The prevalence of intellectual disabilities among 12,000 prisoners - a systematic review

There are 9 million prisoners worldwide, but it is uncertain what proportion have intellectual disabilities. Such prisoners have been identified as a vulnerable group at risk of victimization and mental illness. Psychiatric surveys based on interviews of unselected prison populations were sought, involving diagnoses of intellectual disabilities. The search was performed by computer-assisted searches, scanning of relevant reference lists, hand-searching of journals, and correspondence with authors of relevant reports. Prevalence rates of intellectual disabilities by gender and other potentially relevant study characteristics were abstracted from publications, supplemented by information from authors of reports. Ten relevant surveys from four different countries were identified that included a total of 11,969 prisoners (mean age: 29 years; 92% male; 23% violent offenders). No formal calculation of a summary estimate of prevalence was undertaken due to substantial heterogeneity. The results suggest that typically 0.5-1.5% of prisoners were diagnosed with intellectual disabilities (range 0% to 2.8% across studies). We conclude that the number of prisoners with intellectual disabilities is considerable and discuss implications for policy and practice.     

Psychological models of mental disorder, human rights, and compulsory mental health care in the community

Recent amendments to the 1983 Mental Health Act in the UK (Mental Health Act 2007) include the controversial provision for: “supervised treatment in the community for suitable patients following an initial period of detention and treatment in hospital”. This provision is widespread, and more formal, in other English-speaking jurisdictions. Reviews of the international literature, human rights considerations and the perspective of psychological approaches to mental health care suggest that proposed ‘supervised community treatment orders’ are valuable, lawful, and compatible with the European Convention on Human Rights if certain specific conditions are met. Provisions for ‘supervised community treatment orders’ in the UK should be supported, but with the provisos that: the powers of the Mental Health Act are limited as in Scotland, to persons whose “ability to make decisions about the provision of [care] is significantly impaired”, that each order is time-limited and subject to review by a properly constituted Tribunal, and that the use of such orders should represent a benefit to people in terms of more appropriate treatment, or be a least restrictive alternative, or better preserve the person's private and family life.     

“第三人休克损害”法律问题研究

"第三人休克损害"及其救济是民事侵权行为法上争议颇多的一个领域,理论界和实务界对此均未达成一致."第三人休克损害"有其特定的性质与构成要件,其民事责任的承担方式主要以金钱赔偿为主.     

试论我国精神损害赔偿制度的发展与完善－－兼析在我国刑事和行政领域建立精神损害赔偿制度

精神损害是一种无形的损害 ;精神损害赔偿制度近年来在国际上发展迅速 ,在我国 ,它是一项民事法律制度 ;由于对它的“民事法律制度”的定性 ,致使其在我国的发展仅局限于民事领域。本文在介绍损害赔偿制度的国内外发展的基础上 ,郑重论证了在刑事和行政领域建立该制度的现实性、可能性和必要性     

Patterns of Practice in Mental Health Courts: A National Survey

Mental health courts (MHCs) represent an important new development at the interface of the criminal justice and mental health systems. MHCs are criminal courts for persons with mental illness that were in part created to divert this population from jail/prison into community treatment. MHCs are proliferating rapidly despite limited knowledge regarding their characteristics or their efficacy. We surveyed the entire population of adult MHCs in the United States, n = 90. In the past 8 years, MHCs have been created in 34 states, with an aggregate current caseload of 7,560 clients in MHCs nationally. Most courts (92%) reported using jail as a sanction for noncompliance, if only rarely. Further, jail sanction use was significantly predicted by increased judicial supervision and number of felons in the court. Implications for MHCs and social monitoring are discussed.     

Dilemmas for clinicians in use of Community Treatment Orders

Clinicians who treat patients using Community Treatment Orders (CTOs) face many potential dilemmas in their relations with involuntary outpatients and the exercise of their powers. We compare the dilemmas identified in the literature with those reported by responsible clinicians in New Zealand (NZ). These clinicians experienced a number of well-known dilemmas, such as determining the right moment for a person's discharge from a CTO, but they seemed less troubled by some other difficulties than might be expected, usually because they considered involuntary outpatient treatment the best option for the patient or the best way to manage the risks involved. Further dilemmas were identified by the NZ clinicians that have not been widely discussed, concerning the proper scope of clinical authority over patients under CTOs and the decision to revoke involuntary outpatient status. In conclusion, some suggestions are made as to how clinicians might best manage the dilemmas involved.     

Predicting the Onset of Sexual and Drug Risk Behaviors in HIV-Negative Youths with HIV-Positive Mothers: The Role of Contextual,Self-Regulation,and Social-Interaction Factors

HIV-negative, inner-city adolescents with HIV-infected parents are considered to be at high risk for acquiring HIV themselves. Using a modified theory of health behavior, this study examined the effects of maternal HIV infection and psychosocial variables on the onset of sexual and drug risk behavior in 144 HIV-negative adolescents with and without HIV-positive mothers. Adolescents and their mothers were interviewed when the youths were 10–14 years old and again when they were 13–19 years old. By follow-up, 42% of youths reported the onset of vaginal sex (vs 5% at baseline). Marijuana and alcohol use increased from 6 and 38%, respectively, at baseline to 25 and 60% at follow-up. Among those reporting risk behaviors, 40--50% reported onset prior to 14 years. Youth and family psychosocial variables, but not maternal HIV status, were associated with risk behaviour outcomes. Claude A. Mellins research interests include mental health, psychosocial, and public effects of maternal and pediatric HIV; interventions for HIV-affected families; and adherence. Curtis Dolezal research interests include HIV-related sexual behavior in a variety of populations with a particular emphasis on methodology/measurement issues. Elizabeth Brackis-Cott research interests include impact of HIV/AIDS on the lives of children and families directly affected by the disease. Ouzama Nicholson research interests include international public health and pediatric HIV infection and operational issues in developing effective prevention of mother-to-child transmission of HIV infection and pediatric HIV care programs. Patricia Warne research interests include program development, structural interventions for HIV, and policy. Heino F. L. Meyer-Bahlburg research interests include psychosexual assessment, the development and determinants of sexual risk behavior, and the effects of HIV disease on sexual functioning.     

The ‘Hybrid Order’: origins and usage

The hospital direction (Hybrid Order) was inserted into the Mental Health Act (MHA) in 1997 (Crime (Sentences) Act, 1997). It enables higher courts to direct hospital admission for offenders, whilst still imposing a prison sentence. The origins of the ‘Hybrid Order’ and its patterns of usage are examined. Comparisons are made with its Scottish equivalent, Section 59A of the Criminal Procedure (Scotland) Act 1995. Both the ‘Hybrid Order’ and Section 59A have been used infrequently. This may reflect the fact that they were strongly resisted on ethical grounds at their point of inception and that they force the psychiatrist into the position of ‘punisher’, rather than ‘treater’. Since the 2007 Amendment of the MHA in England and Wales which expanded the remit of the ‘Hybrid Order’ to include all legal categories of mental disorder, not solely psychopathy, its use has unsurprisingly increased – this article delineates the considerations that need to be given in its recommendation.     

Play by the Rules: why States Should Adopt Uniform Court Rules for Forensic Psychologists in Child Custody Evaluations

It is not uncommon for children to fall victim to the stress and tension of a contentious custody dispute. If a party seeks a mental health evaluation and the opposing party challenges the results, the child then endures a series of evaluations until a valid report is produced. The court will often remedy this situation by appointing a neutral forensic psychologist to perform the evaluation independent from a previous party‐hired forensic psychologist. 1 This Note proposes that the court instead appoint the forensic psychologist first to conduct an evaluation and draft a report. Only at the judge's discretion may the parties hire a private forensic psychologist to challenge the report. Additionally, states should codify court rules that enumerate standards for forensic psychologists in child custody evaluations. These rules should set forth criteria that shall be required and highlighted throughout each mental health evaluator's report, allowing judges to compare and contrast each evaluation more effectively. This legislation will not only reduce the child's exposure to excessive testing, but will also provide a more efficient way of arriving at a just result.     

Working in High School and Adaptation in the Transition to Young Adulthood among African American Youth

Researchers have found mixed support for documenting whether work is protective or harmful during adolescence. This study examined the association between work and problem behaviors among African American youth (N = 592; 53% female; M = 14.8 years, SD = .60) followed from mid-adolescence to young adulthood over eight Waves (90% response rate over the first four Waves and a 68% response rate across all eight Waves). We explored three competing operationalizations of work: work history (never worked, worked), work intensity (no work, 20 h or less, and 21 h or over), and work trajectories (never worked, episodic work, stopped working, late starter, and consistent worker). Non-working youth reported higher marijuana use during young adulthood than their working counterparts. Nonworkers reported lower self-acceptance during young adulthood than those working greater number of hours per week. Differences in work trajectories for cigarette use, depression, and anxiety during adolescence imply that when and for how long youth work are also important factors to explore. Our findings lend tentative support to the work benefits perspective and suggest that the association between work and problem behaviors may depend on the work measure used. We discuss the implications of employing different work measures in adolescent research.