| 1. |
- Allely, Clare Sarah, et al.
(författare)
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A legal analysis of Australian criminal cases involving defendants with autism spectrum disorder charged with online sexual offending
- 2019
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527. ; 66
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Tidskriftsartikel (refereegranskat)abstract
- This paper examines how the symptomology of the small number of individuals with autism spectrum disorder (ASD) charged with online sexual offenses in Australia is established during legal arguments and conceived by the judiciary to impact legal liability and offending behavior. This study aims to provide empirical support for the proposition that judicial discourses regarding the connection between ASD and online sexual offending, including conduct related to child exploitation material (CEM), have little bearing on overall questions of criminal liability or the use of alternative penal dispositions. It does so by exploring a sample of nine recent Australian criminal cases, involving ten rulings, that examine how evidence of ASD is raised in legal arguments in ways that suggest a diagnosed condition may have contributed significantly to the alleged wrongdoing. We conclude by suggesting current Australian judicial practice requires more sensitivity to the impact of clinical factors associated with ASD in shaping alternative supervisory and non-custodial dispositions for individuals convicted of online sexual offenses. © 2019 Elsevier Ltd
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| 2. |
- Creaby-Attwood, A., et al.
(författare)
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A psycho-legal perspective on sexual offending in individuals with autism Spectrum disorder
- 2017
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527. ; 55, s. 72-80
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Tidskriftsartikel (refereegranskat)abstract
- It is important to consider whether there are innate vulnerabilities that increase the risk of an individual with an autistic spectrum disorder (ASD), predominantly those defendants with a diagnosis of Asperger's Syndrome, being charged and convicted of a sexual offence. The significance of such can be readily seen in recent English case law, with judgments on appeal finding convictions unsafe where there have been a number of failings in the Judge's summing up. In this article, we will consider the gravity of Judges omitting to highlight a defendant's diagnosis of autism spectrum disorder and the necessity of detailed explanations to jury members regarding the condition and its effect upon thoughts and behaviour. Consideration will be specifically given to the necessity to prove sexual motivation in such offences and the judicial direction required in relation to whether the appellant's actions had been sexually motivated. Recognition of the social impairments inherent in ASDs are vital to this work and we shall consider whether the difficulty with the capacity to develop appropriate, consenting sexual relationships as a result of impaired social cognition may be one of the factors which increases the risk of sexual offending in individuals with ASD (Higgs & Carter, 2015). (C) 2017 Elsevier Ltd. All rights reserved.
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| 3. |
- Görtz, Daniel, et al.
(författare)
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The stage-value model: Implications for the changing standards of care.
- 2015
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527. ; 42-43, s. 135-143
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Tidskriftsartikel (refereegranskat)abstract
- The standard of care is a legal and professional notion against which doctors and other medical personnel are held liable. The standard of care changes as new scientific findings and technological innovations within medicine, pharmacology, nursing and public health are developed and adopted. This study consists of four parts. Part 1 describes the problem and gives concrete examples of its occurrence. The second part discusses the application of the Model of Hierarchical Complexity on the field, giving examples of how standards of care are understood at different behavioral developmental stage. It presents the solution to the problem of standards of care at a Paradigmatic Stage 14. The solution at this stage is a deliberative, communicative process based around why certain norms should or should not apply in each specific case, by the use of "meta-norms". Part 3 proposes a Cross-Paradigmatic Stage 15 view of how the problem of changing standards of care can be solved. The proposed solution is to found the legal procedure in each case on well-established behavioral laws. We maintain that such a behavioristic, scientifically based justice would be much more proficient at effecting restorative legal interventions that create desired behaviors.
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| 4. |
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| 5. |
- Levin, Sara, 1974-, et al.
(författare)
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Adherence to planned risk management interventions in Swedish forensic care : What is said and done according to patient records
- 2019
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier. - 0160-2527 .- 1873-6386. ; 64, s. 71-82
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Tidskriftsartikel (refereegranskat)abstract
- Both structured and unstructured clinical risk assessments within forensic care aim to prevent violence by informing risk management, but research about their preventive role is inconclusive. The aim of this study was to investigate risk management interventions that were planned and realized during forensic care by analysing patient records. Records from a forensic clinic in Sweden, covering 14 patients and 526 months, were reviewed. Eight main types of risk management interventions were evaluated by content analysis: monitoring, supervision, assessment, treatment, victim protection, acute coercion, security level and police interventions. Most planned risk management interventions were realized, both in structured and clinical risk assessments. However, most realized interventions were not planned, making them more open to subjective decisions. Analysing risk management interventions actually planned and realized in clinical settings can reveal the preventive role of structured risk assessments and how different interventions mediate violence risk.
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| 6. |
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| 7. |
- Radovic, Susanna, 1969, et al.
(författare)
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Introducing a standard of legal insanity: The case of Sweden compared to The Netherlands
- 2015
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527. ; 40, s. 43-49
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Tidskriftsartikel (refereegranskat)abstract
- Abstract in UndeterminedA recent governmental report has suggested that the notion of insanity, which has not been a relevant concept in Swedish criminal law for the last 50years, should be reintroduced into the criminal justice system. This move has generated a debate over the most appropriate criteria to be included in a legal standard for insanity. We consider the fundamental question of whether a legal standard is required when introducing insanity, by looking at a legal system in which legal insanity is available but where no standard is used: The Netherlands. Overall, a review of advantages and disadvantages leads to the conclusion that such a standard is necessary. What exactly should that standard be? Is the development of different "grades" of insanity desirable? Legal considerations concerning what is essentially a legal notion should predominate in making these determinations-informed by psychiatric and other relevant scientific findings.
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| 8. |
- Reitan, Therese, 1965-
(författare)
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Commitment without confinement : Outpatient compulsory care for substance abuse, and severe mental disorder in Sweden
- 2016
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527 .- 1873-6386. ; 45, s. 60-69
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Tidskriftsartikel (refereegranskat)abstract
- In Sweden, a person with severe substance abuse or a severe mental disorder may be committed to compulsory care according to two different legislations. Both acts include an option of providing involuntary care outside the premises of an institution - care in other forms (COF) and compulsory community care (CCC), respectively. As co-occurring disorders are commonplace many individuals will be subject to both types of compulsory care. The structures of both legislations and their provisions for compulsory care in the community are therefore scrutinized and compared. Based on a distinction between "least restrictive" or "preventative" schemes the article compares COF and CCC in order to determine whether they serve different purposes. The analysis shows that COF and CCC both share the same avowed aims of reducing time spent in confinement and facilitating transition to voluntary care and the community. But they also serve different purposes, something which is reflected in disparate scopes, eligibility criteria, rules, and practices. Overall, COF was found to be a more "least restrictive" and CCC a more "preventative" scheme. The distinction is associated with COF being an established part of legislation on compulsory care for substance abuse with a universal scope and CCC being a recent addition to compulsory psychiatric care legislation with a selective character.
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| 9. |
- Ståhlberg, Ola, et al.
(författare)
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A 3-year follow-up study of Swedish youths committed to juvenile institutions : Frequent occurrence of criminality and health care use regardless of drug abuse
- 2017
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier BV. - 0160-2527 .- 1873-6386. ; 50, s. 52-60
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Tidskriftsartikel (refereegranskat)abstract
- This 3-year follow-up study compares background variables, extent of criminality and criminal recidivism in the form of all court convictions, the use of inpatient care, and number of early deaths in Swedish institutionalized adolescents (N = 100) with comorbid substance use disorders (SUD) and Attention-Deficit/Hyperactivity Disorder (ADHD) (n = 25) versus those with SUD but no ADHD (n = 30), and those without SUD (n = 45). In addition it aims to identify whether potential risk factors related to these groups are associated with persistence in violent criminality. Results showed almost no significant differences between the three diagnostic groups, but the SUD plus ADHD group displayed a somewhat more negative outcome with regard to criminality, and the non-SUD group stood out with very few drug related treatment episodes. However, the rate of criminal recidivism was strikingly high in all three groups, and the use of inpatient care as well as the number of untimely deaths recorded in the study population was dramatically increased compared to a age matched general population group. Finally, age at first conviction emerged as the only significant predictor of persistence in violent criminality with an AUC of .69 (CI (95%) .54–.84, p = .02). Regardless of whether SUD, with or without ADHD, is at hand or not, institutionalized adolescents describe a negative course with extensive criminality and frequent episodes of inpatient treatment, and thus requires a more effective treatment than present youth institutions seem to offer today. However, the few differences found between the three groups, do give some support that those with comorbid SUD and ADHD have the worst prognosis with regard to criminality, health, and untimely death, and as such are in need of even more extensive treatment interventions.
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| 10. |
- Svalin, Klara, et al.
(författare)
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Police employees' violence risk assessments : the predictive validity of the B-SAFER and the significance of protective actions
- 2018
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Ingår i: International Journal of Law and Psychiatry. - : Elsevier. - 0160-2527 .- 1873-6386. ; 56, s. 71-79
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Tidskriftsartikel (refereegranskat)abstract
- Violence risk assessment and management is conducted in police settings in order to prevent repeat victimization. One of the most frequently used violence risk assessment tools in this specific context is called the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER), which focuses on intimate partner violence (IPV). The present study examines B-SAFER assessments conducted by police employees, related protective actions and repeat IPV crimes in order to study: 1) to what extent risk- and victim vulnerability factors in the B-SAFER predicted global risk assessments, 2) the predictive accuracy of each B-SAFER item and the global risk assessments with regard to repeat IPV, 3) to what extent recommended protective actions were implemented and 4) the preventive effect of the implemented protective actions on repeat IPV. There were a large number of missing cases in the assessments and the risk and victim vulnerability factors only contributed to the global risk assessments to a minor extent. The predictive validity was low overall, few protective actions were implemented and those which were actually implemented did not appear to prevent repeat IPV. The continuous education and training of assessors is required to improve the work of violence risk assessment and management in police settings.
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