监狱精神病罪犯问题及法律规制

对精神健康问题的关注程度标志着一个国家文明程度的提升,相应地对精神病人的刑事处遇政策也体现了一个国家刑事法治的发达水平,目前,监狱精神病犯人数有所增加,对这些特殊人群的关爱和保障要尽快提上议事日程,应当结合监狱的具体实际,建立罪犯服刑能力鉴定机制,强化“司法审查关”;构建强制治疗程序,发挥其防卫社会、治疗疾病和保障人权的功能;在监狱系统设立专门的精神病医院或监区,以维护监狱安全和保障罪犯权利。     

Psychiatric disorders and management of sexual offenders in the prison psychiatric consultation unit of Marseille

Since 2017, complaints of sexual violence have increased in France. At the same time, the management of sexual offenders has been at the center of international public health policies. The prevalence of mental disorders among sexual offenders is an essential field of research. There are some published studies on the prevalence of psychiatric disorders in sexual offenders in detention, but there are few recent published studies among French individuals who were detained. Our objectives were to determine the prevalence of psychiatric disorders among persons detained for sexual offenses and the level of care received according to their diagnosis. For this purpose, we carried out a retrospective observational study from January 2017 to October 2021 of all adult sexual offenders, whether accused or convicted, who were seen in the psychiatric consultation unit of Les Baumettes prison, Marseille, France. The primary outcome measure was the psychiatric diagnosis entered in the medical records. One hundred forty-two patients were included in analysis. All patients were men, and the majority (n = 97, 68.3%) of these patients presented with at least one psychiatric disorder, principally a personality disorder (31.7%). 10.6% presented with a schizophrenic disorder, 4.9% a bipolar disorder, 3.5% a depressive disorder, 5.6% pedophilic paraphilia, and 25.4% an addictive disorder. Their management and comorbid addictions were analyzed in subgroups for each psychiatric disorder. Patients appeared to receive an appropriate level of care for their diagnosed disorder. It seems important to develop structured assessment of recidivism risk for better management of sexual offenders.     

A comparison of rape and molest offenders in prison psychiatric treatment

Differences in offense history, brain functioning, and psychological functioning of rape (n = 45) and molest offenders (n = 15) who were receiving psychiatric treatment while in prison were evaluated. Significant differences were found in each of these domains. Rape offenders were more likely to have histories of high violence offenses other than sexual offense, including murder, serious juvenile offenses, and both juvenile and adult sexual offenses. Rape offenders were more likely to show lower intellectual functioning and diffuse brain dysfunction associated predominantly with temporal and prefrontal brain cortices. Rape offenders were also more likely to display psychological functioning associated with illogical thinking and disordered attachment but less immature self-focus and fewer feelings of alienation than demonstrated by molest offenders. Implications for treatment and social policy for sexual offenders are suggested. Logistic regression demonstrated that these neuropsychological measures resulted in 71.7% accurate prediction and Rorschach measures resulted in 79.2% accurate prediction in differentiating rape from molest offenders. Implications for theoretical understanding of sexual offending are discussed.     

Study of the correlation between psychiatric and psychological diagnoses in sample offenders

This study deals with the frequency with which expert psychiatrists and psychologists make structural or nosographic diagnoses within the context of expert assessment.Thus, the rates of concordance between psychiatrists and psychologists in both types of diagnoses will be assessed.To do so, the level of inter-observer agreement on diagnoses between 1990 and 2003 was studied retrospectively in France through psychiatric and psychological assessments of 505 male offenders. The assessment of the correlation rates was carried out using the Kappa coefficient.The results show a range of 0.55 to 0.71 in inter-observer (psychiatrists vs psychologists) agreement for structural diagnoses, and 0.51 to 0.89 for nosographic diagnoses.In addition, a marked correlation between psychiatrists and psychologists may be noted regarding abstention in both structural (k = 66) and nosographic (k = 73) diagnoses. In fact, recommendations are made for improvement in the consistency of offender assessment in the psycho-legal French context.     

Prevalence of mental disorders among sexual offenders in forensic psychiatry and prison

The objective of this study was to compare the prevalence of mental disorders among sexual offenders in forensic psychiatry (SF) with the prevalence of such disorders among sexual offenders in prison (SP) and violent offenders in prison (VP). In a cross-sectional study, 40 of 47 SF detained in forensic psychiatry in Baden-Wuerttemberg, Germany, could be included. They were compared with 30 SP and 26 VP. All study participants were interviewed by means of SCID I and SCID II and assessments of functioning (GAF, BSS). There was a high prevalence of mental disorders (DSM-IV: Axis I) in all three groups (SF: 80%, SP: 63%, VP: 73%). Among SP and VP, this was attributed mainly to substance use disorders. The prevalence and comorbidity of personality disorders was significantly higher in the group of the SF (prevalence: SF: 85%, SP: 27%, VP: 39%). In a psychopathological view, SP were all together more similar to the imprisoned non-sexual delinquent VP than to the SF.     

The frequency and classification of the needs of offenders in community settings

Concern for the specific needs of offenders, or concern for “behavioral objectives” in community supervision practices, has increased considerably in the last twenty years. This article examines the development of needs-focused supervision technology in three different ways. An analysis of trends in correctional literature from 1964–1983 is conducted to see whether there have been changes in the types, frequencies, or variety of needs reportedly met by community corrections programs. Second, data on needs from ten separate needs-assessment studies are aggregated to compare need incidence across different setting and different offender populations. Finally, a factor analysis is performed on one set of needs data to determine whether the conceptual dimensions used to classify needs can be empirically validated.     

The role of beliefs and trait aggression in prison bullying among young offenders

This study aimed to explore the characteristics of those involved in bullying, including trait aggression, beliefs, interpretation of potential threat and responses to aggression. Three hundred and thirteen young adult male offenders completed three measures; the Direct and Indirect Prisoner Behaviour Checklist, the Aggression Questionnaire, and the Threat Appraisal of Behaviour measure. Pure bullies and bully-victims were predicted to have higher trait aggression scores, and to be more likely to endorse beliefs supportive of aggression than other groups. Bully-victims were predicted to have higher levels of trait hostility and higher levels of fear than pure bullies. The results demonstrated that both bully groups had higher trait aggression scores, with bully-victims having higher scores on the hostility subscale than pure bullies or those not involved. Bully-victims viewed bullying as more of a threat and were more fearful of it than pure bullies and they were also more likely to endorse both aggressive and avoidant coping responses whereas pure bullies were more likely to endorse aggressive responding. Findings highlight differences between the two bully groups and offers an outline of the underpinning causes of bullying for each group.     

Understanding how sexual offenders compare across psychiatric and correctional settings: examination of Canadian mentally ill sexual offenders

Abstract

Much of what is known about sexual offenders is based on correctional samples and then applied across settings based on the assumption that this group is homogeneous. In this study, 149 files were compared, including 108 cases from the forensic mental health system (FMH) and 41 cases from the correctional system (COR). Although many similarities were observed between the FMH and COR groups, the results also revealed important differences. The FMH group was characterised by more frequent hospitalisations, higher rates of major mental illness and single status. The COR group was characterised by a history of physical and sexual abuse, family history of addictions, more intrusive sexual offences and higher rates of offending. These results highlight different profiles for sexual offenders in forensic mental health and correctional settings and challenge us to consider the implications for assessment, treatment and risk management of this unique group of sexual offenders.     

Increased risk of fatal intoxication and polypharmacy among psychiatric patients at death

Patients suffering from psychiatric disorders have an excess mortality and a shorter life span expectancy compared to the general population. Furthermore, they are treated with multiple drugs and are known to have an increased risk of drug abuse. In this study, we aimed at investigating the pharmaceutical drug and drug of abuse profiles of the deceased included in the Danish prospective autopsy‐based forensic study on psychiatric patients, SURVIVE. Using the postmortem systematic toxicological analysis results, we identified 129 different consumed compounds in our population (n = 443). Polypharmacy (≥5 compounds) was detected in 39.5% of the deceased. Deceased with a psychiatric diagnosis or who died from a fatal intoxication had significantly more compounds at the time of their death compared to having either no psychiatric diagnosis or another cause of death, respectively. Evidence of drug abuse was present, as 29.8% of our total population had consumed either methadone or illicit drugs of abuse, excluding tetrahydrocannabinol. Of those deceased with a psychiatric diagnosis, 33.6% had either consumed methadone or illicit drugs of abuse, a greater number than those without a psychiatric diagnosis. Fatal intoxication was the most frequent cause of death (40.6%) with methadone as the major intoxicant. Here, we found that those without a psychiatric diagnosis had fewer fatal pharmaceutical drug intoxications compared to the psychiatric diagnosis groups. Our findings add further context to understanding the excess mortality of psychiatric patents, since there is an increased occurrence of fatal intoxication, polypharmacy, and drug abuse in this population.     

Evaluation of the ADViSOR project: Cross‐situational behaviour monitoring of high‐risk offenders in prison and the community

Purpose. The release on licence of prisoners who have committed serious violent and/or sexual offences requires rigorous risk assessment and risk management. This study evaluates the ADViSOR project, designed to examine the contribution of prison behaviour monitoring to community supervision of a sample of the highest risk offenders released in England and Wales under Multi‐Agency Public Protection Arrangements (MAPPA). Method. The offence‐related behaviour of a total group (n= 25) of MAPPA prisoners in one prison, due for release in the following year to two adjacent probation trust areas, was monitored. Their behaviours in the community were followed up for 1 year. A comparison group (n= 36) was formed of the total number of MAPPA prisoners released from prisons nationally to the same two probation trusts. Results. The frequencies of ADViSOR negative behaviours in prison and the community were strongly correlated, r_s (25) = .55, p= .004, as were positive behaviours, r_s (25) = .56, p= .004. No statistically significant correlations were found either under usual MAPPA processes in the ADViSOR prison or comparison group prisons. The frequency of ADViSOR negative behaviours statistically significantly predicted, with 92% accuracy, the offenders who would reoffend or be recalled to prison (n= 8). Statistically significant similarities in types of behaviour were also identified. Conclusion. Results are discussed in terms of the contribution of behavioural monitoring to risk prediction with high‐risk offenders, consistency of cross‐situational behaviours, and implications for policy and practice.     

Perceptions of self-legitimacy and audience legitimacy among prison officers in Ghana

Criminological research on legitimacy has focused almost exclusively on citizens’ normative assessment of legal authorities. However, this line of research neglects power-holders’ own assessment of their legitimacy or self-confidence in their moral validity of their claims to power. This paper examines the conditions on which prison officers as power-holders base their legitimacy claims. Data from semi-structured interviews and observation of prison officers in Ghana shows that prison officers in Ghana exude high power-holder legitimacy underpinned by favourable assessment of their “self-” and “perceived audience” legitimacy in the eyes of prisoners. While officers’ self-legitimacy was underpinned in their legal status (e.g., legality) and the uniforms (e.g., state insignia), perceived legitimacy was anchored in officers’ maintenance of authority via self-discipline, good and close officer–prisoner relationships, respect for prisoners as humans, and professional competence or making a difference in the lives of prisoners.     

The impact of an intensive inpatient violent offender treatment programme on intermediary treatment targets,violence risk and aggressive behaviour in a sample of mentally disordered offenders*

This study examined the impact of an intensive inpatient violent offender treatment programme, Life Minus Violence-Enhanced (LMV-E), on intermediary treatment targets, risk for violence, and aggressive behaviour during treatment in a sample of male mentally disordered offenders. Using quasi-experimental design, offenders who completed LMV-E and a comparison group showed reduced problems with impulsivity and anger regulation and improvements in social problem solving. Aggregate risk for future violence lessened in both treatment and comparison groups, although by a significantly greater degree for the comparison group. The aggressive behaviour of both groups reduced. Completion of the LMV-E conferred additional improvements in some facets of social problem solving and anger regulation. Neither group showed improvements in empathic responses, coping skills or problematic interpersonal style. Overall, these results suggest anger regulation, impulsivity and social problem solving are most amenable to change, that reductions in certain facets of these dynamic risk factors transpires with nonspecific psychiatric inpatient treatment, but that the LMV-E, a cognitive behavioural violence specific psychological treatment, confers greater change in some facets of social problem solving and anger regulation.     

Screening for malingering/exaggeration of psychiatric symptomatology in prison inmates using the PICTS Confusion and Infrequency scales

A sample of 76 federal prison inmates with a history or current complaints of significant psychiatric symptomatology at intake were followed for a period of 4-39 months by a psychologist who rated the inmate as malingering (n=12), substantially exaggerating (n=32), minimally exaggerating (n=23), or honestly reporting (n=9) signs and symptoms of schizophrenia, bipolar disorder, major depression, or severe anxiety disorder. The Confusion-revised (Cf-r) and Infrequency (INF) scales of the Psychological Inventory of Criminal Thinking Styles, which had been administered routinely at intake, revealed that only the INF successfully predicted malingering and exaggeration of psychiatric symptomatology even after pre-existing group differences in age, race, and overall criminal thinking were controlled. These results suggest that the INF scale can potentially serve as an effective initial screening measure for malingering/exaggeration in inmates presenting with mental health complaints.     

Psychometric properties of the inventory of callous-unemotional traits short version (ICU-12) among detained female juvenile offenders and community youths*

The presence of callous-unemotional (CU) traits delineates a subgroup of male youth with severe conduct problems and antisocial behavior. To date however, existing research into these features among females is markedly limited. Drawing on 377 female adolescents (103 selected from forensic settings and 274 selected from school settings) from Portugal, the current study is the first to simultaneously examine the psychometric properties of the 12-item shortened version of the Inventory of Callous-Unemotional Traits (ICU-12) in incarcerated and community female youth. Results provide support for the construct validity and reliability of the ICU-12 among this unique sample. Findings from this study also reveal evidence of convergent and discriminant validity with a number of theoretically relevant constructs (e.g. psychopathic features, aggression, and substance use). Clinical implications for using the ICU-12 with females are discussed.     

The impact of forced forensic psychiatric confinement on composition and structure in the personal networks of personality-disordered forensic psychiatric patients

This study explored to what extent the composition and structure of personal networks of personality-disordered forensic psychiatric patients changed before and after forced confinement in a forensic psychiatric centre. Semi-structured in-depth interviews with 36 patients and selected members of their networks were examined. During forensic psychiatric treatment, patients reported a decrease in network size, in the number of high-risk network members, and in the number of social ties between these high-risk network members. Personal relationships were of shorter duration, with lower levels of contact frequency and reciprocity. No changes were observed in the patients’ companionship, practical and emotional support networks. During forensic psychiatric treatment, patients reported some new relationships, especially with persons outside the forensic psychiatric centre. Information on compositional and structural personal network factors over time helps forensic mental health professionals to properly assess and manage the important dynamic social network conditions associated with recidivism.     

The factors associated with criminal recidivism in Finnish male offenders: importance of neurocognitive deficits and substance dependence

Neurocognitive deficits and psychiatric disorders are often brought up as risk factors of recidivism. In this study, we investigated how neurocognitive and academic deficits and psychiatric disorders (including substance dependence) are associated with criminal recidivism and prison career among male offenders. In a health survey of Finnish prisoners, 72 sentenced male prisoners were examined in Turku prison using a neurocognitive test battery and psychiatric assessment including a standardized psychiatric interview (SCID-I, II). The neurocognitive and academic tests were chosen to assess domains of cognitive functioning and reading, spelling and mathematical skills. Our results showed that the combination of neurocognitive deficits and substance dependence was connected to recidivism. Axis I diagnosis (major mental disorders) and substance dependence were connected with neurocognitive and academic deficits. Moreover, first-time offenders had fewer neurocognitive deficits and Axis I disorders, less substance dependence and fewer personality disorders than those with several convictions. Rehabilitation of cognitive functions and academic skills, along with intervention for mental health problems and substance dependence could help to prevent the unfavourable circle of criminal career.     

保存温度与时间对生物样品中氯胺酮稳定性的影响

目的研究不同温度和时间条件保存时生物样品中氯胺酮的稳定性。方法家兔以氯胺酮150mg/kg灌胃,30min后处死,取其血、肝、肾、脑,分别在室温（18～24℃）和冷冻（-20℃）条件下保存,并用气相色谱-质谱法定性分析、气相色谱-氮磷检测器法测定不同时间各样品中氯胺酮含量。结果血、肝、肾、脑冷冻保存至第30天氯胺酮含量均降低（P〈0.05）;室温条件下各样品中氯胺酮含量自第5天起均升高（P〈0.05）。结论生物样品在冷冻条件下保存时氯胺酮稳定性较好,怀疑氯胺酮中毒或死亡的检材应冷冻保存,尽快检测。     

Participative leadership and hierarchical structures in multiple perpetrator rape: replicating and extending a scale of influence among offenders

ABSTRACT

This paper replicates and extends Porter and Alison’s (2001. A partially ordered scale of influence in violent group behavior: An example from gang rape. Small Group Research, 32(4), 475–497) method of leader identification in Multiple Perpetrator Rape (MPR). The study examined 216 MPR offences (totalling 712 different offenders), collected from archival sources (predominantly law reports). Porter and Alison’s original coding scheme was refined and Multidimensional Scaling identified a partially ordered scale of influence based upon the decisions, actions and orders made by the offenders at each chronological offence stage. The updated scale identified leaders in 97% of the sample groups. The hierarchical structures of the groups were also examined through the distribution of influence among co-offenders. While the majority (68%) of cases exhibited a dichotomous leader/follower structure, some “followers” also exhibited influence tactics to varying degrees with the presence of “lieutenants” and linear hierarchies. The findings are discussed in relation to group dynamics as well as the reliability and validity of the influence scale.