Misalignment of rights, negative perception and moral intuition: The trust issue in China's forensic psychiatric evaluation

2021 ◽  
Vol 31 (6) ◽  
pp. 363-367
Author(s):  
Lei Zhao ◽  
Yue Wang
Keyword(s):  
Moral Intuition ◽  
Psychiatric Evaluation ◽  
Negative Perception ◽  
Forensic Psychiatric

Some legal issues of medical privacy in psychiatric practice

2021 ◽  
pp. 111
Author(s):  
Svetlana V. Polubinskaya
Keyword(s):  
Mental Health ◽  
Russian Federation ◽  
Medical Information ◽  
Digital Health ◽  
Psychiatric Evaluation ◽  
Constitutional Court ◽  
Negative Consequences ◽  
The Russian Federation ◽  
Forensic Psychiatric ◽  
Medical Privacy

The article discusses a number of issues associated with medical privacy in psychiatry, including forensic psychiatric evaluation. Current Law of the Russian Federation “On Psychiatric Care and Guarantees of Citizens’ Rights in Its Provision” requires taking into account the mental state of a person with a mental disorder when informing him about his mental health condition. However this rule misses new realities of digital health and is not included into the legislation on protection of citizens’ health. It is hardly possible to realize in practice and it needs an additional and established by law mechanism of access to medical records, considering specific properties of psychiatric patients. Problems also arise with a mentally disordered person's access to his forensic psychiatric medical record. On the one hand, the report of forensic psychiatric evaluation is an evidence in the court case, and the procedure for its disclosure is regulated by procedural legislation and legislation on state forensic expert activities. On the other hand, the Constitutional Court of the Russian Federation considers such a report as a medical document, for which the rules of legislation on protection of citizens’ health apply. In this paper the authors propose the solution to this dilemma that requires corrections in the position of the Constitutional Court of the Russian Federation. The authors analyze the history of legislation on medical privacy and draw attention to obvious long-term trend that shows in continuing expansion of the range of persons who have right to access such information without consent of the citizen concerned. The authors conclude that medical privacy is gradually losing the nature of the right guaranteed by federal law. Especially worrying are the attempts of a number of state bodies and officials to obtain information about mental health of unspecified groups of people. Too many third parties already have access to medical information for various reasons, and the number is growing with introduction of digital health information systems. The authors come to conclusion that such a development can lead to serious negative consequences for the legally guaranteed rights of citizens and stress the importance of special attention to protection of medical information, including measures against unlawful access and possible leaks.

Interrater Reliability of Psychopathy Checklist–Revised: Results on Multiple Analysis Levels for a Sample of Patients Undergoing Forensic Psychiatric Evaluation

2018 ◽  
Vol 45 (2) ◽  
pp. 234-263 ◽  
Author(s):  
Anna M. Dåderman ◽  
Åke Hellström
Keyword(s):  
Intraclass Correlation ◽  
Correlation Coefficients ◽  
Field Studies ◽  
Psychiatric Evaluation ◽  
Training Experience ◽  
Psychopathy Checklist ◽  
Personal Liberty ◽  
Psychiatric Setting ◽  
Psychopathy Checklist Revised ◽  
Forensic Psychiatric

Scores from the Psychopathy Checklist–Revised (PCL-R) are used to support decisions regarding personal liberty. In our study, performed in an applied forensic psychiatric setting, intraclass correlation coefficients (ICC) for absolute agreement, single rater (ICCA1) were .89 for the total score, .82 for Factor 1, .88 for Factor 2, and .78 to .86 for the four facets. These results stand in contrast to lower reliabilities found in a majority of field studies. Disagreement among raters made a low contribution (0%-5%) to variability of scores on the total score, factor, and facet level. For individual items, ICCA1 varied from .38 to .94, with >.80 for seven of the 20 items. Items 17 (“Many short-term marital relationships”) and 19 (“Revocation of conditional release”) showed very low reliabilities (.38 and .43, respectively). The importance of knowledge about factors that can affect scoring of forensic instruments (e.g., education, training, experience, motivation, raters’ personality, and quality of file data) is emphasized.

Evaluation of Elderly Persons in the Criminal Justice System

2017 ◽  
Author(s):  
Richard L. Frierson ◽  
Shilpa Srinivasan
Keyword(s):  
Justice System ◽  
Criminal Responsibility ◽  
Evaluation Process ◽  
The Elderly ◽  
Psychiatric Evaluation ◽  
Elderly Persons ◽  
Ability To Work ◽  
System P ◽  
Forensic Psychiatric ◽  
Rule Out

The assessment of the elderly defendant presents a specific set of challenges in the forensic psychiatric evaluation process. In this special population, a neurocognitive disorder or the presence of cognitive, psychiatric, and behavioral symptoms can impair a defendant’s understanding of the legal system or their ability to work effectively with an attorney in the preparation of a defense. Therefore, assessments of capacity to stand trial may require special attention to the mental health conditions and symptoms more commonly seen in elderly persons, and the evaluation process may require modification to accurately assess this population and to rule out malingering. Unique challenges are also encountered in the evaluation of elderly defendants for criminal responsibility and in presentencing evaluations. This chapter provides an overview of these challenges and strategies to promote accurate evaluation of the elderly defendant.

scholarly journals THE MODEL OF FORENSIC PSYCHIATRIC EVALUATION OF ABILITY TO REALIZE THE SIGNIFICANCE OF THEIR ACTIONS AND GOVERNE THEM BY PERSONS WHO HAVE COMMITED SEXUAL OFFENSES

2019 ◽  
pp. 844-850
Author(s):  
O. Kozeratska
Keyword(s):  
Assessment Model ◽  
Psychiatric Evaluation ◽  
City Center ◽  
Sexual Crimes ◽  
Psychiatric Examination ◽  
Sexual Offenses ◽  
Criminal Offenses ◽  
The Subject ◽  
Forensic Psychiatric ◽  
Forensic Psychiatric Assessment

The article gives the results of scientific research conducted within the framework of the doctoral thesis “Forensic psychiatric evaluation of persons who have committed sexual criminal offenses”. For the purposes of the study the author analyzed 287 cases of forensic psychiatric examinations regarding the subject, who committed the sexual offense and were at the forensic psychiatric examination in Kiev city center forensic psychiatric examination in 2000 to 2015 (16 years old). The study revealed the criteria of «limited responsibility» for the perpetrators of sexual crimes, offered a forensic psychiatric assessment model for ability to understand their actions and to govern them in individuals who have committed sexual offenses. Key words: forensic psychiatric examination, responsibility – limited responsibility – irresponsibility, sexual offenses.

scholarly journals GENDER-SPECIFIC ASPECTS OF FEMALE FORENSIC PSYCHIATRIC EVALUATION

2014 ◽  
Vol Ano 4 ◽  
pp. 14-17
Author(s):  
HEWDY LOBO RIBEIRO ◽  
JOEL RENNO JR. ◽  
RENATA DEMARQUE ◽  
JULIANA PIRES CAVALSAN ◽  
RENAN ROCHA ◽  
...  
Keyword(s):  
Psychiatric Evaluation ◽  
Forensic Psychiatric ◽  
Gender Specific

A psiquiatria forense é a especialidade médica que realiza o diálogo entre a psiquiatria e o direito. Quanto aos aspectos relacionados ao gênero, alguns temas têm recebido destaque na literatura acadêmica da psiquiatria forense: a Lei Maria da Penha, principalmente para a avaliação dos danos psíquicos decorrentes da violência psicológica; o infanticídio, caracterizado pelo estado puerperal da mãe; o filicídio, que pode ou não ser decorrente de transtorno mental materno; e os transtornos mentais perinatais, em especial a disforia pós- -parto, a depressão maior perinatal e o transtorno psicótico perinatal. Profissionais devem estar atentos ao nexo de causalidade entre transtorno mental e o ato ou omissão da mulher e sua capacidade de entendimento e determinação diante do evento.

scholarly journals The psycho-social and clinical profile of women referred for psycho-legal evaluation to forensic mental health units in South Africa

2019 ◽  
Vol 25 ◽  
Author(s):  
Mohammed Nagdee ◽  
Lillian Artz ◽  
Carmen Corral-Bulnes ◽  
Aisling Heath ◽  
Ugasvaree Subramaney ◽  
...  
Keyword(s):  
Mental Health ◽  
South Africa ◽  
Women Offenders ◽  
Life Histories ◽  
Health Assessment ◽  
Social Contexts ◽  
Psychiatric Evaluation ◽  
Future Research ◽  
Forensic Mental Health ◽  
Forensic Psychiatric

Background: There is a paucity of research on women offenders in the South African context, particularly those referred for forensic psychiatric observation. Little is known about their life histories, the nature of their offences or the psycho-social contexts that enable, or are antecedents to, women’s criminal offending.Aims: This research study, the largest of its kind in South Africa, examined the psycho-social contexts within which women offenders referred for psychiatric evaluation come to commit offences. The profiles of both offenders and victims, as well as reasons for referral and forensic mental health outcomes, were investigated.Methods: A retrospective record review of 573 cases, spanning a 12-year review period, from six different forensic psychiatric units in South Africa, was conducted.Results: The findings describe a population of women offenders who come from backgrounds of socio-demographic and socio-economic adversity, with relatively high pre-offence incidences of being victims of abuse themselves, with significant levels of mental ill-health and alcohol abuse permeating their life histories. The majority of index offences which led to court-ordered forensic evaluations were for violent offences against the person, with murder being the single most common index offence in the sample. Most victims of violence were known to the accused. There were also relatively high rates of psychotic and mood-spectrum disorders present, with relatively low rates of personality disorders. The majority of women were deemed to be trial competent and criminally responsible in relation to their index offences.Conclusion: It is recommended that more standardised and gender-sensitive forensic mental health assessment approaches, documentation and reporting be employed throughout the country. Future research should compare male and female offending patterns and forensic mental health profiles.

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