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1.
Psychiatr Serv ; 74(1): 1, 2023 Jan 01.
Artigo em Inglês | MEDLINE | ID: mdl-36587279
2.
Inj Prev ; 29(1): 91-100, 2023 Feb.
Artigo em Inglês | MEDLINE | ID: mdl-36600522

RESUMO

CONTEXT: Costs related to criminal justice are an important component of the economic burden of injuries; such costs could include police involvement, judicial and corrections costs, among others. If the literature has sufficient information on the criminal justice costs related to injury, it could be added to existing estimates of the economic burden of injury. OBJECTIVE: To examine research on injury-related criminal justice costs, and what extent cost information is available by type of injury. DATA SOURCES: Medline, PsycINFO, Sociological Abstracts ProQuest, EconLit and National Criminal Justice Reference Service were searched from 1998 to 2021. DATA EXTRACTION: Preferred Reporting Items for Systematic reviews and Meta-Analyses was followed for data reporting. RESULTS: Overall, 29 studies reported criminal justice costs and the costs of crime vary considerably. CONCLUSIONS: This study illustrates possible touchpoints for cost inputs and outputs in the criminal justice pathway, providing a useful conceptualisation for better estimating criminal justice costs of injury in the future. However, better understanding of all criminal justice costs for injury-related crimes may provide justification for prevention efforts and potentially for groups who are disproportionately affected. Future research may focus on criminal justice cost estimates from injuries by demographics to better understand the impact these costs have on particular populations.


Assuntos
Crime , Direito Penal , Humanos , Polícia
6.
Drug Alcohol Depend ; 243: 109734, 2023 Feb 01.
Artigo em Inglês | MEDLINE | ID: mdl-36549227

RESUMO

BACKGROUND: Childhood trauma and mental disorders increase the risk of opioid dependence. We aimed to examine whether childhood trauma and mental disorders are associated with opioid agonist treatment (OAT) engagement, contact with the criminal justice system, and mortality among people with opioid dependence. METHODS: This observational study linked survey data from 1482 people receiving OAT in Sydney, Australia (2004-2008) to administrative data on OAT, crime, and mortality through 2017. We used survey data to assess childhood trauma, depression, panic disorder, post-traumatic stress disorder (PTSD), borderline personality disorder, anti-social personality disorder (ASPD), and comorbid substance dependence. We used discrete-time analysis to examine time from opioid dependence onset to OAT entry and mortality. Poisson regressions were used to analyze time receiving OAT and number of charges. RESULTS: Participants with extensive childhood trauma histories and ASPD were less likely to enter OAT and those with depression were more likely to enter OAT in any given year after opioid dependence onset. Panic disorder, PTSD, and borderline personality disorder were associated with less time in OAT. Extensive histories of childhood trauma, PTSD, ASPD, and comorbid substance dependence increased risk of charges for any offence. There were no significant associations between the exposure variables and mortality. CONCLUSIONS: Our findings suggest that childhood trauma and mental disorders increase the risk of adverse treatment and social outcomes among people with opioid dependence. Interventions that aim to reduce harm among people with opioid dependence may consider the effect of childhood trauma and mental disorders on OAT engagement and crime.


Assuntos
Experiências Adversas da Infância , Transtornos Relacionados ao Uso de Opioides , Humanos , Direito Penal , Transtornos Relacionados ao Uso de Opioides/terapia , Crime
7.
J Interpers Violence ; 38(1-2): NP1654-NP1689, 2023 01.
Artigo em Inglês | MEDLINE | ID: mdl-35483029

RESUMO

High-quality video and audio recordings of violent crimes, captured using now ubiquitous digital technologies, play an increasingly important role in the administration of justice. However, the effects of exposure to gruesome material presented in this form on criminal justice professionals who analyze, evaluate, and use this potentially traumatic content in the context of their work, are largely unknown. Using long interviews and constructivist grounded theory, this qualitative study sought to explore experiences of exposure to video evidence of violent crime among Canadian criminal justice professionals. Sixteen individuals including police, lawyers, judges, psychiatrists, law clerks, and court reporters volunteered to participate in qualitative long interviews asking about workplace exposures to violent videos. Themes identified address the ubiquity of video evidence of violent crime; proximity to violence through video; being blindsided through lack of preparedness for violent content; repeated exposures through multiple and protracted viewings; insufficient customary methods for self-protection; and the enduring impact of exposure to videoed violence. We determine that criminal justice professionals are increasingly and repeatedly presented with deeply disturbing imagery that was once imperceptible or unknowable and thus previously held at a greater distance. Elements of what is newly visible and audible in video evidence of violent crime create a new emotional proximity to violence that potentially increases the risks of secondary trauma and underscores the need for improved safety measures.


Assuntos
Crime , Direito Penal , Humanos , Crime/psicologia , Local de Trabalho , Canadá , Violência/psicologia
8.
Qual Health Res ; 33(1-2): 117-126, 2023 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-36476020

RESUMO

Adverse childhood experiences, including childhood sexual abuse, have significant immediate and lifelong effects including higher risks of alcohol and other drug use and contact with the criminal justice system. The concept of trauma to describe adverse experiences and later behaviours provides potential to reshape prevention and responses for victims. We draw on survivor accounts to a national enquiry, the Australian Royal Commission into Institutional Responses to Child Sexual Abuse, to examine the ways in which trauma is narrated in adverse childhood experiences, alcohol and other drug use and contact with the criminal justice system, and how trauma is interpreted by others in the context of policy and legal findings. These accounts showed damaging and unjust experiences of childhood, which were compounded by subsequent contact with the criminal justice system. Trauma seems to be important to both the experienced narrated by survivors and the synthesising of these experiences into narratives. National enquiries play important roles in listening to survivors and advocating for reform. There is a risk, however, that they will fail to result in substantive change, and function primarily as a forum for bearing witness to trauma, but not preventing it.


Assuntos
Abuso Sexual na Infância , Maus-Tratos Infantis , Transtornos Relacionados ao Uso de Substâncias , Criança , Humanos , Direito Penal , Austrália , Sobreviventes
9.
Sud Med Ekspert ; 65(6): 56-58, 2022.
Artigo em Russo | MEDLINE | ID: mdl-36472182

RESUMO

The aim of this work is to prove necessity of using the term «newborn¼ as common both in forensic medicine and general medicine (from the moment of birth till 28th day), to show legality of using the term «signs of recent birth¼, to demonstrate the importance of understanding not only the higher border in definition of neonatal period but its initial moment that is necessary to solve some investigative questions and determine legal capacity of people and provide criminal justice defense of citizens' life and health.


Assuntos
Direito Penal , Medicina Legal , Humanos
10.
Sante Ment Que ; 47(1): 37-61, 2022.
Artigo em Francês | MEDLINE | ID: mdl-36548792

RESUMO

Background Housing First does not, on average, reduce criminal justice involvement. This analysis aims to test whether the overall absence of an impact is due to intervention effect heterogeneity as a function of the pattern of lifetime criminal justice involvement, identified through latent class analysis conducted through earlier work. Methods This analysis relied on data from the Montréal, Toronto and Vancouver sites of the Canadian At Home/Chez Soi randomized controlled trial, merged with administrative records of lifetime criminal charges (N = 1,321). Negative binomial models with interaction terms were used to estimate the impact of Housing First, in comparison to treatment as usual, on violent charges, acquisitive charges (e.g., theft, sex work), and administration of justice charges (e.g., breach of probation), for each pre-identified profile. Results Participants with past criminal justice involvement associated with a chronic history of homelessness or with criminalized substance use experienced a decrease in violent charges as a result of Housing First, whereas those with no or little past criminal justice involvement experienced a marginal increase. Housing First did not affect acquisitive or administration of justice charges, regardless of profile. Conclusions Findings suggest that integrating criminological or forensic mental health tools, knowledge and approaches into the multidisciplinary teams that support Housing First service users may be an effective solution, so that all aspects of their recovery, including potential criminogenic needs, are addressed. Future research should focus on the feasibility and effectiveness of such adjunct interventions.


Assuntos
Transtornos Mentais , Humanos , Habitação , Direito Penal , Canadá , Transtornos Mentais/terapia
11.
Sante Ment Que ; 47(1): 129-149, 2022.
Artigo em Francês | MEDLINE | ID: mdl-36548796

RESUMO

Objectives This article aims at a critical study of the evolution of therapeutic measures in Swiss criminal law and of the ambiguous role that criminal justice let play to legal psychiatry in its decisions. Swiss law defines as criminal sanctions both sentences (punishment) and measures. Among the latter, a distinction must be drawn between therapeutic measures, aiming in principle at the treatment of the convicted person, and security measures, designed essentially to protect public security. Method To this end, after a brief presentation of the history of penal treatment measures in Switzerland, the status of measures in the criminal sanctions system is examined, presenting the range of different criminal measures and their evolution in time. Then, the relationship between mental health and justice, in particular the question of institutional treatment of mental disordered delinquents is analyzed, including the criticisms that it raises. Results The development of criminal measures over the last twenty years is characterized by two general trends: a strong decrease in the total number of criminal measures which have been ordered, and a sharp increase in the number of institutional therapeutic measures (Art. 59 CPS) to which offenders with serious mental disorders have been convicted. This latter increase is in line with a Swiss criminal security policy that is becoming more and more oriented towards risk management and marked by an obsession with the control of "high-risk offenders." In this logic, the primary aim of treatment for these offenders is supplanted by the aim of the protection of public security. This assumption is particularly tangible since therapeutic measures are not subject to a specific time limit and can be - and in practice are - regularly extended. This obsession with security is also crystallized in the difficult interaction between the judicial and the psychiatric worlds, since expertise is required for the pronouncement and the extension of a criminal measure. The system is criticized as well under a psychiatric as under a juridical point of view, and certain aspects have been recently condemned by the European Court of Human Rights. Conclusion We can observe that the use of the institutional therapeutic measure has increased, yet departing from its initial purpose, and obeying the movement towards more public security, even though the pronouncement of this measure is open to criticism. It rarely achieves its therapeutic objective, it is regularly submitted to prolongation, and it can lead to a measure of internment or a custodial sentence pronounced jointly, which run counter to the concrete needs of a person with mental health problems.


Assuntos
Criminosos , Psiquiatria Legal , Humanos , Direito Penal , Suíça , Saúde Mental , Criminosos/psicologia
13.
Med Arch ; 76(5): 377-382, 2022 Oct.
Artigo em Inglês | MEDLINE | ID: mdl-36545448

RESUMO

Background: Human health is the single most asset that any one person can and need to have it as qualitative as.. Despite this, however, there are occasions when things go wrong in practice and the patients wind up getting hurt while they are receiving treatment at the healthcare facility Obtaining and maintaining a good health are the goals of individuals and communities, which require having good medical systems. In rare cases, malpractice of medical systems may occur, a matter that affects patients and health providers. Objective: The main objectives of the present study were to review the literature for medical malpractice and how the application of criminal law impacts the medical practice. Methods: This is descriptive review based on the related studies published in scientific literature and deposited in on-line indexed databases. Results and Discussion: Main findings of the study showed that medical errors are likely to increase overtime. Malpractice is likely to take place as if good intention to do the best. Activation of criminal law against medical malpractice may put stress on medical staff, and may be a triggering factor for improving services submitted to the patients. Conclusion: Activation of criminal law against medical errors places stress on medical community from one side, and may be a triggering factor for improving services from another side.


Assuntos
Direito Penal , Imperícia , Humanos
14.
Int J Law Psychiatry ; 85: 101843, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36379182

RESUMO

The term 'capacity' has come to assume a variety of meanings in the law of England and Wales, and the failure of statutes and judges to specify its meaning and application across the civil and criminal law leads to problems. Nowhere is this perhaps clearer than in the law relating to sexual capacity. This paper begins with an overview of two streams of law on sexual capacity in the civil and criminal law. The first stream traces through the criminal law provisions of the Sexual Offences Act 2003, the work by the Law Commission which led to its enactment, and the ways in which its provisions have been applied by the courts in practice; and the second examines the Mental Capacity Act 2005 ('MCA 2005') and its parallel application by the civil courts. We illustrate how the case of A Local Authority v JB [2021] UKSC 52 brought these problems to the fore, as the Supreme Court was at last confronted with the differences between the definition and use of the term 'capacity' by the civil and criminal law on sexual capacity. We suggest that the decision made by the Supreme Court in JB has left open terrain which ought to be used to reframe, or perhaps even replace, the concept of 'capacity' within the criminal law on sexual capacity.1.


Assuntos
Direito Penal , Delitos Sexuais , Humanos , Comportamento Sexual , Inglaterra , País de Gales
15.
PLoS One ; 17(11): e0276237, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36322534

RESUMO

Neuroscientific evidence is increasingly utilized in criminal legal proceedings, prompting discussions about how such evidence might influence legal decisions. The effect of neuroscientific testimony on legal decisions remains uncertain, with some studies finding no effect, others reporting that neuroscience has a mitigating impact, and some indicating neuroscience evidence has an aggravating effect. The present study attempts to explain these divergent findings by showing that the effect of neuroscience evidence on sentencing interacts with beliefs about the goals of the criminal legal system. Using a between-subjects design, participants (N = 784) were asked to assume different rationales for imprisonment, before receiving neuroscientific evidence about antisocial behavior and its potential relation to the defendant. Participants recommended a sentence for the defendant prior to and after reading the neuroscientific evidence. Participants who were given the rationale of retribution as the primary goal of imprisonment significantly decreased their sentencing recommendations. When the goal of imprisonment was to protect the public from dangerous people, participants provided longer post-testimony sentences. Lastly, when the goal was to rehabilitate wrongdoers, participants also increased sentences from pre to post. Thus, the impact of neuroscientific evidence is not monolithic, but can lead to either mitigated or aggravated sentences by interacting with penal philosophy.


Assuntos
Criminosos , Neurociências , Humanos , Aplicação da Lei , Comportamento Perigoso , Direito Penal
16.
Georgian Med News ; (330): 17-22, 2022 Sep.
Artigo em Inglês | MEDLINE | ID: mdl-36427834

RESUMO

The purpose of the study - based on the analysis of judicial practice, scientific regulations, and current laws of Ukraine to suggest the ways of improving the criminal-law response measures to failed or improper performance of professional duties by a medical professional, and to determine the specific preparations for appointment of forensic medical examinations in the course of investigation of the criminal offenses concerned.; The materials of the study were statutory regulations; scientific research literature; court verdicts; criminal proceedings which were considered by court, and also statistical information.; The set purpose has been implemented by using the historical, dogmatic, system structural and logical methods for the research and also for the analysis of investigator's activities while investigating the criminal offenses concerned.; In this paper the author concludes that criminal offenses related to improper professional duties performance by a medical professional may be prevented by formalizing such duties at the legislative level. In the future, such a statutory instrument may be a Medical Code of Ukraine which will comprehensively regulate the rights and duties of patients as well as of medical staff.; The current criminal laws of Ukraine should provide for the possibility of applying criminal-law measures to medical institutions in case someone of their medical professionals improperly performs his/her professional duties.; It is expedient to make detailed formalization of the duties which a medical professional has at the level of separate legislative acts. For this purpose, it is necessary to adopt a number of legislative acts, rather than departmental ones, which would consolidate these duties with due regard for the development level of the healthcare branch.; Statutory enshrinement is needed in respect of the application of criminal-law measures to medical institutions in case someone of their medical professionals improperly performs his/her professional duties and this results in death of a person or other serious consequences.; The tactics of preparations for the appointment of forensic medical examinations in the course of investigation of the criminal offenses concerned have certain specific features, in particular:; - medical documentation should be scrutinized for the presence/absence of signs of forgery.; - clinicians with different specializations should be engaged for expert examination.; - it is inadmissible to make forensic medical examination based only on medical documents, except for cases of complete skeletonization of a human corpse.; - the questions which experts are asked should meet certain criteria.


Assuntos
Direito Penal , Criminosos , Humanos , Feminino , Masculino , Ucrânia
17.
Ann Epidemiol ; 76: 83-90, 2022 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-36273701

RESUMO

PURPOSE: The impact of incarceration on health is well known. Yet, most studies measure incarceration alone and miss additional exposure to the criminal legal system over time. We evaluated adult criminal legal sanctions - inclusive of arrests, charges, probation, incarceration - from ages 18-35 and inequities by juvenile sanctions and race. METHODS: Using the National Longitudinal Survey on Youth 1997, a nationally representative data set of adolescents followed into their mid-thirties (1997-2017), we calculated the mean cumulative count, or the average number of criminal legal events per person per study visit, stratified by juvenile sanctions and race. RESULTS: Of 7024 participants, 1679 experienced 3,075 encounters. There were seven arrests, 30 charges, nine probation encounters, and 13 incarceration events /100 participants by age 35. Juvenile sanctions were most common for Black individuals. Among those experiencing juvenile sanctions, Black and White individuals had similar numbers of encounters, but Black individuals had more arrests and incarceration stays. For those without juvenile encounters, Black individuals had more encounters than White individuals. CONCLUSIONS: Research on health effects of criminal legal sanctions must consider encounters beyond incarceration and focus on life course trajectories and racial inequities.


Assuntos
Direito Penal , Criminosos , Adulto , Adolescente , Humanos , Adulto Jovem , Acontecimentos que Mudam a Vida , Aplicação da Lei , Estudos Longitudinais
18.
Law Hum Behav ; 46(5): 337-352, 2022 10.
Artigo em Inglês | MEDLINE | ID: mdl-36227319

RESUMO

OBJECTIVE: In guilty plea hearings, judges must determine whether defendants' plea decisions were made knowingly, intelligently, and voluntarily. Little is known, however, about how plea hearings unfold, especially in juvenile court, where hearings are generally closed to the public. In this study, we had the unique opportunity to systematically observe plea hearings in juvenile and criminal court. HYPOTHESES: We predicted that plea hearings would be brief and that defendant participation, especially among juveniles, would be minimal. We also explored how often judges addressed the plea validity components of knowingness, intelligence, and voluntariness and whether addressing these components differed by the type of court (juvenile, criminal), pretrial custody status, and pled-to charge severity. METHOD: Trained coders in California (n = 104, juvenile court) and Virginia (n = 140, juvenile court; n = 593, criminal court) systematically observed more than 800 guilty plea hearings. Coders reliably documented hearing length, whether the defendant was in pretrial custody, whether the evidence was reviewed, details on defendant participation, and judicial attention to plea validity. RESULTS: On average, juvenile plea hearings lasted about 7 min and criminal plea hearings lasted 13 min. Prosecutors rarely reviewed evidence against the defendants in the juvenile courts, and in one juvenile court, judges paid virtually no attention to plea validity. In the other two courts, certain waived rights (e.g., to trial, to silence) were reviewed consistently. Depending on the court, hearing length and plea validity elements addressed varied by defendants' prehearing custody status and the pled-to charge severity. CONCLUSIONS: These findings provide novel insight into how components necessary for plea admissibility-knowingness, voluntariness, and intelligence-are discussed with defendants and, in doing so, raise concerns about the degree to which plea validity is actively assessed in plea hearings. Plea hearings are formal, minutes-long events in which defendant engagement is low. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Assuntos
Criminosos , Direito Penal , Etilenodiaminas , Culpa , Audição , Humanos , Advogados
19.
Law Hum Behav ; 46(5): 353-371, 2022 10.
Artigo em Inglês | MEDLINE | ID: mdl-36227320

RESUMO

OBJECTIVE: Valid guilty pleas must be made voluntarily, yet most defendants report that they did not feel part of the decision-making process or responsible for the decision. Defendants and judges both play a role in determining whether guilty pleas are voluntary. The actor-observer bias suggests that defendants and judges perceive the decision-making process differently given the nature of their roles. The present studies applied this framework to assess the complexity of voluntary plea decision-making. HYPOTHESES: We expected observers would rate pleas as more voluntary than would actors. We also expected participants to rate pleas made by guilty defendants as more voluntary than those made by innocent defendants and to view pleas made with voice as more voluntary than those made without voice. Finally, we expected the effect of guilt and voice on voluntariness to differ for actors and observers. METHOD: Participants were Amazon's Mechanical Turk workers (Study 1: N = 202, Study 2: N = 626) who had a history of high-quality performance on past tasks, were roughly evenly split between men (Study 1: 52%, Study 2: 53%) and women (Study 1: 48%, Study 2: 47%), and were primarily White/non-Hispanic (Study 1: 84%, Study 2: 75%). They watched video-recorded materials about a criminal case in which a defendant decided how to plead. The materials varied the participant's role (actor, observer), the defendant's guilt (innocent, guilty), and whether the defendant had a voice in the decision-making process (no voice, voice). Participants then rated the voluntariness of the decision-making process. RESULTS: In both studies, actors rated pleas as more voluntary than did observers. Participants rated guilty pleas as more voluntary when the defendant was guilty compared with innocent. Participants also rated pleas as more voluntary when the defendant had a voice in the decision-making process compared with when the defendant did not have a voice, but the difference was bigger for observers than for actors. CONCLUSIONS: Defendants and judges both determine whether a guilty plea is made voluntarily. These decision-makers are likely to perceive the plea decision-making process differently given their differing perspectives. There was also a large effect of voice on whether decisions were perceived to be voluntary. Individuals who play a role in the plea decision-making process should ensure that defendants have a proper opportunity to express their opinions and preferences about the decision. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Assuntos
Criminosos , Culpa , Direito Penal , Tomada de Decisões , Emoções , Feminino , Humanos , Masculino
20.
Psychol Serv ; 19(4): 607-608, 2022 Nov.
Artigo em Inglês | MEDLINE | ID: mdl-36301301

RESUMO

COVID-19 has brought renewed attention to the physical and mental health needs of underserved populations and the settings that assist them in receiving services. This introduction presents six articles of a special section on disease management approaches used within criminal justice settings to address such needs. Articles span a range of settings, including prisons, jails, mental health courts, forensic settings, and crisis units. Collectively, the articles in this special section discuss medical conditions, substance use, and mental health. They provide information on the diverse approaches taken across various settings in managing the physical and mental health challenges of those involved in the criminal justice system. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Assuntos
COVID-19 , Transtornos Mentais , Transtornos Relacionados ao Uso de Substâncias , Humanos , Direito Penal , Saúde Pública , Transtornos Mentais/terapia , Transtornos Relacionados ao Uso de Substâncias/terapia , Gerenciamento Clínico
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