The use of harmful to others-criterion for involuntary treatment in Finland

During the past decades the Western countries have paid attention to their Mental Health legislation, in particular, by making changes concerning involuntary treatment. In Western countries legislation allows involuntary treatment of the mentally ill. Involuntary psychiatric treatment is motivated by either potential harm to others (for the good of society) or by need for treatment and/or potential self-harm (for the good of the patient). The aims of this study were to describe to what extent the danger to others criterion is used as a motivation for involuntary hospitalization and detainment in Finland, and to what kind of patients this criterion is applied. The study involves a retrospective chart review of all the treatment periods of a six month admission sample in three Finnish university hospitals. We found that potential harm to others has been rarely used as a motivation for involuntary referral or detainment together with other motivations, and virtually never as the sole motivation. With the exception of gender, which was most often male, patients with potential harm to others did not differ significantly from other involuntarily treated patients. Coercion (defined as seclusion, the use of restraints, forced medication, physical restraint or restrictions in leaving the ward) was not used with these patients more regularly than with the patients motivated by the other criteria. Length of stay (LOS) in a psychiatric hospital did not differ between the patients determined harmful to others and the other involuntarily treated patients.     

Characteristics and outcome of patients brought to an emergency department by police under the provisions (Section 10) of the Mental Health Act in Victoria,Australia

ObjectiveThe aim of this study is to describe the characteristics and outcome of patients brought to an emergency department by police under Section 10 of Mental Health Act (Victoria, Australia).MethodsRetrospective medical record review. Patients referred under Section 10 provisions treated in calendar year 2009 were identified from ED database. Data collected included demographics, incident details, patient management, final diagnosis and disposition. Primary outcomes of interest were ED diagnosis and disposition. Secondary outcomes were length of stay in ED and use of restraint or sedation.ResultsOne hundred and ninety seven presentations by 164 patients were identified. Patients were predominantly male (58%) with median age of 35 years (IQR 22–44, range 16–69). The most common presenting complaint (65%) was threat of self harm. No sedation or restraint was used in 61%. Sixty seven percent were deemed safe for discharge home while 26% were admitted to a psychiatric ward (equally divided between voluntary and involuntary admission). The predominant discharge diagnosis was self harm ideation or intent (35%). Median ED length of stay was 156 min (inter-quartile range 79–416).ConclusionMost patients brought to ED by police under Section 10 provisions were for threat of self harm and did not require sedation or restraint. The majority are discharged home. Further work exploring less restrictive or traumatic processes to facilitate psychiatric assessment of this group of patients is warranted.     

Weight force during prone restraint and respiratory function

Prone maximal restraint position (PMRP, also known as hogtie or hobble) is often used by law enforcement and prehospital personnel on violent combative individuals in the field setting. Weight force is often applied to the restrained individual's back and torso during the restraint process. We sought to determine the effect of 25 and 50 lbs weight force on respiratory function in human subject volunteers placed in the PMRP. We performed a randomized, cross-over, controlled trial on 10 subjects placed in 4 positions for 5 minutes each: sitting, PRMP, PRMP with 25 lbs weight force (PMRP+25), and PRMP with 50 lbs weight force placed on the back (PMRP+50). We measure pulse oximetry, end-tidal CO2 levels, and forced vital capacity (FVC) and forced expiratory volume in 1 second (FEV1). FVC and FEV1 were significantly lower in all restraint positions compared with sitting but not significantly different between restraint positions with and without weight force. Moreover, mean oxygen saturation levels were above 95% and mean end-tidal CO2 levels were below 45 mm Hg for all positions. We conclude that PMRP with and without 25 and 50 lbs of weight force resulted in a restrictive pulmonary function pattern but no evidence of hypoxia or hypoventilation.     

Individual and situational determinants of police force: An examination of threat presentation

This study is based on previous research denoting the primary factors that influence officer decisions regarding the use of differing levels of force in police-citizen encounters. Using a totality of the circumstance approach, primary emphasis is directed toward explaining those factors that contribute to officers’ estimation of the perceived level of threat inherent in police-citizen encounters. Officers’ perceived level of threat presented by a suspect or the situational context of an encounter is important because in 1989, the Supreme Court in theGraham v. Conner decision mandated that the appropriate amount of force that can be utilized depends on the following four primary factors: the threat, offense severity, actual resistance offered, and whether the suspect is trying to escape custody. These criteria were tested and placed into a predictive model along with other indicators the literature has found to be correlated with situations in which police force is used more often. The findings suggest that while the threat presented to officers is important and related to the level of force that is deemed appropriate by the police profession, many additional elements must be taken into consideration when interpreting if an officer used force correctly.     

The effect of oleoresin capsicum "pepper" spray inhalation on respiratory function

We performed a randomized, cross-over controlled trial to assess the effect of Oleoresin capsicum (OC) spray inhalation on respiratory function by itself and combined with restraint. Thirty-five subjects were exposed to OC or placebo spray, followed by 10 min of sitting or prone maximal restraint position (PMRP). Spirometry, oximetry, and end-tidal CO2 levels were collected at baseline and throughout the 10 min. Data were compared between groups (ANOVA) and with predefined normal values. In the sitting position, OC did not result in any significant changes in mean percent predicted forced vital capacity (%predFVC), percent predicted forced expiratory volume in 1 s (%predFEV1), oxygen, or CO2 levels. In PMRP, mean %predFVC and %predFEV1 fell 14.4 and 16.5% for placebo and 16.2 and 19.1% for OC, but were not significantly different by exposure. There was no evidence of hypoxemia or hypercapnia in either groups. OC exposure did not result in abnormal spirometry, hypoxemia, or hypoventilation when compared to placebo in either sitting or PMRP.     

Civil commitment and the criminal insanity plea in Israeli law

In Israeli jurisprudence there is a substantial difference towards mentally ill patients between the civil and penal law systems that goes well beyond differences required by their separate objectives. Mentally ill people dangerous to others due to their illness belong in the hospital, not in the community or in jail. The data gathered especially for this paper make it hard to escape the conclusion that contemporary practice in Israel does not accord with this objective. On the civil front, inaccuracy in predicting who is dangerous may lead to involuntary commitment of people who are not dangerous. On the criminal side, too few people are sent to the hospital in Israel and correspondingly too many to jail. Comparison with US data and practice shows that on the civil side prediction has been improved by using actuarial methods, while on the penal side more up to date definitions of mental illness have been adopted. Whatever the appropriate solution for Israel, surely the first requirement is recognition of the problem.     

INSTITUTIONAL AND POSTRELEASE BEHAVIOR OF FURMAN-COMMUTED INMATES IN TEXAS*

In 1972, the United States Supreme Court ruled in Furman v. Georgia that the death penalty as administered constituted cruel and unusual punishment. This ruling also invalidated the death sentences of over 600 inmates in the United States, who subsequently had their sentences commuted to life imprisonment. This article examines the institutional and postrelease behavior of the 47 Furman inmates in Texas from 1973 to 1986. Prior to the release of these inmates into the general prisoner population, prison officials and clinicians stated that they were dangerous and constituted a substantial threat to other inmates and to the security staff. The institutional and release behavior of the Furman inmates is compared with that of a cohort of like violent offenders. The Furman inmates committed few serious rule violations. They did not kill other inmates or staff. A minority of inmates in both groups committed the majority of prison rule violations. Of the 31 Furman inmates released on parole, 1 committed a new homicide. No cohort inmate killed again. The conclusion is that the execution of these 47 inmates would not have greatly protected society.     

Characteristics of homicide perpetrators among Italian forensic hospital inmates

OBJECTIVE: To identify distinctive clinical and social features of the psychiatric patients who committed homicide among inmates of Italian forensic hospitals. METHOD: Clinical and social characteristics of four cohorts of patients were compared: 64 inmates who committed or attempted homicide (Hs), their 64 matched controls from community services caseloads, 54 inmates who committed other crimes and their 54 matched controls from community services caseload. RESULTS: When compared with other inmates, patients who committed or attempted homicide showed less severe psychopathology (later onset of mental disorders, later contact with mental health services, lower disability scores) except for higher scores at BPRS "hostility" and "suspiciousness" factors; they also showed better premorbid adjustment (socioeconomic status, employment), and surprisingly better behavioural profile (fewer compulsory admissions, fewer previous criminal records, less substance abuse, less frequently in caseloads of community services). When compared with their matched controls, Hs had lower psychopathology, better adjustment, and a similar behavioural profile. CONCLUSIONS: Italian inmates of forensic hospitals who committed or attempted homicide have clinical features and personal histories which are far from the stereotype of the violent and dangerous psychiatric patients. The risk assessment procedures routinely performed in several countries may detect violent, but not homicidal behaviour.     

Imperium in Imperio and the Political Origins of the American Labor Conspiracy Doctrine

Many political essayists and judges writing in the early republic sought to circumscribe actions deemed oppressive and otherwise interfering with civil liberty. Associations seeking to advance a set of narrow interests at the expense of the public posed a threat to civil liberty. The way that threat was interpreted in the specific case of labor associations is the subject of this article. It was not the economic power of such entities that gave rise to indictments. Rather the political significance of "private confederacies" acting as an "imperium in imperio" was cited as the key threat to the new political order. Thus, Judge Levy in granting legitimacy to the American labor conspiracy laws did not cite common law precedent but his concern that "a new legislature consisting of journeymen shoemakers" would usurp the legitimate power "of our state legislatures."     

Rare and Severe Maxillofacial Injury Due to Tear Gas Capsules: Report of Three Cases

Tear gases are used by police or armed forces for control of riots or social events or by the general population for private self‐defense. These agents are used widely throughout the world, but some harmful effects have reported. In addition, despite well‐defined chemical side effects documented in the literature, data are insufficient regarding mechanical injury due to tear gas capsules. We report three cases of severe maxillofacial injury in patients who had these capsules fired from tear gas guns directly to their faces. The capsules penetrated the patients' faces, causing potentially fatal injuries. To our knowledge, reports of this kind of injury related to tear gas capsules are very rare in the literature. In conclusion, tear gas guns may be very dangerous in terms of human health and they may cause severe injuries, especially when they are not used according to strict guidelines.     

PROTECTING OUR CHILDREN FROM SEX OFFENDERS: HAVE WE GONE TOO FAR?

On July 27, 2006, U.S. President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act. This federal statute was created to serve as a tougher, more modern improvement of its predecessor in the ongoing effort to protect children from dangerous sexual predators. However, the Act did not amend the controversial federal mandate that all 50 states include the crimes of kidnapping and false imprisonment against a minor, committed by a nonparent, and without any sexual motivation or misconduct, as a crime requiring a wrongdoer to register as a sex offender. This Note demonstrates how the kidnapping and false imprisonment requirements of the Adam Walsh Act have led to a misuse of state sex offender registries to the detriment of the children they claim to protect. The solution that this Note proposes will provide each individual state with the freedom to decide how, if at all, these contentious offenses will fit into its sex offender registry, taking into consideration the state's unique statutory language, available child protective resources, and constitutional limitations. As a result, petty criminals who do not pose any real or specific threat to children will no longer be grouped with the most dangerous and violent sexual predators, child protective funds will be better utilized, and the public's attention will be refocused on the real threats to children, thereby satisfying the spirit and purpose of the Adam Walsh Act.     

互构关系中社区矫正对象与性质定位研究

社区矫正对象和性质是社区矫正制度中的两个基础问题。当今学界有关这两个基础问题的争议呈现的几近陷入僵局和死结状态,是因为他们或者仅在各自范畴内进行独立地研究,或者没有厘清研究的逻辑顺序造成的。社区矫正对象和性质具有互构关系,应从对象入手进行整体的系统研究。当今社区矫正在对象上面临的主要问题是所依附的法律相关规定不尽合理,对象仅限制在四类罪犯上,对于从理论和现实角度出发可以纳入矫正对象的剥夺政治权利罪犯及附条件不起诉人未予规定。因此,应以发展的眼光和从刑事一体化的角度出发,将社区矫正性质定位为更具有开放性的非监禁性的刑事处遇方法。     

“Dangerousness” within a juvenile institution

Experiments were conducted to test three hypotheses within a maximum security juvenile institution: (1) that the Overcontrolled Hostility (OH) scale, the Socialization (So) scale, and the Hand Test may be used to differentiate dangerous from nondangerous inmates; (2) that an instrument can be constructed that will differentiate dangerous from nondangerous youths; and (3) that there is a negative correlation between staff's perception of a youth's degree of dangerousness and their desire to not work with dangerous youths.The So, OH, and Hand Test were administered as was a twenty-five-word adjective checklist (the “TB”) with four response levels so that low scores signified dangerousness. A questionnaire produced a list of subjects with whom staff wanted to work and those with whom they did not want to work.The hypothesis that the So scale, the OH scale, and the Hand Test could discriminate between dangerous and nondangerous “subjects” was not confirmed. The hypothesis that an instrument could be constructed that would differentiate dangerous from nondangerous youths was confirmed. The hypothesis that staff's perception of dangerousness affects their working relationship with youths was solidly confirmed.     

Establishment of a Juvenile Police Record:

According to the symbolic interactionist perspective, the juveniles who are most likely to have a police record of arrest are those who conform to police preconceptions about delinquent types, who are perceived as a threat to others, and who are most visible to the police. Several individual and peer group characteristics can serve as cues that youths are delinquent or that they pose a threat and can increase visibility. The present study uses a survey approach to determine the relative association of these individual and peer group characteristics with the establishment of a police record. The analysis reveals that in addition to delinquent activities, fitting the common image of a delinquent and dangerous person–that is, being a male in a predominantly, male, delinquent peer group–increases a youth's chances of arrest. Moreover, committing a high proportion of offenses with a group of peers, which results in high visibility, also increases the chances of arrest.     

Parliamentary Sovereignty,Judges and the Asylum and Immigration (Treatment of Claimants etc.) Bill

It is an aspect of the traditional view of Parliamentary sovereignty that the courts will not rule as invalid an Act of Parliament, or any part of an Act, which has been passed in the correct fashion. This view has been questioned by some, including some senior judges. They argue that certain limits on the legislative competence of Parliament are necessary to protect those fundamental values that are essential in a democracy. Many who argue for limits to the legislative competence of Parliament also suggest that the relationship between the different arms of the government is one based on mutual respect, restraint and co-operation. If Parliament legislates in such a way as to breach this mutuality, and in a way that will cause conflict between Parliament and the courts, then, it is suggested, the courts may reply in kind by holding that legislation, or part of it, invalid. It is argued here that in the recent quarrel between the Government and the courts over the ouster clause contained in the Asylum and Immigration (Treatment of Claimants, etc.) Bill 2003, the Government was encouraged to undertake to amend the legislation as a result, at least in part, of intimations by senior judges that the clause could be overruled by the courts. This demonstrates, it is argued, that both sides believed this threat to have some force.Lecturer in Law, Department of Law and Criminology, Edge Hill College of Higher Education. Email: mcgarryj@edgehill.ac.uk. I am grateful to Kas Wachala and Maggi Eastwood for their comments on earlier drafts of this article. Any errors remain my own.     

我国犯罪构成体系完善探略

定罪乃判定某一危害行为构成犯罪与否的认识活动,应当合乎认识论的基本原理;在这一认识活动中,危害行为是认识的客体,犯罪构成是认识的中介。传统犯罪构成理论将危害行为视为犯罪构成客观要件之一,混淆了认识客体和认识中介之间的界限。期待可能性成为犯罪构成主观要件之一具有理论和实践的根据;犯罪目的是希望意志的核心,不是独立的主观要件;犯罪动机是独立于罪过心理而存在的选择性主观要件。犯罪主体要件、客观要件和主观要件形成了犯罪构成系统的基本构架。     

Investigators' and judges' opinions about civil commitment

As part of our work with the Oregon Task Force on Civil Commitment, we surveyed the judges and commitment investigators involved in the state's involuntary treatment program. In Oregon the investigators recommend whether or not a commitment hearing should be held. These mental health professionals indicated that current confidentiality laws restrict their access to important information. The investigators also expressed concern about the lack of resources with which to divert clients out of the commitment system. Judges too felt that relaxing the rules of evidence would improve the quality of commitment hearings. Regarding changes in the system, investigators and judges indicated that outpatient treatment (including compliance with medications) should be required of committed patients. These professionals noted that involuntary outpatient treatment could only be enforced if the system included a mechanism for hospitalizing patients who were noncompliant. Although the investigators believed commitment criteria should be broadened so that their clients could receive treatment before becoming dangerous, judges did not generally endorse this view. We discuss the implications of these findings for new civil commitment legislation.     

Can Saying Something Make It So? The Nature Of Seditious Harm

In this paper, I redress an analytic deficit in debates about sedition by providing an explanatorily account of the relation between speech and action using speech act theory as developed by J.L. Austin. The specific focus will be on speech acts advocating violence against the state, in the form of religious sermons preaching violent jihad or glorifying acts of terrorism. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause harm. It also suggests that because speech can constitute action or conduct in certain circumstances, sedition laws, in principle, might be defensible, but not in their current form.     

论“两个证据规定”的三大突破与五个局限——以非法言词证据的证据能力为重心

两高三部新近颁布的"两个证据规定"(《关于死刑案件审查判断证据若干问题的规定》与《关于办理刑事案件排除非法证据若干问题的规定》)重申了非法言词证据一般应予排除的原则,修订了非法言词证据的涵义及取证规范,确立了瑕疵证据一般不予排除的操作程式,是我国刑事证据制度改革的突破进展。同时,也存在对严格予以排除的"强制情形"例举不细致,对"诈术情形"的证据效力有待明确,被追诉人口供的排除原理亟需完善,取证禁止规定亟需更高位阶的人权法规范引导,特殊情形下非法言词证据的证据能力仍需补充等五大改革局限。面对这些制度局限,进一步的对策、变革与完善仍值得期待。