Psychiatric commitment under the criminal law in China: An empirical perspective.

This article examines the legislation and practice of compulsory treatment in China. Part I traces the Chinese history of criminal commitment law, explains the research methodology, and highlights some general empirical findings. Part II provides a comprehensive empirical analysis of compulsory treatment law in China, it covers both substantial issues such as criteria of compulsory treatment and procedural issues such as the commitment hearing, enforcement, and discharge of compulsory treatment. It also explores the compulsory treatment law from the human rights protection perspective. Our primary objective is to present the empirical findings to enable the legislative and other involved government agencies to make informed decisions about the future evolution of Chinese law in this area.

El caso del escritor Pedro Castera: entre la esfera pública, el campo literario y la experiencia manicomial en el México de finales del siglo XIX / The case of the writer Pedro Castera: between the public sphere, the literary field and the mental hospital experience in Mexico at the end of the XIX Century

En el verano de 1883, el escritor, minero, científico y seguidor del espiritismo Pedro Castera (1846-1906) fue recluido en el Hospital de San Hipólito para hombres dementes de la Ciudad de México. El confinamiento y la situación de aislamiento del también poeta despertó acalorados debates y disputas sobre su condición mental. Los motivos de su internamiento y las conjeturas acerca de la psicopatología que lo aquejaba fueron cruciales dentro de la narrativa de este caso, en el que convergieron intrigas políticas, sospechas familiares, controversias médicas y convenciones literarias. El objetivo del presente trabajo es analizar las valoraciones médicas alrededor de la reclusión, permanencia y salida de Pedro Castera del nosocomio, con el fin de reflexionar, asimismo, en torno a la resignificación de la figura del loco-literario, a partir de la emergencia del discurso de la medicina mental en el contexto de la modernidad mexicana en el último tercio del siglo XIX

In the summer of 1883, the writer, miner, scientist and follower of spiritism Pedro Castera (1846-1906) was detained at the Hospital de San Hipólito for demented men in Mexico City. The confinement and isolation of the also poet aroused heated debates and disputes surrounding his mental condition. The reasons for his internment and the conjectures about the psychopathology that afflicted him were crucial within the narrative of a case in which political intrigues, family suspicions, medical controversies and literary conventions converged. The aim of the present work is to analyze the medical valuations around the confinement, permanence and exit of Pedro Castera in and from the hospital, as well as to reflect on the resignification of the figure of the literary-madman from the emergence of the discourse of mental medicine in the context of Porfirian modernity

Public Perceptions of Moral Insanity in the 19th Century.

The diagnosis of moral insanity was primarily used through the best part of the 19th century to define and justify the psychiatric treatment of a particular type of conduct in which the patient seemed otherwise rational but displayed certain inexplicable and undesirable behaviors deemed socially perverse or "unfit." This article traces the history of this highly contested concept, which mirrors a historical arc in which psychiatry emerges as a discipline and stakes territorial claims on defining and regulating moral behavior. As illustration, I focus on the Hinchman Conspiracy Trial of 1849 as a less known case of wrongful confinement that hinged on proving the diagnosis of moral insanity in court. Moral insanity is a case study of the efforts to medicalize human ethical conduct, an effort starkly resisted by both the courts and the public. Some of the legacies of the term are the contemporary use of insanity as a legal defense, and the ability of patients to dispute psychiatric ward confinement orders in court.

The professionalization of psychologists as court personnel: Consequences of the first institutional commitment law for the "feebleminded".

The first law providing for the permanent, involuntary institutionalization of "feeble-minded" individuals was passed in Illinois in 1915. This bill represented the first eugenic commitment law in the United States. Focusing on the consequences of this 1915 commitment law within the context of intelligence testing, eugenics, and the progressive movement, this paper will argue that the then newly devised Binet-Simon intelligence test facilitated the definition and classification of feeble-mindedness that validated feeble-mindedness theory, enabled the state to legitimize the eugenic diagnosis and institutionalization of feeble-minded individuals, and especially empowered psychologists to carve out a niche for themselves in the courtroom as "experts" when testifying as to the feeble-mindedness of individuals.

Through a glass darkly: patients of the Illinois State Hospital for the Insane at Jacksonville, USA (1854-80).

The State Hospital for the Insane at Jacksonville, Morgan County, Illinois, was the first public hospital of its kind to be established in the state and among the earliest to be built on the 'Kirkbride Plan'. It opened for patients in 1851. We describe the background to the establishment of the hospital and, so far as is possible from publicly available sources, its catchment area, the nature of the patients held there up to 1880, its mechanisms of discharge, and supposed causes of death. We end with a plea that after over 150 years, the release of hospital casebooks and similar records in digital form would be of considerable benefit to historians of psychology, scientific biographers, genealogists and demographers.

Lessons from the past: Family involvement in patient admission and discharge, Beechworth Lunatic Asylum, 1900-1912.

In this study, document analysis is used to examine case books from the Beechworth Lunatic Asylum with the aim of determining the extent of family involvement in patients' admission and discharge. There were 420 male and 278 female patients admitted in the study period, with over half transferred from other Victorian asylums. Next of kin were identified for 64% of male and 84% of female patients. Families were involved in the admission of 52 (12%) male and 50 (18%) female patients, usually by bringing patients to the asylum or providing evidence of behavioural changes. Approximately 25% of patients were discharged (101 men and 62 women) and of these, families were involved in discharge for 26% of male and 71% of female patients, mainly by taking responsibility for them during trial discharge. Occasionally families refused to do this, or sought to have patients detained because of fears of violence. The relevance of the study to contemporary practice is explored, particularly the need for dialogue between clinicians and families who identify behavioural changes in family members, appropriate support for family carers, and timely provision of community care following discharge from inpatient facilities.

Pacientes «penales» en instituciones psiquiátricas: cien años del Manicomio Nacional de Leganés (1852-1952) / «Penal» patients in psychiatric institutions: a hundred years of the National Asylum of Leganés (1852-1952)

A pesar de que, desde el siglo XVIII, surgieron en Europa las críticas y los debates sobre la convivencia de enfermos mentales y delincuentes sanos, a lo largo del siglo XIX no se crearon instituciones específicas en España. En el Manicomio Nacional de Leganés ingresaron pacientes dementes procesados desde su inauguración en 1852, la mayoría de ellos, tras la publicación del Real Decreto de 15 de mayo de 1885. El objetivo de este trabajo es estudiar la población «penada o procesada» hospitalizada en esta institución de carácter estatal, durante los primeros cien años del establecimiento. Se han revisado las historias clínicas de todos los sujetos con causas penales ingresados entre 1852 y 1952, realizando un análisis de variables sociodemográficas y clínico-terapéuticas con el paquete estadístico SPSS v21, además de estudiar cuestiones de carácter administrativo-judicial. Se observa que durante el primer siglo de existencia del Manicomio fueron internados poco más de un centenar de enfermos con causas pendientes (3,6% del total de pacientes), casi la mitad entre 1886 y 1896, generando problemas organizativos y económicos en el hospital (AU)

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'Insane criminals' and the 'criminally insane': criminal asylums in Norway, 1895-1940.

This article looks into the establishment and development of two criminal asylums in Norway. Influenced by international psychiatry and a European reorientation of penal law, the country chose to institutionalize insane criminals and criminally insane in separate asylums. Norway's first criminal asylum was opened in 1895, and a second in 1923, both in Trondheim. Both asylums quickly filled up with patients who often stayed for many years, and some for their entire lives. The official aim of these asylums was to confine and treat dangerous and disruptive lunatics. Goffman postulates that total institutions typically fall short of their official aims. This study examines records of the patients who were admitted to the two Trondheim asylums, in order to see if the official aims were achieved.

[The long road for psychiatric care in prisons]. / La longue marche des soins psychiatriques en milieu pénitentiaire.

From the 19th century to the present day, the history of psychiatry in prisons has evolved considerably. In parallel with successive laws, codes and articles, psychiatry has gained in structure. From the "medical prison", mental health consultations in every detention centre, the regional medico-psychological services, to today's specially equipped hospital units (UHSA), prisoners receive both preventive care as well as curative treatment.

Madness and crime: Zefinha, the longest confined woman in Brazil.

Living in a forensic hospital for the last 38 years, Josefa da Silva is the longest female inhabitant surviving the penal and psychiatric regime in Brazil. This paper analyses dossier, judicial proceedings, interviews and photographs about her. The psychiatric report is the key component of the medical and penal doubling of criminal insanity. Twelve psychiatric reports illustrate three time frames of the court files: abnormality, danger, and abandonment. The psychiatric authority over confinement has moved from discipline to security, and from disciplinary security to social assistance. In the arrangement between the penal and psychiatric powers, the judge recognizes the medical authority over the truth of insanity. It is the medicine of the reasons for Zefinha's internment that altered over the decades.

“ Eu não sou presa de juízo, não”: Zefinha, a louca perigosa mais antiga do Brasil / Madness and crime: Zefinha, the longest confined woman in Brazil

Resumo Abandonada há 38 anos no manicômio judiciário de Alagoas, Josefa da Silva é a mulher mais antiga sobrevivente do regime penal-psiquiátrico no Brasil. Dossiê, processo judicial, entrevistas e fotografias compõem o corpusde análise deste ensaio. O laudo psiquiátrico é a peça-chave para o dobramento médico-penal na loucura criminosa. Doze laudos psiquiátricos ilustram as três metamorfoses do arquivo judiciário: anormalidade, perigo e abandono. A autoridade psiquiátrica sobre a clausura movimentou-se da disciplina para a segurança, e da segurança disciplinar para a asilar-assistencial. No arranjo entre os poderes penal e psiquiátrico, o juiz reconhece a autoridade médica para a verdade da loucura. É a medicina das razões sobre a clausura de Zefinha que se altera nas décadas de produção do arquivo.

Abstract Living in a forensic hospital for the last 38 years, Josefa da Silva is the longest female inhabitant surviving the penal and psychiatric regime in Brazil. This paper analyses dossier, judicial proceedings, interviews and photographs about her. The psychiatric report is the key component of the medical and penal doubling of criminal insanity. Twelve psychiatric reports illustrate three time frames of the court files: abnormality, danger, and abandonment. The psychiatric authority over confinement has moved from discipline to security, and from disciplinary security to social assistance. In the arrangement between the penal and psychiatric powers, the judge recognizes the medical authority over the truth of insanity. It is the medicine of the reasons for Zefinha’s internment that altered over the decades.

The Moral Career of 'Outmates': Towards a History of Manufactured Mental Disorders in Post-Socialist China.

This study focuses on 'manufactured mentally ill' (bei jingshenbing, [symbol in text]) individuals in post-socialist China. In Chinese society, bei jingshenbing is a neologistic catchphrase that refers to someone who has been misidentified as exhibiting symptoms of mental illness and has been admitted to a mental hospital. Specifically, it refers to those individuals who were subjected to unnecessary psychiatric treatment during the first decade of the twenty-first century. Based on archival analysis and ethnographic fieldwork, this study addresses the ways in which the voices of bei jingshenbing victims and those who support them reveal China's experiences with psychiatric modernity. It also discusses the active role of these individuals in knowledge production, medical policymaking, and the implications for reforming the psychiatric and mental health systems in post-socialist China.

Clara Harrison Town and the origins of the first institutional commitment law for the "feebleminded": psychologists as expert diagnosticians.

The first law providing for the commitment of "feeble-minded" individuals in the United States was passed in 1915, in the state of Illinois. House Bill 655 not only allowed for the permanent, involuntary institutionalization of feeble-minded individuals, but it shifted the commitment and discharge authority from the institution superintendents to the courts. Clara Harrison Town, a student of Lightner Witmer, and the state psychologist at the second largest institution for feeble-minded individuals in the country, was instrumental in this law passing and in ensuring that psychologists, for the first time, be viewed as court "experts" when testifying as to the feeble mindedness of individuals.

Forensic psychiatric units in Italy from the 1960s to the present.

This article addresses the long-standing continuities in the history of the Italian forensic psychiatric units and views them as the result of conflicting forces, interests, mentalities and strategies at the cross-road of forensic psychiatry, psychiatry, prison and health services. It focuses on the period from the 1960s to the present and deals with, among other issues, the long-term impact of the anti-asylum movements and the on-going debate on the 'phasing out' of the forensic psychiatric units.

Topographies of forensic practice in Imperial Germany.

This article examines the topography and "cultural machinery" of forensic jurisdictions in Imperial Germany. It locates the sites at which boundary disputes between psychiatric and legal professionals arose and explores the strategies and practices that governed the division of expert labor between them. It argues that the over-determined paradigms of 'medicalization' and 'biologization' have lost much of their explanatory force and that historians need to refocus their attention on the institutional and administrative configuration of forensic practices in Germany. After first sketching the statutory context of those practices, the article explores how contentious jurisdictional negotiations pitted various administrative, financial, public security, and scientific interests against one another. The article also assesses the contested status of psychiatric expertise in the courtroom, as well as post-graduate forensic psychiatric training courses and joint professional organizations, which drew the two professional communities closer together and mediated their jurisdictional disputes.

Forensic psychiatry and the birth of the criminal insane asylum in modern Italy.

This paper focuses on the creation of the criminal insane asylum in Italy between unification in 1861 and World War I. The establishment of criminal insane asylums was a triumph of the positivist criminology of Cesare Lombroso, who advocated for an institution to intern insane criminals in his classic work, Criminal Man (1876). As a context for the analysis of the birth of the criminal insane asylum in Italy, this essay also outlines the history of the insanity plea in Italian criminal law and the young discipline of psychiatry during the fifty years after Italian unification.

Psychiatrists, criminals, and the law: forensic psychiatry in Switzerland 1850-1950.

Between 1880 and 1950, Swiss psychiatrists established themselves as experts in criminal courts. In this period, the judicial authorities required psychiatric testimonies in a rising number of cases. As a result, more offenders than ever before were declared mentally deficient and, eventually, sent to psychiatric asylums. Psychiatrists also enhanced their authority as experts at the political level. From the very beginning, they got involved in the preparatory works for a nationwide criminal code. In this article, I argue that these trends toward medicalization of crime were due to incremental processes, rather than spectacular institutional changes. In fact, Swiss psychiatrists gained recognition as experts due to their daily interactions with judges, public prosecutors, and legal counsels. At the same time, the spread of medical expertise had serious repercussions on psychiatric institutions. From 1942 onwards, asylums had to deal with a growing number of "criminal psychopaths," which affected ward discipline and put psychiatry's therapeutic efficiency into question. The defensive way in which Swiss psychiatrists reacted to this predicament was crucial to the further development of forensic psychiatry. For the most part, it accounts for the subdiscipline's remarkable lack of specialization until the 1990s.