Mentally disordered offenders in Sweden.

This article reviews the laws in Sweden concerning mentally disordered offenders. It also contains some figures on the relationship between mentally disordered offenders and other offenders sentenced to prison. The rules in Sweden are very different from other countries in that the responsibility concept has been abolished and thus there is no acquittal on a psychiatric basis.     

Mentally disordered criminal offenders: Legal and criminological perspectives

Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.     

Mentally disordered offenders and the European Court of Human Rights

Mentally disordered offenders find themselves at the intersection of the healthcare system and the criminal justice system in most European countries. Decisions on their care often involve lengthy discussions in relation to care versus control in society. In this article, the focus is on one aspect of this debate — that of human rights. An analysis of cases, taken to the European Court of Human Rights by mentally disordered offenders, demonstrates the difficulties inherent in ensuring appropriate care to individuals and safeguards to the public at the same time. The issues raised include the problems raised by indeterminate sentences, the use of detention for preventive purposes, and debates about treatment.The countries represented in this selection of cases are Belgium, Norway, Poland, the Netherlands, Russia and the United Kingdom.     

Mentally ill offenders in prison: the Belgian case

According to the EUPRIS-study on mental health in prisons (2007), available data on mental disorders in prison are scarce. Therefore, this study aims at summarizing and discussing the available knowledge on incarcerated mentally ill offenders concerning: (1) the screening and assessment for detecting mental health; (2) the psychiatric expertise in order to evaluate the mental status; and (3) the development and provision of forensic psychiatric treatment and care. These findings will be applied to the current situation in Belgium, which is a particularly interesting case. Belgium is currently facing difficulties concerning a large population of interned mentally ill offenders residing in correctional establishments.Implications with regard to the penal code, general or mental health legislation, screening, assessment, and treatment could deliver interesting viewpoints on how this problem could be tackled more effectively. Therefore, the findings will be discussed with reference to the international scientific and policy debate, focusing on ethical implications.     

Homeless mentally disordered offenders and violent crimes

This study examines the prevalence of homelessness in a cross-sectional sample of 150 patients retained in a maximum-security hospital for mentally disordered offenders in New York City. The homeless mentally ill comprise only 2% of the city's mentally ill population, yet they account for 50% of the admissions to this forensic facility from the community. Compared to population base rate estimates, forensic patients are homeless at 25 times the rate found in the rest of the city's mentally disordered population and are 50 times more likely to be homeless than the general population. Further, there is a significant association between homelessness at the time of the instant offense and charges for violent crimes, after controlling for age, sex, race, and diagnosis. These data suggest that homelessness greatly increases the risk that mentally disordered persons will be forensically hospitalized and is closely associated with indictments for violent criminal behavior. Alternative explanations for these findings are discussed, emphasizing risk, vulnerability, and criminalization perspectives.Some of the data reported in this article were presented at the 42nd Annual Meeting of the American Academy of Forensic Sciences, February 24, 1990, in Cincinnati, Ohio. Thanks to Joel Dvoskin, John Monahan, Edward Mulvey, Charles D. H. Parry, Nancy Pruett, Henry Steadman, and three anonymous reviewers for their helpful comments on an earlier draft of this article.     

Copyright protection for AI-generated outputs: The experience from China

Artificial intelligence (AI) is involved more frequently in the creative process nowadays, which raises debates associated with copyright protection for its outputs across the globe, China included. On 25 April 2019, the Beijing Internet Court released the first decision in relation to the copyrightability of the output automatically generated by computer software in China. In this case, the Beijing Internet Court held that copyrightable works should be created by natural persons, and therefore denied copyright protection for the output intelligently generated by computer software although it possessed originality. In another case decided on 24 December 2019, the Nanshan District Court of Shenzhen approved that the output automatically generated by computer software was copyrightable, holding that the review generated by an intelligent writing software conformed to the formal requirements of written works and it could be granted copyright protection.This article analyses these two cases in detail and describes the experience of China in copyright protection for AI-generated outputs. As the first two cases about copyrightability of AI-generated outputs in China, the two cases play a significant role in future copyright protection of such outputs nationally and internationally. The two cases indicate that some of AI-generated outputs are eligible for copyright protection in China. Instead of challenging the existing doctrines of modern copyright regime, the two decisions provide a mechanism for copyright protection of AI-generated outputs within the current human-centered copyright law realm.     

The relationship between schemas and offence supportive attitudes in mentally disordered sexual offenders

Abstract

The study of schemas in sexual offenders is a relatively new approach in attempts to understand the deviant beliefs and attitudes of sexual offenders. Emerging findings suggest that offence supportive attitudes may be the product of an offender's underlying schemas. This study aims to establish the relationship between offence supportive attitudes and schemas in a sample of mentally disordered sexual offenders (MDSOs). Thirty-one male sexual offenders held within low through high security forensic mental health units were assessed using the Young Schema Questionnaire - Short Version 3 and the Questionnaire on Attitudes Consistent with Sex Offending. Correlational analyses suggested a pattern of relationships in which Insufficient Self-control, Entitlement and Enmeshment arose as the schemas associated with most offence supportive attitudes. This supports a relationship between schemas and offence supportive attitudes in MDSOs and is consistent with the literature to date. Implications for further research and treatment are considered.     

White-collar offenders and the jail experience: a comparative analysis

The incarceration experiences of white-collar offenders have received relatively little attention among criminological researchers, and the research that has been conducted has focused on offenders’ experiences in prisons rather than jails. The purpose of this study was to fill this gap by examining approximately 6500 inmates incarcerated in local jails, comparing those classified as white-collar offenders to violent and other non-violent offenders. The differences between offender types based on demographics, psychological adjustment (i.e., mental health issues since arrival to jail), and behavioral adjustment (i.e., institutional misconduct) are examined to see whether white-collar inmates have more difficulty than others adjusting to the jail environment (consistent with the special sensitivity hypothesis). Findings suggest that white-collar jail inmates do not appear to experience symptoms indicative of poor psychological or behavioral adjustment to the jail environment. Implications for policy and future research are discussed.     

Characteristics that predict firesetting in male and female mentally disordered offenders

Few studies have adequately explored the characteristics of male and female mentally disordered firesetters and compared these to those of non-firesetting mentally disordered offenders. Furthermore, there is a paucity of research examining the characteristics which can predict repeat firesetting within this population. The current study aimed to examine similarities and differences in the characteristics of (1) male and female mentally disordered firesetters, (2) male and female mentally disordered firesetters compared to non-firesetting offenders, and (3) one-time and repeat firesetters. Furthermore, the ability of these characteristics to predict offence status (i.e. firesetter or non-firesetter) and repeat firesetting was explored. Information was collected from patient hospital records for 77 (43 firesetters, 34 non-firesetters) mentally disordered offenders; including sociodemographic, family and personal background, psychiatric, and offence history factors. The findings suggest that mentally disordered firesetters are similar to their non-firesetting counterparts on key characteristics; however, firesetters are more likely to have an expressed interest in fire/explosives and a diagnosis of a schizophrenic disorder and female firesetters are more likely to have a higher number of firesetting incidents than males. Furthermore, findings suggest that fire interest is the largest predictor of repeat firesetting. Clinical implications in terms of treatment and risk assessment are discussed.     

Personality traits,personality disorders and sensational interests in mentally disordered offenders

Purpose. Sensational interests (e.g. an interest in the occult or the methods of violence) in mentally disordered offenders are claimed to signify greater risk of psychopathology, but evidence to support this view is slight. Methods. The relationships between self‐reported DSM‐IV personality disorder (PD), general personality traits and sensational interests were examined in 155 of 167 consecutively referred offenders to a forensic psychology service. The subscales of the PD and personality trait measures were reduced to the four basic PD/trait dimensions (asocial, antisocial, anxious and anankastic) using confirmatory factor analysis. Results. Those high on the ‘antisocial’ factor (which was primarily defined by low Agreeableness, low Conscientiousness, and substantial elements of Paranoid, Antisocial and Borderline PD) were more interested in ‘violent‐occult’ and militaristic topics. Conclusions. The aspects of the antisocial factor primarily associated with an interest in sensational and potentially violent topics cover a wide range of putative disorders. However, the factors reflecting asocial, anxious or anankastic disorders do not show a reliable association with measures of sensational interests. These results suggest that the personality dimensions reflecting an interest in ‘sensational’ topics in mentally disordered offenders are relatively specific.