Juror decision making in not criminally responsible on account of mental disorder trials: Effects of defendant gender and mental illness type

2016 ◽  
Vol 49 ◽  
pp. 47-54 ◽  
Author(s):  
Annik Mossière ◽  
Evelyn M. Maeder
2017 ◽  
Vol 62 (10) ◽  
pp. 697-701 ◽  
Author(s):  
Rob Whitley ◽  
JiaWei Wang ◽  
Victoria Carmichael ◽  
Ruth Wellen

Objective: The not criminally responsible on account of mental disorder (NCRMD) designation remains widely misunderstood by the public. Such misunderstandings may also be reflected in the media. As such, the aim of this study is to conduct a preliminary examination of the tone and content of recent Canadian newspaper articles where NCRMD is a major theme, comparing these to generic articles about mental illness. Methods: Articles about mental illness were gathered from major Canadian newspapers. These were then divided into two categories: 1) articles where NCRMD was a major theme and 2) articles where NCRMD was not a major theme. Articles were then coded for the presence or absence of 1) a negative tone, 2) stigmatising tone/content, 3) recovery/rehabilitation as a theme, and 4) shortage of resources/poor quality of care as a theme. Results: The retrieval strategy resulted in 940 articles. Fourteen percent ( n = 131) of all articles had NCRMD as a major theme. In comparison to generic articles about mental illness, articles with NCRMD as a major theme were significantly more likely to have a negative tone ( P < 0.001) and stigmatising tone/content ( P < 0.001) and significantly less likely to have recovery/rehabilitation ( P < 0.001) or shortage of resources/poor quality of care as a theme ( P < 0.001). Conclusions: Articles with NCRMD as a theme were overwhelmingly negative and almost never focused on recovery or rehabilitation, in stark comparison to generic articles about mental illness.


Author(s):  
George Szmukler

The implications of a Fusion Law for the management and treatment of people with impairments or disturbances in the functioning of mind who have committed offences is examined in this chapter. Concerns about public protection under a Fusion Law have been raised, particularly in relation to serious offences. Fusion Law principles can be applied with fair procedures regarding sentencing and hospitalization for those with a mental illness. The public can be protected on the same basis as for those without a mental illness. Options for extended sentences exist in many countries, equally applicable to all persons. ‘Unfitness to plead’ and ‘not guilty by reason of insanity’ present, under current systems, a problem when a person now has treatment decision-making capacity but is deemed a risk. The implications of the Fusion Law for the treatment of ‘psychopathy’ and the addictions are examined. The United Nations Convention on the Rights of Persons with Disabilities poses dilemmas for which solutions are uncertain.


2020 ◽  
Author(s):  
Alfredo Calcedo-Barba ◽  
Ana Fructuoso ◽  
José Martinez Raga ◽  
Silvia Paz ◽  
Manuel Sanchez de Carmona ◽  
...  

Abstract Background Determining the mental capacity of psychiatric patients for making decisions regarding treatment acceptance or refusal is crucial in clinical practice. This meta-review of review articles comprehensively examines the current evidence on the capacity of patients with a mental illness to make well-founded medical care decisions. Methods Systematic review of literature review articles following PRISMA recommendations. PubMed, Scopus and CINAHL were electronically searched up to 30 September 2019. Free text searches and medical subject headings in English were combined. Publications were selected as per inclusion and exclusion criteria. The AMSTAR 2 tool was used to assess the quality of reviews. Results Thirteen publications were reviewed. In one review, up to 67% of patients in a mixed psychiatric population had capacity to decide about admissions; 71% (median) had capacity for making decisions about treatments. In another, community-dwelling or clinically stable psychiatric outpatients were close to non-psychiatric subjects in decision capacity performance. In a third review, people with psychosis had moderately impaired risk-reward decision-making ability compared with healthy individuals (g =-0.57, 95% CI: -0.66 to -0.48; I 2 45%), and were more likely to value rewards over losses (k = 6, N = 516, g = 0.38, 95% CI 0.05 to 0.70, I 2 64%) and to base decisions on recent rather than past outcomes (k = 6, N =516, g = 0.30, 95% CI: -0.04 to 0.65, I 2 68%). In a fourth review, future care (crisis) planning led to a 40% reduction in the use of compulsory inpatient treatment over 15 to 18 months. In other reviews, patients with mental illness were able to provide valid preference measures and gave sufficiently consistent answers regarding their preferred treatments. Decision-making responded favourably to interventions. The publications complied satisfactorily with the AMSTAR 2 critical domains. Conclusions Whilst impairments in decision-making capacity may exist, most patients with a severe mental disorder are able to make rational decisions about their care. Best practice strategies should help mentally ill patients grow into voluntary and safe users of medications, enabling them to keep a sense of control over their lives and enhancing their health-related quality of life.


2013 ◽  
Author(s):  
Blake McKimmie ◽  
Jane Masters ◽  
Barbara Masser ◽  
Regina Schuller ◽  
Deborah Terry

2016 ◽  
Vol 37 (6) ◽  
pp. 400-405 ◽  
Author(s):  
Dawn I. Velligan ◽  
David L. Roberts ◽  
Cynthia Sierra ◽  
Megan M. Fredrick ◽  
Mary Jo Roach

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