Crime and Legal Issues among Intellectually Disabled Individuals

2016 ◽  
pp. 346-369 ◽  
Author(s):  
Vaitsa Giannouli
Keyword(s):  
Mental Health ◽  
Intellectual Disability ◽  
Drug Abuse ◽  
Aggressive Behavior ◽  
Criminal Law ◽  
Civil Law ◽  
Signs And Symptoms ◽  
Legal Issues ◽  
Steady Increase ◽  
Common Problems

Intellectual Disability (ID) can be caused by a variety of factors, which may lead to a variety of signs and symptoms. Individuals with ID are living in societies where during the past decade there is a steady increase in the amount of research focused on civil law, criminal law and mental health. In this chapter, there will be a theoretical presentation of the research on ID regarding criminal law and the different forms of aggressive behavior such as sexual violence, homicide, theft, arson and alcohol-drug abuse. There will be information on research regarding civil law and the most common problems for individuals with ID, such as financial capacity and capacity for medical consent. Finally, there will be a section for the most important issues regarding the trial and conviction for individuals with ID and a presentation of a recent research on attitudes toward ID and legal issues. The above will be examined through the prism of current neuropsychological data, while cross-cultural restrictions will be discussed.

Reflecting on Crime and Legal Issues in People With Intellectual Disabilities

2022 ◽  
pp. 1539-1567
Author(s):  
Vaitsa Giannouli
Keyword(s):  
Intellectual Disability ◽  
Drug Abuse ◽  
Criminal Law ◽  
Adaptive Functioning ◽  
Neurodevelopmental Disorder ◽  
Civil Law ◽  
Legal Issues ◽  
Research Findings ◽  
People With Intellectual Disabilities ◽  
Common Problems

This chapter discusses research findings on intellectual disability (ID), criminal law, and the different forms of aggressive behavior such as sexual violence, homicide, theft, arson, and alcohol-drug abuse. ID is a generalized neurodevelopmental disorder, characterized by significantly impaired and varying intellectual-adaptive functioning. Given that a number of legal issues have been raised over the past decades regarding individuals with ID and civil as well as criminal law, particular attention will also be given to neuropsychological research regarding civil law and the most common problems for individuals with ID, such as financial capacity and capacity for medical consent. Finally, there will be a section for the most important issues regarding the trial and conviction for individuals with ID, and a presentation of a research on attitudes toward ID and legal issues. The chapter concludes with suggestions for reform of the law relating to ID and the need for further research.

Reflecting on Crime and Legal Issues in People With Intellectual Disabilities

2020 ◽  
pp. 276-304
Author(s):  
Vaitsa Giannouli
Keyword(s):  
Intellectual Disability ◽  
Drug Abuse ◽  
Criminal Law ◽  
Adaptive Functioning ◽  
Neurodevelopmental Disorder ◽  
Civil Law ◽  
Legal Issues ◽  
Research Findings ◽  
People With Intellectual Disabilities ◽  
Common Problems

This chapter discusses research findings on intellectual disability (ID), criminal law, and the different forms of aggressive behavior such as sexual violence, homicide, theft, arson, and alcohol-drug abuse. ID is a generalized neurodevelopmental disorder, characterized by significantly impaired and varying intellectual-adaptive functioning. Given that a number of legal issues have been raised over the past decades regarding individuals with ID and civil as well as criminal law, particular attention will also be given to neuropsychological research regarding civil law and the most common problems for individuals with ID, such as financial capacity and capacity for medical consent. Finally, there will be a section for the most important issues regarding the trial and conviction for individuals with ID, and a presentation of a research on attitudes toward ID and legal issues. The chapter concludes with suggestions for reform of the law relating to ID and the need for further research.

Visual and Hearing Impairments and their Impact on the Mental Health of Adults with Intellectual Disability

2020 ◽  
pp. 247-264
Author(s):  
Reza Kiani ◽  
Sugato Bhaumik
Keyword(s):  
Mental Health ◽  
Intellectual Disability ◽  
Hearing Impairment ◽  
Mental Health Problems ◽  
Management Strategies ◽  
Signs And Symptoms ◽  
Autism Spectrum ◽  
Hearing Impairments ◽  
Care Givers ◽  
Raising Awareness

Visual and hearing impairments, congenital or acquired, are much more common in people with intellectual disability (ID) than the general population. These can be missed or diagnosed with delay if professionals rely just on the subjective reports by the families/care givers rather than objective screening and assessment. People with ID might be unable to complain about a visual or hearing impairment due to their communication difficulties. Therefore, diagnostic overshadowing might occur whereby these conditions might present with atypical signs and symptoms (e.g. loss of skills, isolation, and challenging behaviours) which could be attributed to dementia, depression, or other mental health problems. There has also been an overrepresentation of autistic-like features and autism spectrum disorder reported in people with visual and hearing impairment. Raising awareness of these comorbidities in people with ID will therefore facilitate early diagnosis and implementation of appropriate management strategies that can improve service provision for this vulnerable population.

Descriptive study of patients with intellectual disability attended in a community mental health care center

2017 ◽  
Vol 41 (S1) ◽  
pp. S599-S600
Author(s):  
S. Oller Canet ◽  
E. Pérez Sánchez ◽  
L. Alba Pale ◽  
E. Mur Mila ◽  
B. Samsó Buixareu ◽  
...  
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Intellectual Disability ◽  
Community Mental Health ◽  
Mental Health Care ◽  
Aggressive Behavior ◽  
Psychotic Disorders ◽  
Care Center ◽  
Community Mental Health Care ◽  
Health Care Center

IntroductionThe rate of mental illness among people with intellectual disability is at least 2.5 times higher than in the general population [1].ObjectiveTo describe the clinical and sociodemographic characteristics of all patients with intellectual disability treated in a community mental health care center (CMH) located in a city of 120,000 inhabitants on the outskirts of Barcelona with a high poverty index.MethodsDocuments and patient records were reviewed. Clinical, sociodemographic and other treatment data of patients with intellectual disability treated at the CMH were collected.ResultsThe sample consisted of 118 patients. Mean age: 39.5 (SD: 15), 54% men. 92% single and 23.7% legally incapacitated. 46.6% never completed basic education and 44.1% completed primary school. Employment status: 14.4% unemployed, 14.4% currently active, and 50% pensioned. Patients living mainly with their family (parents:) 86%. 68.6% of patients showed aggressive behavior, but the rate of hospital psychiatric admissions was low (mean: 1.1 (SD: 2.3)). Organic comorbidity: 44.9%. Functionality measured with GAF mean: 45 (SD: 12). Level of intellectual disability was mostly mild (62%). Psychiatric diagnoses were: psychotic disorders: 49.25%, affective disorders: 6.8%, personality disorder: 3.4%, Obsessive-compulsive disorder: 3.4%, autism: 11.9% and other diagnoses: 37.3%. Patients treated with anti-psychotics: 78.8%, anti-depressants: 40.7%, and mood stabilizers: 70.5%.ConclusionsIntellectually disabled patients from our sample showed high comorbidity with psychotic disorders, were highly medicated and often exhibited aggressive behavior.Disclosure of interestThe authors have not supplied their declaration of competing interest.

scholarly journals Alcohol and drug abuse as a manifestation of social stress due to the COVID-19 pandemic

2021 ◽  
Vol 31 (Supplement_3) ◽  
Author(s):  
VA Semyonova ◽  
TP Sabgayda ◽  
AV Zubko ◽  
AE Ivanova ◽  
GN Evdokushkina
Keyword(s):  
Mental Health ◽  
Drug Abuse ◽  
Mental Disorders ◽  
Social Stress ◽  
Excess Mortality ◽  
Steady Increase ◽  
Undetermined Intent ◽  
Alcohol And Drug Abuse ◽  
Health Deterioration ◽  
Excess Deaths

Abstract   During the pandemic, deaths associated with mental health deterioration due to social stress have contributed to excess mortality. The purpose of the study is to evaluate changes in mortality from causes associated with social stress during the pandemic in Moscow. The analysis is based on the Rosstat statistics and RFS-EMIAS database (Medical death certificates issued by the Moscow health institutions) in 2019-2020. Deaths from mental disorders and suicides during the maximum and minimum excess mortality in Moscow in 2020 were compared to 2019 (May and December, when mortality exceeded the 2019 indicators by 57.2% and 56.7%, and July with the 7.1%) excess. First, the excess mortality from mental disorders in these months was almost entirely due to disorders related to alcohol and drug abuse. Second, alcohol and drug abuse also results in deaths from poisoning. This necessitates a joint evaluation of deaths associated with alcohol and drugs (from mental disorders and poisoning). The evaluation shows that excess deaths from alcohol abuse in men in May 2020 compared to May 2019 equaled to 65%, falling down to 52.3% in July, followed by its maximum (2.5-fold) in December. Females show a steady increase: 52.9%, 76.5% and 2.1-fold, respectively. Distribution by sex of the total deaths associated with drug addiction (mental disorders and poisoning) was reversed: a steady increase in males (55.4% in May, 67% in July and 2.1-fold in December) and a significant decrease in females: 63.6%, 31.6% and 2.7-fold, respectively. Third, the pandemic has paradoxically affected deaths from suicide (including hangings, falls and undetermined intent poisoning). In men, excess deaths equaled to zero in May, 1.2% in July and decreased by 20.6% in December. The female excess suicidal mortality increased: 13.5%, 30.6% and 36.7%, respectively. Thus, the male reaction to social stress caused by the pandemic was passive (alcohol and drug abuse), while the female reaction was aggravated by suicides. Key messages During the pandemic, deaths associated with mental health deterioration due to social stress contributed to excess mortality. Alcohol and drug abuse results in deaths not only due to mental disorders.

scholarly journals Criminal Responsibility and Challenges in the Criminal Justice System for People with Intellectual Disability in Norway

2019 ◽  
Vol 7 (1) ◽  
pp. 97-109
Author(s):  
Erik Søndenaa ◽  
Christine Friestad ◽  
Birgitte Storvik ◽  
Berit Johnsen
Keyword(s):  
Mental Health ◽  
Intellectual Disability ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Unique Feature ◽  
Criminal Responsibility ◽  
Mental Condition ◽  
Historical Perspectives

The purpose of this article is to present and discuss Norwegian legislation concerning intellectual disability and criminal responsibility. Current legislation has an internationally unique feature, in that the rules governing criminal responsibility are based on what is known as the medical principle. This implies that criminal responsibility is determined by the defendant’s mental health status at the time of the crime. Norwegian criminal law does not require any causal or correlational relationship between the mental condition and the crime, as do most other jurisdictions. A brief description of historical perspectives and the Norwegian criminal justice system with regard to offenders with intellectual disabilities is also included.

Legal issues

2019 ◽  
pp. 931-976
Author(s):  
David Semple ◽  
Roger Smyth
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Criminal Law ◽  
Forensic Psychiatry ◽  
Common Law ◽  
Treatment Decisions ◽  
Legal Issues ◽  
Mentally Disordered Offenders ◽  
Mentally Disordered ◽  
Areas Of Interest

Practising psychiatrists must be familiar with the laws in their country relating to mental health. Five broad areas of interest include common law as it relates to medical treatment decisions, the law in relation to incapable adults, regulations around the treatment of patients with a mental disorder, confidentiality, and criminal law in relation to mentally disordered offenders. This chapter, in conjunction with the chapter on forensic psychiatry, provides the background of Mental Health Acts across the British Isles.

scholarly journals Mental health law in Finland

2012 ◽  
Vol 9 (4) ◽  
pp. 91-93 ◽  
Author(s):  
Allan Seppänen ◽  
Markku Eronen
Keyword(s):  
Mental Health ◽  
Criminal Law ◽  
Legal System ◽  
Forensic Psychiatry ◽  
Civil Law ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Hospitals ◽  
Mental Health Act ◽  
State Mental

A tradition of Romano-Germanic or civil law defines the legal system in Finland. Laws of relevance to psychiatry are the 1990 Mental Health Act and, insofar as it pertains to forensic psychiatry, the Criminal Law (1889) and the Law on State Mental Hospitals (1987, revised 1997). These are outlined in the present paper.

scholarly journals Kriteria Cek dan Bilyet Giro dalam Transaksi Bisnis yang Menimbulkan Konsekuensi Hukum Pidana dan Perdata

2019 ◽  
Vol 6 (1) ◽  
pp. 27
Author(s):  
Ferdy Saputra
Keyword(s):  
Criminal Law ◽  
Banking Sector ◽  
Civil Law ◽  
Legal Issues ◽  
Community Banks ◽  
Private Banks ◽  
Demand Deposits ◽  
Legal Consequences ◽  
Bank Notes

<em><span lang="EN">In the use of checks and bilyet giro as collateral for debt which results in legal consequences, both in the form of criminal law and civil law, checks and bilyet giro as bank products are closely related to banking law. The link is due to the fact that state and private banks are the parties that issue checks and bilyet giro. As a result of the use of checks and demand deposits that develop within the community, banks as issuers of checks and giro checks are often made to participate in legal issues carried out by their customers. Bank participation in legal matters, at a minimum, provides Investigators with information about checking accounts on behalf of their customers. Therefore, it is necessary to regulate the banking sector which regulates the use of checks and bank notes, specifically on what usage criteria can be categorized as criminal acts, and vice versa which use criteria can be categorized as private / civil legal relations</span></em>

Psychiatry and the law

Psychiatry ◽  
2019 ◽  
Author(s):  
Rebecca McKnight ◽  
Jonathan Price ◽  
John Geddes
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Ethical Decision Making ◽  
Civil Law ◽  
Legal Issues ◽  
Mental Health Legislation ◽  
The Law ◽  
Legal Frameworks ◽  
Health Legislation ◽  
The Relationship

In most of medicine, legal situations are rarely encoun­tered, typically related to complaints or complex eth­ical issues. Unusually, psychiatry is closely connected with the law, with most psychiatrists dealing with legal issues on a daily basis. There are three main areas of law which are relevant to psychiatry: … 1 Civil law relating to the involuntary admission and treatment of patients with mental disorders (in the UK, this is outlined in the Mental Health Act (MHA) 2007). 2 Civil law concerning issues of consent, capacity, and deprivation of liberty (Mental Capacity Act 2005 including Deprivation of Liberty Safeguarding (DoLS)). 3 Criminal law as it relates to individuals with mental disorders. … There are various reasons why knowledge of mental health legislation is helpful to all clinicians: … ● Laws and official guidelines provide backing to some aspects of ethical decision- making within medicine. ● The law regulates the circumstances under which treatment can be given without patients’ consent. All doctors may encounter situations in which patients refuse essential treatment, and may have to decide whether to invoke powers of compulsory admission and/ or best interest treatments. ● Doctors may be asked for reports used in legal decisions, such as the capacity to make a will or claims for compensation for injury. They may be asked for reports that set out the relationship between any psychiatric disorder and criminal behaviour. ● A minority of patients behave in ways that break the law. Doctors need to understand legal issues as part of their management of care. ● Victims of crime may suffer immediate and long-term psychological or physical consequences. … This chapter will describe the main principles of mental health legislation with particular reference to UK law. While some of the detail discussed (e.g. par­ticular definitions or legislative act numbers) may not be relevant to international readers, legal frameworks across the globe are broadly similar. Information of mental health legislation in most countries is now easily available online. The latter part of the chapter will provide an overview of the relationship between mental disorders and crime.

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