Legal Implications of Psychiatric Assessment for Medical Aid in Dying.

In recent years, several jurisdictions have passed legislation to permit medical aid in dying (MAID) worldwide, with considerable expansion in the availability of this practice. MAID has been defined as the practice of a clinician prescribing lethal drugs in response to a direct request from the patient, with a shared understanding that the patient intends to use the medication to bring about the patient's death. Wider legalization of MAID has prompted debates and legal controversies regarding the extent to which MAID should be available and its application for people experiencing mental illness as the primary indication. This article examines shifting attitudes of professional medical organizations toward MAID. We discuss the existing statutory provisions for psychiatric assessment for MAID in the United States and the implications on such assessments should MAID be expanded to include mental illness as the primary indication. This article also assesses legal disputes concerning MAID regulations and explores the role of psychiatric experts in the practice of MAID.

The Forensic Mental Health Implications of Social Media Challenges.

Children and adults are increasingly spending time on social networking sites where they may be exposed to social media challenges. These challenges, which are essentially dares or competitions, often involve participants recording themselves performing various activities to create a short video which they then share online. Many social media challenges may be considered relatively benign, but others may involve behaviors or tasks that lead to adverse outcomes, including injury and death. In this article, the authors describe different types of social media challenges, susceptibility to risk-taking among social media users, and the potential criminal and civil legal aspects of these challenges. This article focuses on the forensic mental health implications of social media challenges, including considerations for forensic psychiatrists and other mental health professionals who may become involved in court cases related to these challenges.

The Use of Electroconvulsive Therapy on Death Row.

Despite high rates of mental illness among incarcerated people in the United States, use of electroconvulsive therapy (ECT) remains limited in jails and prisons. There are some published guidelines regarding the provision of mental health care, including ECT, in U.S. correctional facilities, but little attention has been paid to the use of ECT for individuals sentenced to death. This article examines ECT within the context of the death penalty, including court consideration of ECT in capital cases and historic uses of ECT to facilitate execution of people on death row. Given the unique clinical, legal, and ethics considerations in the use of ECT for people sentenced to death, the authors call for greater attention to these practices and propose general guidelines regarding the use of ECT in this population.

Elder Financial Exploitation in the Digital Age.

Elder financial abuse violates the dignity, mental integrity, and fundamental rights of older adults. Reports of elder financial exploitation climbed during the COVID-19 pandemic, as many older adults were targeted by perpetrators seeking to take advantage of their worries about health and finances, increased isolation, and relative lack of familiarity with the digital technologies prevalent in their everyday lives. This article examines trends in usage of electronic financial technologies by older adults and describes new technology-based mechanisms of elder financial exploitation. We review the conceptual approaches and instruments used in financial capacity assessments, as well as the limitations of their applicability to the growing cohort of older adults who have adopted modern digital technologies to manage finances. We discuss elder abuse statutes and the variations in legal definitions of protected older adults and the perpetrators who can be held accountable for elder financial exploitation. In addition, we explore new directions for elaborating current approaches to financial capacity assessments and elder protection to address the demands and perils of the technology-driven postpandemic era.

The Use of Battered Woman Syndrome in U.S. Criminal Courts.

Although not recognized by any edition of the Diagnostic and Statistical Manual of Mental Disorders, battered woman syndrome (BWS) has been offered as a defense in U.S. criminal courts for several decades. This article reviews examples of criminal cases in which BWS has been used in the United States as well as the implications of BWS for the practice of forensic psychiatry. Historically raised in cases of self-defense, BWS has also been used in criminal defenses involving duress, as well as by prosecutors to explain witness recantations. Case law suggests that expert witness testimony on BWS is often admissible in jurisdictions across the United States, yet its use in criminal defenses has received mixed responses from various courts. We examine limitations on the use of BWS in criminal courts and the potential use of posttraumatic stress disorder as an alternative and more reliable diagnosis in similar legal contexts.

The Evolving Medicolegal Precedent for Medications for Opioid Use Disorder in U.S. Jails and Prisons.

Medications for opioid use disorder, also known as medication-assisted treatment (MAT), are critical in the treatment of opioid use disorder. Historically, inmates with opioid use disorder in U.S. jails and prisons have had difficulty accessing these medications, particularly methadone and buprenorphine. A series of recent legal cases, however, have set an evolving precedent for prisoners' rights to medications for opioid use disorder during incarceration based on the Eighth Amendment and the Americans with Disabilities Act. In addition to reviewing these cases, this article evaluates the recent clinical and research landscape in which these cases arose and highlights the need for further study into the role of medications in reducing in-prison morbidity and mortality from opioid use disorder.

Estimating Annual Numbers of Competency to Stand Trial Evaluations across the United States.

In the United States, criminal proceedings must be halted or suspended if a defendant is determined to be incompetent to stand trial. Competency to stand trial (CST) is one of the most notable intersections between psychiatry and criminal law, and evaluating defendants for CST is a key role for many forensic psychiatrists and other mental health professionals. Despite the significance of CST evaluations in U.S. criminal justice, the number of CST evaluations conducted across the country each year remains largely unknown. National estimates dating back to the 1970s have ranged from approximately 19,000 to 94,000 CST evaluations each year, but these numbers vary considerably and often stem from imprecise calculations. This article examines estimates of annual numbers of CST evaluations across the United States, the need to develop more accurate statistics, and ways to implement systems for tracking the numbers of CST evaluations across the country.

Homicide-Suicide in the United States: Moving Toward an Empirically Derived Typology.

OBJECTIVE: Homicide-suicide is an extremely heterogeneous and rare form of lethal violence. In an effort to capture this heterogeneity to enhance research and prevention efforts, typologies have been developed from literature reviews or geographically limited samples. The purpose of the present study was to develop the first empirically derived typology of homicide-suicide decedents, using a large, geographically diverse sample. METHODS: Data were used from the Centers for Disease Control and Prevention's National Violent Death Reporting System from 2003 to 2015 across 27 states. Homicide-suicide decedents were included if they were ≥ 18 years of age, they were the only victim and suspect involved, they had a known relationship with the victim(s), and the circumstances surrounding the event were known. There were 2,447 decedents that met study criteria. Unsupervised machine learning was used to classify decedents by precipitating circumstances and victim types. RESULTS: Eight homicide-suicide subtypes were identified and cross-validated in a holdout sample. Three subtypes consisted of only intimate partner victims, 3 subtypes had a single victim type (children, extrafamilial, other family), and there were 2 multivictim subtypes: one that could be identified as familicide and the other in which there was indiscriminate killing, which often included an intimate partner. Subtypes were distinguishable by demographic and other characteristics (median area under the curve = 0.77). Relationship problems precipitated 60%-92% of homicide-suicides across subtypes, while mental health problems were recognized as a precipitant in 7%-72% of decedents across subtypes. CONCLUSIONS: The findings expand upon and validate previously proposed homicide-suicide typologies. While relationship problems are common precipitants across homicide-suicide subtypes, known mental health problems vary across subtypes.

Prospective study of mental health court and life satisfaction.

Many communities have created specialized mental health courts (MHCs) to reduce unnecessary criminal justice involvement of persons with mental disorders. Although MHCs have shown favorable public safety outcomes, such as reducing risk for criminal recidivism and violent behavior, there has been little study of issues important to consumers, such as life satisfaction. This study prospectively evaluated the association between MHC participation and life satisfaction using data from 140 participants in a quasi-experimental research project on the San Francisco MHC. A fixed-effects regression model was used to examine whether MHC involvement predicted life satisfaction at 6-month follow-up while controlling for baseline life satisfaction, age, gender, and schizophrenia diagnosis. MHC involvement, baseline life satisfaction, and schizophrenia diagnosis significantly predicted life satisfaction at 6-months. Although the public safety benefits of MHCs are important, the present study also shows the potential for MHC to enhance important outcomes such as life satisfaction.

Laws and Ethics Related to Emotional Support Animals.

The use of animals for therapeutic benefit is well-established. For example, for individuals with a disability such as blindness, trained service dogs can enhance the ability to live independently and participate fully in society. An emotional support animal (ESA) is an untrained animal that is used to support a person disabled by an emotional or mental disorder. For an animal to qualify as an ESA, a mental health or medical professional needs to write a letter saying that the animal is needed for the mental health of the person with the disability. This article describes the legal framework for service animals and ESAs, as well as the differences between them. We summarize information about the Americans with Disabilities Act, the Fair Housing Act, the Air Carrier Access Act, and other laws governing an individual's right to be accompanied by a support animal. We also summarize the clinical research on ESAs and argue that, although there are few studies on the clinical effectiveness of ESAs, a broader body of research indicates that animals may have positive clinical effects on medical and mental illness. Finally, we suggest there is a need for further research and provider education on ESAs.

Correlates of gun violence by criminal justice-involved adolescents.

OBJECTIVE: This study presents a prospective evaluation of the contribution of criminogenic factors, psychiatric symptomatology, and neighborhood-level factors to risk for self-reported gun violence by adolescents with criminal justice involvement. HYPOTHESIS: We hypothesized that elevated psychiatric symptom clusters would be associated with increased risk for gun violence after accounting for criminogenic factors and that neighborhood contextual variables would contribute independently to gun violence risk controlling for criminogenic and psychiatric factors. METHOD: Data were drawn from the Pathways to Desistance study (Mulvey et al., 2004), a previously collected, longitudinal evaluation of 1,354 adolescents with felony or weapons-based misdemeanor convictions. Participants were located in Arizona and Pennsylvania and aged 14-18 at baseline. The majority identified as male (86.4%) and Black (41.4%) or Hispanic (33.5%). Participants completed interviews at baseline and follow-up over 7 years. This study drew indicators of criminogenic factors, psychiatric factors, ratings of neighborhood context, and self-reported offending. We used discrete time survival analysis to prospectively evaluate the contribution of independent variables to time to gun violence. RESULTS: The presence of self-reported threat control override symptoms represented a 56% increase in risk controlling for demographic and criminogenic factors, odds ratio = 1.56, 95% confidence interval [1.11, 2.18]. Ratings of higher neighborhood gun accessibility represented almost 2.5 times increased risk for self-reported gun violence controlling for demographic, criminogenic, and psychiatric factors, odds ratio = 2.48, 95% confidence interval [1.60, 3.85]. CONCLUSIONS: Results suggest that consideration of both environmental and individual-level factors hold importance for management of community risk and public safety for adolescents with criminal justice involvement. (PsycInfo Database Record (c) 2020 APA, all rights reserved).

Perceived Coercion During Admission Into Psychiatric Hospitalization Increases Risk of Suicide Attempts After Discharge.

OBJECTIVE: There is an elevated risk for suicide in the year following psychiatric hospitalization. The present study examined whether perceived coercion during admission into psychiatric hospitalization increases risk for postdischarge suicide attempts. METHODS: Participants were 905 psychiatric inpatients from the MacArthur Violence Risk Assessment Study that were assessed every 10 weeks during the year following discharge. Perceived coercion during admission was assessed while hospitalized, and suicide attempts were assessed following discharge. Analyses adjusted for nonrandom assignment of groups via propensity score weighting and for established correlates of postdischarge suicidal behavior. RESULTS: Of 905 participants, 67% endorsed perception of coercion into psychiatric hospitalization, and 168 (19%) made a postdischarge suicide attempt. Patients who perceived coercion during hospitalization admission were more likely to make a suicide attempt after discharge than those who did not, even after adjusting for established covariates (OR = 1.29, |z| = 2.87, p = .004, 95% CI = 1.08, 1.54). There was no interaction between recent self-harm or suicidal ideation at time of admission and perceived coercion on postdischarge suicide attempts. CONCLUSIONS: Patients' perception of the context in which they were hospitalized is associated with a small but significant increase in their likelihood of postdischarge suicide attempts.

Characteristics of persons who die on their first suicide attempt: results from the National Violent Death Reporting System.

BACKGROUND: Much of suicide research focuses on suicide attempt (SA) survivors. Given that more than half of the suicide decedent population dies on their first attempt, this means a significant proportion of the population that dies by suicide is overlooked in research. Little is known about persons who die by suicide on their first attempt-and characterizing this understudied population may improve efforts to identify more individuals at risk for suicide. METHODS: Data were derived from the National Violent Death Reporting System, from 2005 to 2013. Suicide cases were included if they were 18-89 years old, with a known circumstance leading to their death based on law enforcement and/or medical examiner reports. Decedents with and without a history of SA were compared on demographic, clinical, and suicide characteristics, and circumstances that contributed to their suicide. RESULTS: A total of 73 490 cases met criteria, and 57 920 (79%) died on their first SA. First attempt decedents were more likely to be male, married, African-American, and over 64. Demographic-adjusted models showed that first attempt decedents were more likely to use highly lethal methods, less likely to have a known mental health problem or to have disclosed their intent to others, and more likely to die in the context of physical health or criminal/legal problem. CONCLUSIONS: First attempt suicide decedents are demographically different from decedents with a history of SA, are more likely to use lethal methods and are more likely to die in the context of specific stressful life circumstances.

Correlates of gun violence by criminal justice-involved adolescents.

[Retraction notice: A retraction for this article was reported in Vol 43(6) of Law and Human Behavior (see record 2019-75174-001). The following Online First article published on September 9, 2019, is being retracted: Gonzales, L., & McNiel, D. E. (2019). Correlates of gun violence by criminal justice-involved adolescents. Law and Human Behavior. Advance online publication. http://dx.doi.org/10.1037/lhb0000349. The statement on p. 4 of the article was incorrect. Information regarding gun violence was collected by self-report only and the dichotomized coding scheme did not reference official arrest records. This retraction is at the request of the authors. They have agreed to revise the manuscript and resubmit to the journal for potential acceptance after undergoing the peer-review process.] Objective: This study presents a prospective evaluation of the contribution of criminogenic factors, psychiatric symptomatology, and neighborhood-level factors to risk for gun violence by adolescents with criminal justice involvement. HYPOTHESES: We hypothesized (a) elevated psychiatric symptom clusters would be associated with increased risk for gun violence after accounting for criminogenic factors; and (b) neighborhood contextual variables would contribute independently to gun violence risk controlling for criminogenic and psychiatric factors. METHOD: Data were drawn from the Pathways to Desistance study (Mulvey et al., 2004), a previously collected, longitudinal evaluation of 1,354 adolescents with felony or weapons-based misdemeanor convictions. Participants were located in Arizona and Pennsylvania and aged 14-18 at baseline. The majority identified as male (86.4%) and Black (41.4%) or Hispanic (33.5%). Participants completed interviews at baseline and follow-up over 7 years. This study drew indicators of criminogenic factors, psychiatric factors, ratings of neighborhood context, and self-reported offending verified with criminal justice records. We used discrete time survival analysis to prospectively evaluate the contribution of independent variables to time to gun violence. RESULTS: The presence of self-reported threat control override symptoms represented a 56% increase in risk controlling for demographic and criminogenic factors, odds ratio (OR) = 1.56, 95% CI [1.11, 2.18]. Ratings of higher neighborhood gun accessibility represented almost 2.5 times increased risk for gun violence controlling for demographic, criminogenic, and psychiatric factors, OR = 2.48, 95% CI [1.60, 3.85]. CONCLUSIONS: Results suggest that consideration of environmental and individual-level factors hold importance for management of community risk and public safety for adolescents with criminal justice involvement. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

Effectiveness of Police Crisis Intervention Training Programs.

Approximately 1,000 people in the United States were fatally shot by police officers during 2018, and people with mental illness were involved in approximately 25 percent of those fatalities. Crisis Intervention Team (CIT) training is a specialized police curriculum that aims to reduce the risk of serious injury or death during an emergency interaction between persons with mental illness and police officers. CIT has been implemented widely both nationally and internationally. Given the increasing resources devoted to CIT, efforts to analyze its effectiveness and outcomes relative to other approaches are important. Studies of CIT and similar interventions are found within both the mental health and the criminal justice arenas, which use very different terminologies, approaches, and outcome studies, rendering unified analyses challenging. This article describes the CIT model and reviews several recent systematic analyses of studies concerning the effects of CIT. Studies generally support that CIT has beneficial officer-level outcomes, such as officer satisfaction and self-perception of a reduction in use of force. CIT also likely leads to prebooking diversion from jails to psychiatric facilities. There is little evidence in the peer-reviewed literature, however, that shows CIT's benefits on objective measures of arrests, officer injury, citizen injury, or use of force.

A Systematic Approach to the Detection of False PTSD.

Posttraumatic stress disorder (PTSD) can occur after a traumatic experience and can cause severe symptoms that interfere with a person's psychological, physical, interpersonal, occupational, and social functioning. It is important to accurately identify genuine cases of PTSD and, as part of the differential diagnosis, to rule out instances of false PTSD. False PTSD diagnoses can adversely affect treatment planning, resource management, and research. The subjective nature of stressors, stereotypic presentation of symptoms, wealth of resources detailing how to malinger PTSD, and the high stakes for individuals involved in criminal, civil, and disability evaluations create challenges for making an accurate diagnosis. This article presents a systematic approach to help clinicians and forensic evaluators distinguish genuine PTSD from false variants of the disorder. It describes the types of false PTSD to be considered as alternative diagnoses, including malingered PTSD (for external gain, such as receiving a disability pension or evading criminal consequences), factitious PTSD (for internal gain, such as assuming the victim or hero/veteran role), and misattributed PTSD (legitimate psychopathology misdiagnosed as PTSD). The authors describe clinical features and psychological testing that may be leveraged to aid in reaching a more valid diagnosis.

A Review of Statutes and the Role of the Forensic Psychiatrist in Cyberstalking Involving Youth.

Adolescents are increasingly exposed to Internet-facilitated crime as they spend more time online. The mental health risks and legal consequences for youth involved in cyberstalking are growing areas of concern. The nature of online stalking presents several challenges regarding investigation, fair adjudication, fact-finding, and legislation. Laws governing online stalking behaviors inconsistently reference the age of a victim or perpetrator as a factor for consideration in case disposition. During adjudication, the forensic psychiatrist may be asked to evaluate the victim or perpetrator involved in cyberstalking. This article focuses on the current legal landscape governing cyberstalking behavior involving adolescents, the roles a forensic psychiatrist may assume in this context, and the opportunity to bring a developmental perspective to these cases.

Characteristics of a suicide attempt predict who makes another attempt after hospital discharge: A decision-tree investigation.

The year following discharge from psychiatric hospitalization is a high-risk period for suicidal behavior, particularly among patients initially hospitalized after a suicide attempt. Demographic and clinical correlates have been identified; however, characteristics of the initial attempt may provide insight into risk for subsequent attempts as well. This investigation examined whether individual or a combination of suicide attempt characteristics predicted future attempts. Two hundred and eighteen psychiatric inpatients from the MacArthur Violence Risk Assessment Study with a recent suicide attempt were administered items from the Suicide Intent Scale and followed one year after discharge. Sixty-nine (31.65%) made a subsequent attempt. Data were analyzed by a stepwise logistic regression, followed by an iterative receiver operator curve (IROC) analysis, a recursive partitioning classification tree. The cross-validated IROC, but not logistic regression, predicted subsequent suicide attempts. Furthermore, the IROC found that participants who made definite plans and underwent extensive preparation were at highest risk for subsequent attempts. These findings suggest that suicide attempt characteristics preceding psychiatric hospitalization can help identify patients at elevated risk for another attempt post-discharge.

Current Regulation of Mobile Mental Health Applications.

In recent years, the availability of software that is targeted toward the general public and designed to assist in the diagnosis and treatment of mental illness or to promote general mental health has expanded greatly. Regulation of more traditional health care providers and health care-associated devices is well established by statute, regulatory guidelines, and common law precedents. Applications (apps), in contrast, pose a novel regulatory challenge. This review examines the current regulatory guidelines for psychiatric mobile mental health apps, as well as the current state of case law in the psychiatric mobile mental health realm.

Controversies Concerning the Canadian Not Criminally Responsible Reform Act.

In Canada, individuals found not criminally responsible on account of mental disorder are subject to the disposition recommendations of the Provincial or Territorial Review Board of the jurisdiction where the offense was committed. Bill C-14, known as "The Not Criminally Responsible Reform Act" made changes to the postverdict disposition process of these individuals. This legislation was consistent with a broader "tough-on-crime" agenda of the previous federal government. The legislative changes codify that Review Boards take public safety as the "paramount consideration" in making their recommendations. The legislation also creates a new "high-risk" category for certain offenders and imposes limitations on their liberty. Further, Bill C-14 seeks to enhance victim involvement in the disposition process. The passage of this legislation has generated significant controversy in the medical and legal fields. Critics have stated that there is an absence of empirical evidence on which to base the amendments, that the legislation was an overreaction to high-profile cases, and that Bill C-14 is in questionable compliance with the Canadian Charter of Rights and Freedoms. In this review, we explore the potential catalysts involved in the creation of Bill C-14, the controversy surrounding the legislation, and the potential future impact on practicing forensic psychiatrists and on the forensic mental health system in Canada.