Mental Capacity in Patients Involuntarily or Voluntarily Receiving Psychiatric Treatment for an Acute Mental Disorder

Despite the growing amount of data, much information is needed on patients' mental capacity to consent to psychiatric treatment for acute mental disorders. The present study was undertaken to compare differences in capacity to consent to psychiatric treatment in patients treated voluntarily and involuntarily and to investigate the role of psychiatric symptoms, competency, and cognitive functioning in determining voluntariness of hospital admission. Involuntary patients were interviewed with the MacArthur Competence Assessment Tool for Treatment (MacCAT‐T), the 24‐item Brief Psychiatric Rating Scale (BPRS), the Mini Mental State Examination (MMSE) and the Raven's Colored Progressive Matrices, and their data were compared with those for age‐ and sex‐matched voluntary patients. Involuntary patients performed worse in all MacCAT‐T subscales. Capacity to consent to treatment varied widely within each group. Overall, involuntary patients have worse consent‐related mental capacity than those treated voluntarily, despite capacity to consent to treatment showing a significant variability in both groups.     

When Children are the Least Vulnerable to False Memories: A True Report or a Case of Autosuggestion?

In this case report, a legal case revolving around the reliability of statements given by a 6‐year‐old girl is described. She claimed to have witnessed her mother being murdered by her father. Two psychological experts provided diametrically opposed opinions about the reliability of her statements. One expert, a clinician, opined that the girl's statements were based on autosuggestion whereas the other expert, a memory researcher, stated that autosuggestion was unlikely to have played a role. This case and the analysis of the experts' opinions illustrate what may happen when experts in court are unaware of the recent literature on (false) memory. That is, recent studies show that autosuggestion is less likely to occur in young children than in older children and adults. The current case stresses the importance and implications of relying on memory experts in cases concerning the reliability of eyewitness statements.     

Procedural justice in mental health court: an investigation of the relation of perception of procedural justice to non-adherence and termination

Mental health courts (MHCs) operate on the principles of procedural justice (PJ). PJ highlights the importance of process over outcomes in encounters with authority. Subjective perceptions of having voice, being heard by decision-makers, and being treated with respect and concern by figures of authority are influential in assessment of fairness and in cooperation with decisions, regardless of favorability of the outcome. In this paper, we investigate MHC participant perception of PJ in interactions with MHC staff and the association between perceptions and recidivism (i.e. time in jail, new arrests, and probation violations), treatment adherence, and MHC termination. Participants from two MHC programs (n?=?80) took part in this study. Results suggest that perception of PJ during interactions with the entire MHC team is significantly associated with program termination, but not with participant behaviors during MHC. Implications for MHC practitioners and researchers are discussed.     

Psychiatric symptoms and mental health court engagement

People with mental illnesses are overrepresented in the criminal justice system. Many interventions have been implemented to treat the underlying causes of criminal justice involvement and prevent people with mental illnesses from recidivating. Mental health courts (MHC) are one of these programs. This analysis examines the relationship between psychiatric symptoms and MHC engagement. Eighty MHC participants from two Midwestern MHCs were interviewed. Symptom severity was assessed at baseline using the Brief Psychiatric Rating Scale. MHC engagement was estimated by treatment adherence, substance use, days spent in jail, probation violations, and MHC retention during a six-month follow-up period. Using nonparametric statistical tests and logistic regression, results indicate symptoms of depression, anxiety, and guilt are more severe at baseline for those people who are incarcerated during the follow-up period. Symptoms of anxiety are more severe for people who are terminated or went missing during the follow-up period. Further research is needed to determine the directionality and causality of these relationships. MHCs professionals should be aware of the relationship between symptom severity and MHC engagement and attempt to connect participants with treatment and services as early as possible and individualize treatment plans based on current symptoms and need.     

HOW JUDGES THINK ABOUT RACIAL DISPARITIES: SITUATIONAL DECISION‐MAKING IN THE CRIMINAL JUSTICE SYSTEM*

Researchers have theorized how judges’ decision‐making may result in the disproportionate presence of Blacks and Latinos in the criminal justice system. Yet, we have little evidence about how judges make sense of these disparities and what, if anything, they do to address them. By drawing on 59 interviews with state judges in a Northeastern state, we describe, and trace the implications of, judges’ understandings of racial disparities at arraignment, plea hearings, jury selection, and sentencing. Most judges in our sample attribute disparities, in part, to differential treatment by themselves and/or other criminal justice officials, whereas some judges attribute disparities only to the disparate impact of poverty and differences in offending rates. To address disparities, judges report employing two categories of strategies: noninterventionist and interventionist. Noninterventionist strategies concern only a judge's own differential treatment, whereas interventionist strategies concern other actors’ possible differential treatment, as well as the disparate impact of poverty and facially neutral laws. We reveal how the use of noninterventionist strategies by most judges unintentionally reproduces disparities. Through our examination of judges’ understandings of racial disparities throughout the court process, we enhance understandings of American racial inequality and theorize a situational approach to decision‐making in organizational contexts.     

Criminal defendants' satisfaction with lawyers: perceptions of procedural fairness and effort of the lawyer

At present, procedural justice theory has predominantly been used to explain defendants' satisfaction with the police, courts and prisons. It is unclear to what extent this theory is also applicable to lawyers. This study investigates to what extent (1) criminal defendants are satisfied with their lawyers and (2) procedural fairness characteristics and the effort of the lawyer are related to defendants' satisfaction with their lawyers. Data from the Prison Project were used: a large-scale research project among Dutch criminal defendants (N = 1479). Results suggest that generally, Dutch defendants are very satisfied with their lawyers. Variation in defendants' satisfaction with their lawyers can be attributed for a substantial part to procedural fairness characteristics.     

Health characteristics of older police custody detainees in London,UK

The number of older adults involved in the criminal justice system is rising. Little is known about the state of health in older people who are arrested. This study compared characteristics and health care needs of older police custody detainees with their younger counterparts. The health characteristics of 57 police detainees aged over 50 were compared with 543 younger detainees. Older detainees had significantly higher rates of physical illness and risk of alcohol withdrawal. Although there were equivalent rates of mental disorder and drug taking compared with younger detainees, a higher proportion had presentations consistent with cognitive impairment due to possible dementing processes. Over 80% of older detainees were recommended to have a health assessment in police stations based on their presentation. Police detainees over 50 should be considered to have a health assessment as routine procedure. Further investigation should also be conducted into cognitive impairment in this group.     

Book review

This article looks at the vast contributions political philosopher Hal Pepinsky has made to effecting a peaceful, needs‐meeting vision of justice in the academic fields of criminology and criminal justice over the past three decades. The article examines his life's work as reflected in his most recent book, Peacemaking: Reflections of a Radical Criminologist. This work demonstrates that those who push the boundaries of scholarly disciplines, such as he has done, sometimes find themselves in conflict with those most invested in controlling the allocation of the rewards those disciplines mete out. As Professor Pepinsky increasingly became an outsider he took the risk of taking on the burdens of other outsiders whose pain and suffering the vast majority of his academic colleagues turned their eyes from.     

INDEFINITE PUNISHMENT AND THE CRIMINAL RECORD: STIGMA REPORTS AMONG EXPUNGEMENT‐SEEKERS IN ILLINOIS*

Although criminal records in the United States are more publicly accessible than ever before, we lack knowledge about how record‐bearers seek to overcome the negative consequences associated with a visible criminal record as they apply for jobs, housing, and financial aid. Furthermore, although criminal histories record all arrests—and not just those that result in conviction—researchers have yet to compare how those with more extensive versus minor criminal records cope with criminal record stigma. We present interview data from a comparative study of expungement‐seekers (N = 53) who have petitioned the courts to remove their criminal records from public view. One group had extensive criminal records (46 percent); the other group had more minor criminal records (54 percent). Several key findings emerged. First, both groups of participants tried, but failed, to persuade potential employers and landlords to overlook the criminal record. They also faced restricted educational opportunity. Second, participants in both groups expressed distress that criminal justice contact could follow them throughout their lives, subjecting them to ongoing stigma. However, those with extensive versus minor criminal records offered different rationales explaining why the visible criminal record history unfairly burdened them. Implications for reintegration theory and policy are discussed.     

Police Response to Intimate Partner Violence in Canada: Do Victim Characteristics Matter?

This study examines the role of sociodemographic factors and violence characteristics in influencing women's reporting behaviors and types of police intervention received in response to intimate partner violence (IPV) in Canada. A subset of female respondents to Canada's 1999 General Social Survey who experienced physical or sexual IPV by a male perpetrator and who had contact with the police as a result of the violence was used for this analysis (n = 383). Findings suggest significant racial, economic, and social variations in women's motivation for self-reporting violence to the police as well as in the types of law enforcement interventions administered by police in response to reports of IPV. Implications for policy development are examined.     

GABA Receptors,Alcohol Dependence and Criminal Behavior

The aim of this study was to analyze the connection between alcohol dependence and criminal behavior by an integrated genetic–environmental approach. The research, structured as a case–control study, examined 186 alcohol‐dependent males; group 1 (N = 47 convicted subjects) was compared with group 2 (N = 139 no previous criminal records). Genetic results were innovative, highlighting differences in genotype distribution (p = 0.0067) in group 1 for single‐nucleotide polymorphism rs 3780428, located in the intronic region of subunit 2 of the GABA B receptor gene (GABBR2). Some environmental factors (e.g., grade repetition) were associated with criminal behavior; others (e.g., attendance at Alcoholics Anonymous) were inversely related to convictions. The concomitant presence of the genetic and environmental factors found to be associated with the condition of alcohol‐dependent inmate showed a 4‐fold increase in the risk of antisocial behavior. The results need to be replicated on a larger population to develop new preventive and therapeutic proposals.     

Evaluation of Commercial Kits for Dual Extraction of DNA and RNA from Human Body Fluids, ,

STR typing of DNA evidence can identify the donor with a high power of discrimination but cannot identify the tissue origin of a body‐fluid stain. Using RNA to attribute a crime scene stain to a particular tissue may aid in reconstruction efforts. With blood from 10 donors, four DNA and RNA coextraction kits were evaluated by measuring yields and STR and mRNA profiles. T tests indicated some significant differences in kit performance. The Zymo Research ZR‐Duet^? kit performed best based on average DNA (41.4 ng) and mRNA (4.07 ng) yields and was the only kit to provide complete DNA/RNA profiles for all samples. The consistency of this kit was challenged by data from additional blood and saliva donors. Further testing is advised before a superior kit is unequivocally chosen. Stand‐alone DNA or RNA purification generally offers higher yield, but coextraction may still allow successful STR profiling and tissue source identification.     

Implications of Pseudologia Fantastica in Criminal Forensic Evaluations: A Review and Case Report

Pseudologia fantastica, a psychological phenomenon that has been described in the literature for at least a century, is an understudied and poorly understood entity. Sometimes referred to as pathological lying, pseudologia fantastica involves disproportionate fabrication that may be present for many years or a lifetime. In a forensic context, it can significantly complicate the evaluation of capacity to stand trial and, in certain jurisdictions, criminal responsibility. We review the current literature regarding pseudologia fantastica and present a case to highlight the clinical and forensic challenges it may create. We specifically discuss the complications that pseudologia fantastica may have on the assessment of a defendant's rational ability to consult with an attorney, a required element of capacity to stand trial. In addition, we discuss the implications of pseudologia fantastica in the evaluation of criminal responsibility.     

Competence to Waive Interrogation Rights and Adjudicative Competence in Adolescent Defendants: Cognitive Development,Attorney Contact,and Psychological Symptoms

Although there is growing evidence of developmental differences in competency to waive interrogation rights and adjudicative competence, the correlates of adolescents' legal capacities remain unclear. This study examined the relationship of legal capacities to cognitive development, legal learning opportunities, and psychological symptoms. Participants were 152 male and female defendants aged 11–17, who completed Grisso's Instruments for Assessing Understanding and Appreciation of Miranda Rights, the Fitness Interview Test (Revised Edition), the Woodcock-Johnson III Cognitive Assessment Battery, and the Brief Psychiatric Rating Scale for Children. Legal capacities relevant to interrogation and adjudication increased with age. These developmental differences were partially mediated or explained by cognitive development. Of the specific cognitive ilities examined (general intellectual ability, verbal ability, reasoning, long-term retrieval, attention, and executive functioning), verbal ability was a particularly strong predictor of performance on competency measures. Also, defendants obtained lower scores on competency measures if they showed evidence of attention deficits or hyperactivity, had spent limited time with their attorneys, and/or were from low socioeconomic backgrounds.     

Sexual Dimorphism of Maxillary Sinus Dimensions Using Cone‐Beam Computed Tomography

Sex determination of unknown persons plays an important role in forensic medicine. Cone‐beam computed tomography (CBCT) is an excellent imaging modality for accurate measurement of maxillary sinus dimensions. This study aimed to evaluate whether maxillary sinus measurements on CBCT scans can be applied for sex determination. The width, length, and height of maxillary sinuses in CBCT images of 100 patients (50 males and 50 females) were measured. Student's t‐test and discriminant function analysis were used to compare differences in the measured parameters between males and females. The correct predictive accuracy rate of sex determination was 78% in females and 74% in males with overall accuracy of 76%. Based on discriminant analysis, the most pronounced variable in differentiation of sex groups was maxillary sinus height. This study suggests that maxillary sinus measurements can be valuable for sex determination in forensic investigation, especially for cases in which other traditional methods are not applicable.     

Is It Who You Know,or How Many That Counts? Criminal Networks and Cost Avoidance in a Sample of Young Offenders

The aim of the current study is to assess whether criminal networks can help young offenders avoid contacts with the criminal justice system. We examine the association between criminal network and cost avoidance specifically for the crime of cannabis cultivation in a rural region in Quebec, Canada. A self‐report delinquency survey, administered to the region's quasi‐population of high‐school students (N = 1,166), revealed that a total of 175 adolescents had participated in the cannabis cultivation industry (a 15% lifetime prevalence rate). Forty‐seven respondents (27%), including 29 who were arrested, reported having participated in a cultivation site that was detected by the police. Results indicate that “who you know” matters in the cultivation industry, and is an important independent predictor of arrest: very few young growers who were embedded in adult networks were apprehended. Conversely, embeddedness in a youth network emerged as an independent risk factor, especially embeddedness in larger networks.     

Compatibility Between Mental Disorder and Mental Capacity: Analysis of a Particular Case of Group Sexual Homicide

Abstract: On the night of August 19, 2000, at the foot of Castel del Monte, an 8‐year‐old girl was brutally murdered. The perpetrators were identified as five young men who captured their victim and sexually abused her. The policemen found the cadaver by following “Mario,” one of the five, who had been discovered lying on the ground, near the castle. Investigation led to demonstrate that the murder was not premeditated. The only desire of the group was to sexually molest the little girl. Mario showed signs of psychiatric pathology and for that he underwent psychiatric evaluation by judicial authorities. Analysis of this case, combined with a criminological and medical‐legal perspective led to conclusions very much different from the expectations of Mario’s defense attorneys. Mario, a marginal figure and seemingly the least intelligent, played the role of group instigator, both in the initiation of sexually abusing the child, as well as in the elimination of an inconvenient witness. However, the group was able to activate Mario’s sadistic fantasies and his sexual perversions, and he ended up in a catalyzing role influencing the behavior of others and realizing what would otherwise remain only fantasies. The circularity of the group allows people like Mario, who are apparently subordinate, to influence the behavior of others. Mario was found to have a mental disorder but it was not sufficient to diminish his personal responsibility related to the crime. In fact, according to Italian judicial code, it is necessary that the motivation for the crime was psychopathological. It was for this reason that, according to Italian law, all of the members of the group were considered to be responsible for the crimes committed and were condemned.     

Secondary Victimization of Crime Victims by Criminal Proceedings

It is conceivable that criminal proceedings cause psychological harm to the crime victims involved, that is, cause secondary victimization. To investigate this hypothesis, negative and positive effects of criminal proceedings were investigated, as perceived by 137 victims of violent crimes who were involved in trials several years previously. Trial outcome and procedure variables were measured as potential causes of secondary victimization. Results show a high proportion of victims reporting overall negative effects. Powerful predictors were outcome satisfaction and procedural justice, but not subjective punishment severity, interactional justice, and psychological stress by criminal proceedings. The practical implications of the results pertain to whether victims should be advised to report the crime to the police or not, and to appropriate prevention and intervention measures of secondary victimization by criminal proceedings.