What constitutes a psychiatric emergency: clinical and legal dimensions

In true medical emergencies, informed consent is presumed or implied without application of the usual standard. In the litigation over the right to refuse treatment in psychiatry, a limited right for involuntarily committed patients to refuse treatment has been upheld, absent a finding of a psychiatric emergency. Increasingly, clinicians may find that their sole extrajudicial option in instituting treatment over the patient's objection is in invoking a psychiatric emergency. The purpose of this communication is to discuss the clinical and legal issues in defining and invoking a psychiatric emergency in treatment refusal. The substantive and procedural issues in the use of the emergency exception in treatment refusal are discussed with recommendations for their use in clinical practice.     

Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions

This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need.     

测谎原理、冲突与法律思考

测谎是科学技术发展的产物,测谎证据也是自然科学与法律科学交叉共生的结果。通过鉴定结论,可以利用科学技术,给案件的侦破、公诉以及审判带来一些国家层面上的便利,但是,测谎证据同时也会引起国家利益与个人权利、科学与否的冲突。这里,问题的关键是如何给测谎证据以正确的定位。     

Hospice utilization: political, cultural, and legal issues

The provision of end-of-life care is considered a substantive part of nursing, and hospice is often considered the "gold standard" of optimal end-of-life care. Unfortunately, however, only an estimated 43% of patients eligible for hospice actually receive hospice services (Harrison, Ford, & Wilson, 2005). The purpose of this article is to describe the political cultural, and legal issues associated with the underutilization of hospice care. Specifically, this article will outline the policy issues for accessing hospice under Medicare and Medicaid, the cultural and social issues in hospice utilization, and the legal implications of these issues. In addition, this article will serve to offer initial solutions to the problems at hand in order to guide nurses in promoting effective, efficient, and realized access to hospice services.     

Scientific analysis and historical aspects as tools in the legal investigation of paintings: A case study in Brazil

The faker makes use of several strategies to give credibility to his work, as for example by copying artist's style or by using artificial aging techniques. The characterization of artistic materials, such as pigments, binding media and supports through chemical and/or physico-chemical analysis, coupled with art historical information is essential to establish the non-authenticity of works of art. This paper presents a contribution in a legal case regarding paintings attributed to important Brazilian and European artists such as Candido Portinari, Juan Gris, Camille Pissarro, and Umberto Boccioni, among others. In the investigation, modern synthetic painting materials were identified in all the ground layers of the suspected paintings. The use of diverse instrumental analytical techniques such as Fourier transform infrared spectroscopy, polarized light microscopy and pyrolysis-gas chromatography/mass spectrometry enabled this characterization. The results demonstrated the presence of titanium dioxide, calcium carbonate and kaolin as inorganic components of the paints, and polyvinyl acetate copolymerized with vinyl versatates or diisobutylphtalate as binding media in the ground layers of the paintings. The results obtained, along with art historical information and art technological studies, were very important in the judicial process, due to the possibility to use titanium dioxide and polyvinyl acetate copolymerized with vinyl versatates as chronological markers.     

中国汽车，穿越60年的梦想

在所有代表中国经济与社会生活的现代符号中，还没有一个产业像汽车这样——能唤起全体国人的热情和忧伤，承载一个民族的梦想，并且伴随着共和国工业凌乱而坚定的脚步整整走过60年。     

Inside Interrogation: The Lie,The Bluff,and False Confessions

Using a less deceptive variant of the false evidence ploy, interrogators often use the bluff tactic, whereby they pretend to have evidence to be tested without further claiming that it necessarily implicates the suspect. Three experiments were conducted to assess the impact of the bluff on confession rates. Using the Kassin and Kiechel (Psychol Sci 7:125–128, 1996) computer crash paradigm, Experiment 1 indicated that bluffing increases false confessions comparable to the effect produced by the presentation of false evidence. Experiment 2 replicated the bluff effect and provided self-reports indicating that innocent participants saw the bluff as a promise of future exoneration which, paradoxically, made it easier to confess. Using a variant of the Russano et al. (Psychol Sci 16:481–486, 2005) cheating paradigm, Experiment 3 replicated the bluff effect on innocent suspects once again, though a ceiling effect was obtained in the guilty condition. Results suggest that the phenomenology of innocence can lead innocents to confess even in response to relatively benign interrogation tactics.     

Psychopathy and instrumental aggression: Evolutionary, neurobiological, and legal perspectives

In the study of aggression, psychopathy represents a disorder that is of particular interest because it often involves aggression which is premeditated, emotionless, and instrumental in nature; this is especially true for more serious types of offenses. Such instrumental aggression is aimed at achieving a goal (e.g., to obtain resources such as money, or to gain status). Unlike the primarily reactive aggression observed in other disorders, psychopaths appear to engage in aggressive acts for the purpose of benefiting themselves. This is especially interesting in light of arguments that psychopathy may represent an alternative life-history strategy that is evolutionarily adaptive; behaviors such as aggression, risk-taking, manipulation, and promiscuous sexual behavior observed in psychopathy may be means by which psychopaths gain advantage over others. Recent neurobiological research supports the idea that abnormalities in brain regions key to emotion and morality may allow psychopaths to pursue such a strategy—psychopaths may not experience the social emotions such as empathy, guilt, and remorse that typically discourage instrumentally aggressive acts, and may even experience pleasure when committing these acts. Findings from brain imaging studies of psychopaths may have important implications for the law.     

Criminality and moral dysfunctions: neurological,biochemical, and genetic dimensions

In this article, the author attempts to demonstrate a relationship between neurobiological dysfunctions and/or genetically determined deviant behavior and personality traits as well as moral abnormalities. Data from neuroscience show that a number of neurological dysfunctions are linked to cognitive and emotional disturbances. Cognitive and emotional abnormalities, in turn, are frequently related to moral dysfunctions. Moreover, neurological disorders can produce dramatic psychological and social problems, personality changes, and behavioral problems in patients. Those mental, emotional, and psychosocial problems and related moral dysfunctions are frequently linked to violence and/or criminal behavior. Genetic research found evidence of inheritability of antisocial traits, which interfere with moral development and activities. This information has consequences for any assessment and disposition within the legal system. More research on the interrelationship between neuro(bio)logical, genetic, emotional, and mental aspects of moral dysfunctions is needed for the development of adequate treatment, prevention, and intervention programs.