrasting two strategies to control the growth of prison populations.
Forecasting the impact of the federal sentencing guidelines
Authors: Block Michael K. , Rhodes William M. 
Published: May 2007

AbstractThe Sentencing Reform Act of 1984, which created the U.S. Sentencing Commission, required that the commisson consider prison capacity in drafting sentencing guidelines. As part of the commission's efforts to meet this requirement, we developed a computer simulation capable of projecting the impact of the commission's guidelines on future sentences and prison populations. According to our projections, “straight” probation sentences will be reduced significantly under the guidelines. However, reducing the use of probation will generate only modest demands on the prisons, and then mostly for community corrections phased in over the course of 5 years. We also project that, while average time served for violent offenses will increase substantially, average time served for most property crimes will remain largely the same. Finally, while we forecast that federal prison populations will grow markedly by the end of this century, this is more a result of the Anti‐Drug Abuse Act of 1986 and the career offender provision of the Comprehensive Crime Control Act of 1984 than a result of the guidelines.
Mediation and child custody issues in abusive relationships
Authors: Geffner Robert , Pagelow Mildred Daley 
Published: May 2007

AbstractContested divorces and child custody cases have increased in number in recent years, and many have involved domestic violence. Victims of domestic violence need an informed legal system to help them achieve equitable settlements and safe arrangements. Two areas of concern presented in this article are mediation and joint custody. Professionals in the mental health, social service, criminal justice, and legal fields must understand the ramifications of joint custody and mediation in abusive relationships. The effects on the children and adults are discussed, and specific recommendations are presented for dealing with power and other issues in abusive relationships.
Psychological self‐defense jury instructions: Influence on verdicts for battered women defendants
Authors: Greenwald Jessica P. , Tomkins Alan J. , Kenning Mary , Zavodny Denis 
Published: May 2007

AbstractEwing (1987) has proposed a new legal doctrine called ‘Psychological Self‐Defense,’ which is intended to provide a legal justification for a killing committed under the threat of extremely serious psychological injury. This study examines the effect of such an affirmative defense on the verdict in two vignette cases in which a battered woman killed her abuser. One‐hundred ninety‐six subjects issued verdicts after reading the case vignettes and a series of jury instructions which varied by self‐defense instruction (Psychological Self‐Defense Only, Physical Self‐Defense Only, Psychological and Physical Self‐Defense, or none of these). Only Psychological Self‐Defense instructions significantly influenced verdict patterns, primarily by shifting would‐be voluntary manslaughter convictions to acquittals.
Expert testimony in pornography trials: A role for the social scientist
Authors: Schell Bernadette H. , Bigelow Brian 
Published: May 2007

AbstractThis article attempts to clarify the concepts of law, pornography, and the special role of the expert witness in pornography. Different conceptual frameworks taken by experts in this field are addressed, as are the shortcomings of various approaches. Finally, the critical role of ethics in giving expert witness testimony in pornography is discussed.