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Abduction during custody and access disputes.

https://arctichealth.org/en/permalink/ahliterature223829
Source
Can J Psychiatry. 1992 May;37(4):264-6
Publication Type
Article
Date
May-1992
Author
W A Cole
J M Bradford
Author Affiliation
Family Court Clinic, Royal Ottawa Hospital, Ontario.
Source
Can J Psychiatry. 1992 May;37(4):264-6
Date
May-1992
Language
English
Publication Type
Article
Keywords
Adult
Child
Child Custody - legislation & jurisprudence
Child Reactive Disorders - diagnosis - psychology
Child, Preschool
Crime - legislation & jurisprudence
Divorce - legislation & jurisprudence
Female
Humans
Insanity Defense
Male
Ontario
Retrospective Studies
Abstract
In recent years abductions during divorce custody and access disputes have received greater attention from both the lay and medical press. However, little has been written on the psychopathology of the abductors or the impact on children of being kidnapped by a parent. In this study 20 cases of abduction, involving 20 parents and 37 children, were examined after the children had been located and returned to the custodial parent. Characteristics of the abduction and psychopathology seen in the children are compared to those of a control population. The outcome of assessments conducted by the family court clinic after the abductions are profiled.
PubMed ID
1611588 View in PubMed
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Accountability and psychiatric disorders: how do forensic psychiatric professionals think?

https://arctichealth.org/en/permalink/ahliterature148112
Source
Int J Law Psychiatry. 2009 Nov-Dec;32(6):355-61
Publication Type
Article
Author
Pontus Höglund
Sten Levander
Henrik Anckarsäter
Susanna Radovic
Author Affiliation
Forensic Psychiatry, Institute of Clinical Science, Malmo, Lund University, Sweden. pontus.hoglund@med.lu.se
Source
Int J Law Psychiatry. 2009 Nov-Dec;32(6):355-61
Language
English
Publication Type
Article
Keywords
Adult
Alcoholism - diagnosis - psychology
Attitude of Health Personnel
Character
Commitment of Mentally Ill - legislation & jurisprudence
Comorbidity
Dementia - diagnosis - psychology
Educational Status
Forensic Psychiatry
Humans
Insanity Defense
Life Change Events
Male
Mental Competency - legislation & jurisprudence
Mental Disorders - diagnosis - psychology
Middle Aged
Patient care team
Personality Disorders - diagnosis - psychology
Psychotic Disorders - diagnosis - psychology
Social Responsibility
Social Support
Substance-Related Disorders - diagnosis - psychology
Sweden
Abstract
Swedish penal law does not exculpate on the grounds of diminished accountability; persons judged to suffer from severe mental disorder are sentenced to forensic psychiatric care instead of prison. Re-introduction of accountability as a condition for legal responsibility has been advocated, not least by forensic psychiatric professionals. To investigate how professionals in forensic psychiatry would assess degree of accountability based on psychiatric diagnoses and case vignettes, 30 psychiatrists, 30 psychologists, 45 nurses, and 45 ward attendants from five forensic psychiatric clinics were interviewed. They were asked (i) to judge to which degree (on a dimensional scale from 1 to 5) each of 12 psychiatric diagnoses might affect accountability, (ii) to assess accountability from five case vignettes, and (iii) to list further factors they regarded as relevant for their assessment of accountability. All informants accepted to provide a dimensional assessment of accountability on this basis and consistently found most types of mental disorders to reduce accountability, especially psychotic disorders and dementia. Other factors thought to be relevant were substance abuse, social network, personality traits, social stress, and level of education.
PubMed ID
19811835 View in PubMed
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An evaluation of legal outcome following pretrial forensic assessment.

https://arctichealth.org/en/permalink/ahliterature6875
Source
Can J Psychiatry. 1994 Apr;39(3):161-7
Publication Type
Article
Date
Apr-1994
Author
J. Arboleda-Flórez
H L Holley
J. Williams
A. Crisanti
Author Affiliation
Department of Psychiatry, Calgary General Hospital, Alberta.
Source
Can J Psychiatry. 1994 Apr;39(3):161-7
Date
Apr-1994
Language
English
Publication Type
Article
Keywords
Adolescent
Adult
Aged
Aged, 80 and over
Alberta - epidemiology
Antisocial Personality Disorder - diagnosis - epidemiology - psychology
Cohort Studies
Expert Testimony - legislation & jurisprudence
Humans
Insanity Defense - statistics & numerical data
Male
Mental Disorders - diagnosis - epidemiology - psychology
Middle Aged
Patient Care Team - legislation & jurisprudence
Referral and Consultation - legislation & jurisprudence
Abstract
This paper constitutes the first stage of data analysis in a larger controlled study designed to assess the effect of a forensic psychiatric assessment on legal disposition defined in three ways: 1. the number of days spent in custody prior to trial; 2. the number of sentenced days of incarceration; and 3. the conviction rate. A historical cohort design was used to follow two cohorts of individuals remanded, pretrial, to Southern Alberta Provincial Correctional Centres between 1988 and 1989. The study cohort consisted of all offenders detained who received a forensic psychiatric assessment. The comparison cohort consisted of a random sample of persons detained who did not undergo a forensic assessment. Because of small numbers, individuals below the age of 18 and women were excluded from study. This paper compares socio-legal characteristics of study and comparison subjects in order to better understand forensic psychiatric referral patterns and identify potentially confounding factors that would need to be controlled in subsequent analyses of legal outcomes. No differences were noted with respect to educational level but forensic subjects were found to be slightly older (average of 31 years compared to 29 years). Aboriginal peoples (Native Indian, Inuit and Metis) were three times more common among non-forensic offenders. Forensic patients were more likely to have had a prior forensic assessment but less likely to have a prior criminal detention. In addition, forensic patients were three times more likely to be charged with a crime against a person and counted more offenses in the target episode than comparison subjects.(ABSTRACT TRUNCATED AT 250 WORDS)
PubMed ID
8033022 View in PubMed
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An investigation of competency to participate in legal proceedings in Canada.

https://arctichealth.org/en/permalink/ahliterature207362
Source
Can J Psychiatry. 1997 Oct;42(8):869-75
Publication Type
Article
Date
Oct-1997
Author
K E Whittemore
J R Ogloff
R. Roesch
Author Affiliation
Simon Fraser University, Burnaby, British Columbia.
Source
Can J Psychiatry. 1997 Oct;42(8):869-75
Date
Oct-1997
Language
English
Publication Type
Article
Keywords
Adolescent
Adult
Aged
Antisocial Personality Disorder - classification - diagnosis - psychology
Canada
Humans
Insanity Defense
Male
Mental Competency - legislation & jurisprudence
Mental Disorders - classification - diagnosis - psychology
Mental Status Schedule - statistics & numerical data
Middle Aged
Psychiatric Status Rating Scales - statistics & numerical data
Psychometrics
Abstract
To assess fitness to stand trial, competency to plead guilty, and competency to understand Charter cautions to determine if the level of competency varies across these domains.
The Fitness Interview Test-Revised (FIT-R) and the Test of Charter Comprehension (ToCC) were administered to a group of individuals held on remand for fitness evaluations. Additionally, several questions from the FIT-R that address the ability to make a guilty plea were assessed separately and constituted an individual measure of competency to plead guilty (CoP).
As predicted, the results indicated that the fact that an individual is competent at one juncture in the criminal proceedings does not mean that the individual necessarily is competent at all other stages of the proceedings.
These findings suggest a need for a stage-specific approach to forensic competency assessments, requiring specialized instruments designed to assess the legal issues of competency at the various stages of legal proceedings.
PubMed ID
9356777 View in PubMed
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Assessing the "criminalization" of the mentally ill in Canada.

https://arctichealth.org/en/permalink/ahliterature222998
Source
Can J Psychiatry. 1992 Oct;37(8):532-8
Publication Type
Article
Date
Oct-1992
Author
S. Davis
Author Affiliation
School of Criminology, Simon Fraser University, Burnaby, British Columbia.
Source
Can J Psychiatry. 1992 Oct;37(8):532-8
Date
Oct-1992
Language
English
Publication Type
Article
Keywords
Canada
Criminal Law - legislation & jurisprudence
Cross-Cultural Comparison
Deinstitutionalization - legislation & jurisprudence
Homeless Persons - legislation & jurisprudence - psychology
Humans
Insanity Defense
Mental Disorders - rehabilitation
United States
Abstract
This paper is an overview of the conceptual and methodological problems encountered trying to assess the hypothesis that the mentally ill, as a consequence of deinstitutionalization, are being "criminalized". Generalizations are difficult to make, in large part because most of the studies are American and do not fit well into the Canadian scene. Relevant Canadian findings are reviewed and compared to the US data. There is some evidence that Canadian patients may be diverted from the criminal justice system more often than in the US, where there are fewer resources. However, this conclusion must be tempered by the fact that Canadian surveys have found high rates of mental disorder among prison and jail inmates.
PubMed ID
1423153 View in PubMed
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Assessing the outcome of compulsory treatment orders on management of psychiatric patients at 2 McGill University-associated hospitals.

https://arctichealth.org/en/permalink/ahliterature123619
Source
Can J Psychiatry. 2012 Jun;57(6):359-65
Publication Type
Article
Date
Jun-2012
Author
Arash Nakhost
John Christopher Perry
Daniel Frank
Author Affiliation
McGill University, Institute of Community and Family Psychiatry, Jewish General Hospital, Montreal, Quebec, Canada.
Source
Can J Psychiatry. 2012 Jun;57(6):359-65
Date
Jun-2012
Language
English
Publication Type
Article
Keywords
Adult
Commitment of Mentally Ill - legislation & jurisprudence - statistics & numerical data
Community Mental Health Services - legislation & jurisprudence - statistics & numerical data
Delirium, Dementia, Amnestic, Cognitive Disorders - epidemiology - psychology - therapy
Female
Follow-Up Studies
Hospitals, University
Humans
Insanity Defense
Kaplan-Meier Estimate
Male
Mental Disorders - epidemiology - psychology - therapy
Middle Aged
Patient Readmission - statistics & numerical data
Personality Disorders - epidemiology - psychology - therapy
Prisoners - psychology
Psychiatric Department, Hospital
Psychotic Disorders - epidemiology - psychology - therapy
Quebec
Retrospective Studies
Schizophrenia - epidemiology - therapy
Treatment Outcome
Abstract
Some literature suggests that compulsory community treatment orders (CTOs) are effective in reducing hospitalizations in a subgroup of psychiatric patients with histories of repeated hospitalization, allowing them to be treated in the community under less restrictive measures. However, studies have yielded contradictory findings, in part because of methodological differences. Our study examines the effectiveness of CTOs in reducing hospitalizations and increasing community tenure of such patients.
The sample included all psychiatric patients who had been given a CTO during a 9-year period at 2 of McGill University's hospitals. This is a naturalistic, observational, retrospective, before-and-after study where patients acted as their own control subjects. We examined variables, including the number, duration, and time to psychiatric admissions, comparing 4 time periods: early, pre-index, index (when the first CTO was in force), and post-index periods. The total study duration per subject encompasses the longest period of observation within existing studies in Canada.
Psychiatric patients with histories of frequent readmissions demonstrated a significant reduction in their number of hospitalizations as well as an increase in the median time to re-hospitalization, during the period when they were treated under a CTO. This effect of CTO was sustained even after the CTO had expired.
Our study suggests that CTOs are effective in assisting psychiatric patients with histories of repeated hospitalizations to live and be treated in the community, diminishing the occurrence of frequent hospitalization.
PubMed ID
22682573 View in PubMed
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The assessment of risk management systems for patients on Warrants of the Lieutenant Governor in Ontario psychiatric hospitals.

https://arctichealth.org/en/permalink/ahliterature232019
Source
Health Law Can. 1989;9(3):83-91
Publication Type
Article
Date
1989
Author
W. McKerrow
Source
Health Law Can. 1989;9(3):83-91
Date
1989
Language
English
Publication Type
Article
Keywords
Commitment of Mentally Ill - legislation & jurisprudence
Financial Management - standards
Forensic Psychiatry
Hospitals, Psychiatric - organization & administration
Humans
Insanity Defense
Ontario
Questionnaires
Risk Management - standards
Security Measures
Violence
Abstract
An assessment of risk management systems for patients on Warrants of the Lieutenant Governor in the provincial psychiatric hospitals was conducted. The assessment revealed that, to date, with some exceptions, the system has coped reasonably well. However, with a present count of over 400, and the ever increasing number of patients on warrants, there is a pressing need to improve the overall coordination of the system. The numbers, types and location of beds required to serve the system must be reviewed. Staff needs and training must be addressed. Increased numbers of coordinated research studies and improved information systems are required. System-wide policies and procedures for releasing information to policy, employers and home operators are necessary. As well, there must be a consistent approach in dealing with potential abuse of alcohol and non-prescribed drugs. Systems for authorizing and documenting patient privileges can be improved in some hospitals. A set of guidelines for interpreting terms and conditions of warrants is necessary. Lastly, information for staff treating patients on warrants should be developed and distributed.
PubMed ID
10313024 View in PubMed
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The assessment, treatment and community outcome of insanity acquittees: forensic history and response to treatment.

https://arctichealth.org/en/permalink/ahliterature231759
Source
Int J Law Psychiatry. 1989;12(2-3):149-79
Publication Type
Article
Date
1989
Author
S L Golding
D. Eaves
A M Kowaz
Author Affiliation
Department of Psychology, University of Utah, Salt Lake City 84112.
Source
Int J Law Psychiatry. 1989;12(2-3):149-79
Date
1989
Language
English
Publication Type
Article
Keywords
Adult
Canada
Crime
Criminal Psychology
Female
Forensic Psychiatry
Hospitalization
Humans
Insanity Defense
Length of Stay
Male
Mental Disorders - therapy
Social Adjustment
United States
PubMed ID
2599748 View in PubMed
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Automatisms in non common law countries.

https://arctichealth.org/en/permalink/ahliterature11122
Source
Med Law. 1997;16(2):359-65
Publication Type
Article
Date
1997
Author
J K Falk-Pedersen
Author Affiliation
Norwegian Epilepsy Association, Oslo, Norway.
Source
Med Law. 1997;16(2):359-65
Date
1997
Language
English
Publication Type
Article
Keywords
Automatism - diagnosis
Cross-Cultural Comparison
Epilepsy - diagnosis
Europe
Expert Testimony - legislation & jurisprudence
Humans
Insanity Defense
Mental Competency - legislation & jurisprudence
Abstract
The distinction made in the common law tradition between sane and insane automatisms, and in particular the labelling of epileptic automatisms as insane, are legal concepts which surprise and even astonish lawyers of other traditions, whether they work within a civil law system or one with elements both from civil law and common law. It could be useful to those lawyers, doctors and patients struggling for a change in the common law countries to receive comparative material from other countries. Thus, the way automatisms are dealt with in non-common law countries will be discussed with an emphasis on the Norwegian criminal law system. In Norway no distinction is made between sane and insane automatisms and the plea Not Guilty by virtue of epileptic automatism is both available and valid assuming certain conditions are met. No. 44 of the Penal Code states that acts committed while the perpetrator is unconscious are not punishable. Automatisms are regarded as "relative unconsciousness", and thus included under No. 44. Exceptions may be made if the automatism is a result of self-inflicted intoxication following the consumption of alcohol or (illegal) drugs. Also, the role and relevance of experts as well as the law of some other European countries will be briefly discussed.
PubMed ID
9212627 View in PubMed
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BC Court of Appeal rules on detention of HIV-positive prostitute.

https://arctichealth.org/en/permalink/ahliterature209648
Source
Can HIV AIDS Policy Law Newsl. 1997-1998 Winter;3-4(4-1):44-6
Publication Type
Article
Author
B. Guillot-Hurtubise
Author Affiliation
Superior Court of Montreal, Quebec, Canada.
Source
Can HIV AIDS Policy Law Newsl. 1997-1998 Winter;3-4(4-1):44-6
Language
English
Publication Type
Article
Keywords
Adult
British Columbia
Custodial Care
Female
HIV Seropositivity
Humans
Insanity Defense
Jurisprudence
Prostitution
Substance-Related Disorders
PubMed ID
11365296 View in PubMed
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96 records – page 1 of 10.