Science.gov

Sample records for adult criminal court

  1. Psychiatric Disorders Among Detained Youths: A Comparison of Youths Processed in Juvenile Court and Adult Criminal Court

    PubMed Central

    Washburn, Jason; Teplin, Linda; Voss, Laurie; Simon, Clarissa; Abram, Karen; McClelland, Gary

    2009-01-01

    Objective To compare the prevalence of psychiatric disorders in youths processed in adult criminal court with youths processed in the juvenile court. Methods Participants were a stratified random sample of 1829 youths (10–18 years of age) arrested and detained in Chicago, IL. Data on 1715 youths (13–18 years of age) from version 2.3 of the Diagnostic Interview Schedule for Children are presented, including 1440 youths processed in juvenile court and 275 youths processed in adult criminal court. Results Among youths processed in the adult criminal court, 66% had at least one psychiatric disorder and 43% had two or more types of disorders. Prevalence rates and the number of comorbid types of disorders were not significantly different between youths processed in adult criminal court and those processed in the juvenile court. Among youths processed in adult criminal court, those sentenced to prison had significantly greater odds of having disruptive behavior, substance use, or comorbid affective and anxiety disorders than those receiving a less severe sentence. Males, African Americans, Hispanics, and older youths had greater odds of being processed in adult criminal court than females, non-Hispanic whites, and younger youths, even after controlling for felony-level violent crime. Conclusions Community and correctional systems must be prepared to provide psychiatric services to youths transferred to adult criminal court, and especially to youths sentenced to prison. Psychiatric service providers must also consider the disproportionate representation of racial/ethnic minorities in the transfer process when developing and implementing services. PMID:18757588

  2. Transfer of Juvenile Cases to Criminal Court.

    PubMed

    Lee, Soo Jung; Kraus, Louis J

    2016-01-01

    The first juvenile court was founded in 1899 with the focus on rehabilitation of a juvenile offender as opposed to punishment in adult court. Determining culpability and disposition for adolescents has become a source of much discussion. With serious crimes, juvenile delinquents may be transferred from juvenile court to adult criminal court; this practice became more prevalent in the past century. However, growing knowledge of adolescent development has mitigated the culpability of youth offenders and resulted in judicial decisions influential to juvenile dispositions.

  3. Commentary: nuances of reverse-waiver evaluations of adolescents in adult criminal court.

    PubMed

    Lyons, Camilla L; Adams, Adria N; Dahan, Abigail L

    2012-01-01

    Several factors influence a judge's decision to transfer youthful defendants to juvenile court from adult court, including the forensic evaluator's ultimate opinion, the defendant's amenability to treatment, and public safety risk. In this commentary, we examine the constructs that evaluators must assess, as established by Kent v. United States (1966). We begin by outlining the legal history that led to the large population of youths currently in the adult criminal justice system nationwide and the negative consequences of their incarceration in adult settings. We consider the unique role of forensic psychologists and psychiatrists as experts in development, with special regard to their ability to assess and inform the court about amenability to treatment and emotional maturity. The determination of amenability to treatment is further explored through a review of the current literature examining the influence of diagnostic labeling on judicial decisions and the treatment response of adolescent offenders who have psychopathy features. We conclude with an update on the recent proposal for juvenile justice reform in the authors' state of New York.

  4. The influence of neuroscience on US Supreme Court decisions about adolescents' criminal culpability.

    PubMed

    Steinberg, Laurence

    2013-07-01

    In the past 8 years, the US Supreme Court has issued landmark opinions in three cases that involved the criminal culpability of juveniles. In the most recent case, in 2012, a ruling prohibited states from mandating life without parole for crimes committed by minors. In these cases, the Court drew on scientific studies of the adolescent brain in concluding that adolescents, by virtue of their inherent psychological and neurobiological immaturity, are not as responsible for their behaviour as adults. This article discusses the Court's rationale in these cases and the role of scientific evidence about adolescent brain development in its decisions. I conclude that the neuroscientific evidence was probably persuasive to the Court not because it revealed something new about the nature of adolescence but precisely because it aligned with common sense and behavioural science.

  5. Systematic review of the impact of adult drug treatment courts

    PubMed Central

    Brown, Randall T.

    2010-01-01

    The U.S. correctional system is overburdened by individuals suffering from substance use disorders. These illnesses also exact a heavy toll in individual and public health and well-being. Effective methods for reducing the negative impact of substance use disorders comprise critical concerns for policy makers. Drug court treatment programs (DTCs) are present in over 1800 county, tribal, and territorial jurisdictions in the United States, as an alternative to incarceration for offenders with substance use disorders. This review article summarizes available descriptive information on representative drug treatment court populations, summarizes observational studies of drug court participants, and specifically reviews available experimental effectiveness literature on drug treatment courts. The review concludes by examining limitations of the current literature, challenges to conducting research in drug court samples, and potential future directions for research on drug treatment court interventions. Review of non-experimental and quasi-experimental literature regarding the impact of drug treatment courts point toward benefit vs. traditional adjudication in averting future criminal behavior and in reducing future substance use, at least in the short term. Randomized effectiveness studies of drug treatment courts are scant (three identified in the literature on U.S. adult drug courts), and methodological issues arise in combining their findings. These randomized trials failed to demonstrate consistent effect upon re-arrest rates for drug-involved offenders participating in drug treatment court vs. typical adjudication. The two studies examining reconviction and reincarceration, however, demonstrated reductions for the drug treatment court group vs. those typically adjudicated. PMID:20478542

  6. Tried as an adult, housed as a juvenile: a tale of youth from two courts incarcerated together.

    PubMed

    Bechtold, Jordan; Cauffman, Elizabeth

    2014-04-01

    Research has questioned the wisdom of housing juveniles who are convicted in criminal court in facilities with adult offenders. It is argued that minors transferred to criminal court should not be incarcerated with adults, due to a greater likelihood of developing criminal skills, being victimized, and attempting suicide. Alternatively, it has been suggested that the other option, housing these youth with minors who have committed less serious crimes and who are therefore adjudicated in juvenile courts, might have unintended consequences for juvenile court youth. The present study utilizes a sample of youth incarcerated in one secure juvenile facility, with some offenders processed in juvenile court (n = 261) and others processed in adult court (n = 103). We investigate whether youth transferred to adult court engage in more institutional offending (in particular, violence) and experience less victimization than their juvenile court counterparts. Results indicate that although adult court youth had a greater likelihood of being convicted of violent commitment offenses than juvenile court youth, the former engaged in less offending during incarceration than the latter. In addition, no significant differences in victimization were observed. These findings suggest that the concern about the need for separate housing for adult court youth is unfounded; when incarcerated together, those tried in adult court do not engage in more institutional violence than juvenile court youth. PMID:23914921

  7. Forensic DNA phenotyping in criminal investigations and criminal courts: assessing and mitigating the dilemmas inherent in the science.

    PubMed

    MacLean, Charles E; Lamparello, Adam

    2014-01-01

    Forensic DNA Phenotyping ("FDP"), estimating the externally visible characteristics ("EVCs") of the source of human DNA left at a crime scene, is evolving from science fiction toward science fact. FDP can already identify a source's gender with 100% accuracy, and likely hair color, iris color, adult height, and a number of other EVCs with accuracy rates approaching 70%. Patent applications have been filed for approaches to generating 3D likenesses of DNA sources based on the DNA alone. Nonetheless, criminal investigators, particularly in the United States, have been reticent to apply FDP in their casework. The reticence is likely related to a number of perceived and real dilemmas associated with FDP: is FDP racial profiling, should we test unknown and unseen physical conditions, does testing for behavioral characteristics impermissibly violate the source's privacy, ought testing be permitted for samples from known sources or DNA databases, and should FDP be limited to use in investigations only or is FDP appropriate for use in a criminal court. As this article explains, although those dilemmas are substantive, they are not insurmountable, and can be quite easily managed with appropriate regulation and protocols. As FDP continues to develop, there will be less need for criminal investigators to shy away from FDP. Cold cases, missing persons, and victims in crimes without other evidence will one day soon all be well served by FDP.

  8. Psychiatric evidence in criminal courts: the need for better understanding.

    PubMed

    Muzaffar, Sajid

    2011-07-01

    The rules of admissibility of expert evidence from mental health professionals are not clear. The task of a psychiatrist providing expert opinion to criminal courts is far from clear. Psychiatric experts are trained in a particular set of ethical and philosophical frameworks. They have expertise in the diagnosis and management of behaviours arising from mental disorders. The concept of mental disorder itself is a dimensional one. Such a dimensional view of human behaviour and mental disorders is hard to fit into the categorical view of human behaviour that the law follows. The task of the psychiatric expert is to marry these two philosophically different branches. Such a task would be facilitated by clear rules of admissibility of expert psychiatric evidence, clear definition of the roles and limitations of psychiatric evidence in criminal cases, a better understanding and training of mental health professionals in legal principles and a better understanding by the legal professionals of the mental health concepts. This article aims to analyse the legal basis of the admissibility of expert mental health evidence, the differences in the philosophies of the two disciplines and the challenges in addressing legal criteria while staying faithful to the ethos of psychiatry and psychology.

  9. At the Supreme Court.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2000-01-01

    States that in the past juvenile courts afforded children with fewer rights than criminal courts accorded to adults accused of the same crimes. Reviews three U.S. Supreme Court cases that affirmed the constitutional rights of juvenile offenders and changed juvenile court proceedings. Discusses whether the juvenile death penalty violates…

  10. Can neurological evidence help courts assess criminal responsibility? Lessons from law and neuroscience.

    PubMed

    Aharoni, Eyal; Funk, Chadd; Sinnott-Armstrong, Walter; Gazzaniga, Michael

    2008-03-01

    Can neurological evidence help courts assess criminal responsibility? To answer this question, we must first specify legal criteria for criminal responsibility and then ask how neurological findings can be used to determine whether particular defendants meet those criteria. Cognitive neuroscience may speak to at least two familiar conditions of criminal responsibility: intention and sanity. Functional neuroimaging studies in motor planning, awareness of actions, agency, social contract reasoning, and theory of mind, among others, have recently targeted a small assortment of brain networks thought to be instrumental in such determinations. Advances in each of these areas bring specificity to the problems underlying the application of neuroscience to criminal law.

  11. Cost-Effectiveness Analysis of the New South Wales Adult Drug Court Program

    ERIC Educational Resources Information Center

    Shanahan, Marian; Lancsar, Emily; Haas, Marion; Lind, Bronwyn; Weatherburn, Don; Chen, Shuling

    2004-01-01

    In New South Wales, Australia, a cost-effectiveness evaluation was conducted of an adult drug court (ADC) program as an alternative to jail for criminal offenders addicted to illicit drugs. This article describes the program, the cost-effectiveness analysis, and the results. The results of this study reveal that, for the 23-month period of the…

  12. Supreme Court upholds criminal prohibitions on possession of marijuana for recreational use.

    PubMed

    Cruess, Gord

    2004-04-01

    In two recent decisions, R v Malmo-Levine and R v Caine (decided together) and R v Clay, the Supreme Court of Canada ruled that the criminal prohibition on marijuana possession, in the absence of a regulatory exemption for medical purposes, is constitutional. PMID:15216838

  13. Definition of Intellectual Disability in Criminal Court Cases

    ERIC Educational Resources Information Center

    Olley, J. Gregory

    2013-01-01

    Definitions and associated descriptions of the condition now commonly known as "intellectual disability" serve many functions. The "Atkins v. Virginia" U.S. Supreme Court decision (2002) has called attention to the importance of clear, objective, and measureable wording of the definition. This article discusses the potential for misunderstanding…

  14. Definition of intellectual disability in criminal court cases.

    PubMed

    Olley, J Gregory

    2013-04-01

    Definitions and associated descriptions of the condition now commonly known as intellectual disability serve many functions. The Atkins v. Virginia U.S. Supreme Court decision (2002) has called attention to the importance of clear, objective, and measureable wording of the definition. This article discusses the potential for misunderstanding and misinterpretation of such words as ability and cognitive, the importance of clarifying the role of measurement error and sociocultural factors, and the noncausal relationship between impairment in intelligence and adaptive behavior.

  15. Criminal prosecution of drug traffickers under the continuing criminal enterprise statute in federal courts of the United States of America.

    PubMed

    Corcoran, W J; Carlson, M C

    1983-01-01

    The continuing criminal enterprise statute, 21 United States Code 848, which was enacted in 1970 to deal, inter alia, with suppression of illicit traffic in drugs, contains a mandatory minimum sentencing provision of not less than 10 years and up to life imprisonment following conviction. It also contains a provision to seek forfeiture of the profits obtained by the defendant from the criminal enterprise. When drug-trafficking organizations move their finances abroad, it becomes difficult to identify assets in order to seek forfeiture. Therefore, the successful prosecution of major drug traffickers, under this statute, requires the co-operation of the institutions concerned and of courts in other countries in order to obtain the necessary evidence. Such co-operation is facilitated by a bilateral mutual judicial assistance treaty, when it exists.

  16. A look at court appointed psychiatric evaluations in Israel with special reference to criminal liability.

    PubMed

    Durst, R; Jabotinsky-Rubin, K; Ginath, Y

    1993-01-01

    This article presents the data collected from 128 court appointed psychiatric evaluations (CAPEs) and their analysis. Issues addressed are: the link between type of criminal offence and mental disorder; rate of recidivism; efficacy of the early detection and follow-up systems; inherent psychiatric dilemmas; unacceptable lacuna in information recorded in the CAPEs; and the babel of legal and psychiatric terms. We advocate that a combined effort be made by the legal and psychiatric fraternities to create a uniform and standardized CAPE.

  17. Effectiveness of a short-term mental health court: criminal recidivism one year postexit.

    PubMed

    Hiday, Virginia Aldigé; Wales, Heathcote W; Ray, Bradley

    2013-12-01

    This article investigated criminal recidivism 1 year postexit from a mental health court (MHC), which has, unlike prior MHCs studied, relatively short periods of court supervision. It benefits from a federal pretrial services agency that screens all arrestees for mental illness and dedicates a specialized supervision unit (SSU) to provide supervision and services while on pretrial release to all screened positive, including MHC participants. We compared criminal activity prior to key arrest with criminal activity post court disposition in MHC participants (N = 408) and MHC-eligible mentally ill arrestees in SSU (N = 687) receiving the same supervision and services while controlling for possible confounders. The proportion of MHC participants arrested was significantly lower in the year after MHC exit and significantly lower than that of the comparison group. They also averaged fewer rearrests and had a longer time to rearrest. MHC graduates made the greatest gains and accounted for the recidivism differences between MHC participants and the comparison group. This study adds to the accumulating evidence of the effectiveness of MHCs in reducing recidivism among offenders with severe mental illness. PMID:23772920

  18. Comparison of victims' reports and court records of intimate partner violence perpetrators' criminal case outcomes.

    PubMed

    Bell, Margret E; Larsen, Sadie E; Goodman, Lisa A; Dutton, Mary Ann

    2013-09-01

    Intimate partner violence (IPV) victims often report feeling confused and uninformed about court proceedings, including even about the final disposition of the case against their partner. This is problematic because victims' decisions in responding to subsequent abuse may be significantly influenced by their beliefs about the outcomes of prior court experiences. Also, researchers often rely on victim report of court case outcomes; discrepancies between women's reports and official records may account for some of the conflicting findings in the empirical literature. In the current study, we compared the reports of case outcome given by 81 women recruited immediately after the final hearing of an IPV-related criminal case against their perpetrator with court records of case outcome. Findings revealed a fair level of agreement between women's reports and court files that was significantly different from the level of agreement expected by chance, but far from perfect. Level of agreement increased substantially when cases involving suspended sentences were removed. In reviewing these findings, we discuss the extent to which results can or cannot be interpreted as reflecting the accuracy of women's knowledge and review their implications for IPV researchers and court systems.

  19. Young Offenders' Diagnoses as Predictors of Subsequent Adult Criminal Behaviour.

    ERIC Educational Resources Information Center

    Bevc, Irene; Duchesne, Thierry; Rosenthal, Jeffrey; Rossman, Lianne; Theodor, Frances; Sowa, Edward

    This longitudinal study of 248 male offenders examined the relationship between psychiatric disorders, diagnosed in adolescence, and subsequent adult criminal activity. Criminal offences were tracked for an average of 8.7 years from age 18-33. Cox Proportional Intensity regression analyses were conducted to predict the rates of adult offending of…

  20. Fitness and competency issues in Canadian criminal courts: elucidating the standards for mental health professionals.

    PubMed

    Whittemore, K E; Ogloff, J R

    1994-05-01

    The issue of competency arises at various stages of criminal proceedings in an effort to protect those individuals who are unable to participate in the legal process. The competency question is a legal issue ultimately decided by a judge. However, mental health professionals are often called upon to provide insight into an individual's level of competence. To date, the standards by which an individual is found competent have remained far from clear. This creates a problem for clinicians who are requested to make competency evaluations. This article addresses the competency issues as they arise at various stages of legal proceedings in order to determine the standards that are applied by the courts. Furthermore, given the importance placed on mental health evaluations of competency, the role of mental health practitioners will be addressed as it pertains to the competency question at each juncture in the criminal justice system.

  1. Analysis of SIDS-related civil and criminal court cases in Japan.

    PubMed

    Sawaguchi, T; Nishida, H; Kato, H; Fukui, S; Nishizawa, E; Kurihara, R; Namiki, M; Sawaguchi, A

    2002-09-14

    Thirty-three sudden infant death syndrome (SIDS)-related civil and criminal lawsuits in Japan were retrieved from judicial precedent databases "Hanrei Masutar (Judicial Decisions Master)" and "Hanrei Taikei (Judicial Decisions System) using "SIDS" as a keyword. Sleeping posture and developmental stage of occurrence were studied in each of the cases retrieved, whether or not a legal autopsy had been performed. The influence exerted on court decisions by Japanese definitions of SIDS as well as the relationship between causes of death and court decisions were studied. Of 33, two were criminal cases (business/professional negligence on the part of the defendants, leading to death), and the rest were civil cases (claims for damages). Because the decision handed down in both criminal cases was "cause of death unknown", these defendants were found innocent. One of these cases was argued in both the court of appeals and the superior court: these courts found SIDS to be the cause of death and consequently the claim for damages was rejected. Both criminal and civil courts dealt with another case: the former found the cause of death to be "unknown" and the defendant innocent, while the latter, finding SIDS the cause of death, declined to review. In cases where the sleeping posture was prone, courts tended to decide the cause of death to be suffocation, especially with neonates. Because diagnosis by exclusion is required in cases of a legal autopsy for SIDS, the diagnosis is difficult without an autopsy. Disagreements between the results of legal autopsy and court decisions occurred in eight cases. With such a discrepancy, a detailed case examination is necessary. In 1983, SIDS was defined in Japan in two different ways; one in a more strict sense and the other being more inclusive. The wider and narrower definitions were unified in 1995 by requiring a survey of the circumstances of death in addition to the narrower definition. Because of this situation, the two cases in the

  2. Analysis of SIDS-related civil and criminal court cases in Japan.

    PubMed

    Sawaguchi, T; Nishida, H; Kato, H; Fukui, S; Nishizawa, E; Kurihara, R; Namiki, M; Sawaguchi, A

    2002-09-14

    Thirty-three sudden infant death syndrome (SIDS)-related civil and criminal lawsuits in Japan were retrieved from judicial precedent databases "Hanrei Masutar (Judicial Decisions Master)" and "Hanrei Taikei (Judicial Decisions System) using "SIDS" as a keyword. Sleeping posture and developmental stage of occurrence were studied in each of the cases retrieved, whether or not a legal autopsy had been performed. The influence exerted on court decisions by Japanese definitions of SIDS as well as the relationship between causes of death and court decisions were studied. Of 33, two were criminal cases (business/professional negligence on the part of the defendants, leading to death), and the rest were civil cases (claims for damages). Because the decision handed down in both criminal cases was "cause of death unknown", these defendants were found innocent. One of these cases was argued in both the court of appeals and the superior court: these courts found SIDS to be the cause of death and consequently the claim for damages was rejected. Both criminal and civil courts dealt with another case: the former found the cause of death to be "unknown" and the defendant innocent, while the latter, finding SIDS the cause of death, declined to review. In cases where the sleeping posture was prone, courts tended to decide the cause of death to be suffocation, especially with neonates. Because diagnosis by exclusion is required in cases of a legal autopsy for SIDS, the diagnosis is difficult without an autopsy. Disagreements between the results of legal autopsy and court decisions occurred in eight cases. With such a discrepancy, a detailed case examination is necessary. In 1983, SIDS was defined in Japan in two different ways; one in a more strict sense and the other being more inclusive. The wider and narrower definitions were unified in 1995 by requiring a survey of the circumstances of death in addition to the narrower definition. Because of this situation, the two cases in the

  3. Does Type of Child Risk Affect Whether Mothers Seek Assistance for Intimate Partner Violence From Civil or Criminal Court?

    PubMed

    Palmer, Jane E; Renner, Lynette M; Goodman, Lisa A; Dutton, Mary Ann

    2016-03-01

    We examined whether risks to children of intimate partner violence survivors affected the type of legal assistance accessed. We hypothesized that the level and type of perceived child risk would be associated with whether women sought a protection order in civil court or filed charges against a current or former intimate partner in criminal court. Using data from a sample of predominantly African American women (N=293), we found that some forms of child risk were positively associated with seeking a civil order of protection but negatively associated with pressing criminal charges. Implications for practice, policy, and future research are presented.

  4. Does Type of Child Risk Affect Whether Mothers Seek Assistance for Intimate Partner Violence From Civil or Criminal Court?

    PubMed

    Palmer, Jane E; Renner, Lynette M; Goodman, Lisa A; Dutton, Mary Ann

    2016-03-01

    We examined whether risks to children of intimate partner violence survivors affected the type of legal assistance accessed. We hypothesized that the level and type of perceived child risk would be associated with whether women sought a protection order in civil court or filed charges against a current or former intimate partner in criminal court. Using data from a sample of predominantly African American women (N=293), we found that some forms of child risk were positively associated with seeking a civil order of protection but negatively associated with pressing criminal charges. Implications for practice, policy, and future research are presented. PMID:26438617

  5. Clinical evaluations for transfer of juveniles to criminal court: current practices and future research.

    PubMed

    Kruh, I P; Brodsky, S L

    1997-01-01

    Completing clinical evaluations of juveniles considered for transfer to criminal court requires specialized expertise. However, there is little empirical foundation upon which they can be based. Within each of the three major evaluation domains (amenability to treatment, risk for future violence, and sophistication/maturity), we ask the following questions: a) Can forensic examiners properly assess this area, and if so using what tools?; b) How can social science research clarify the transfer evaluation, particularly as it is impacted by systems issues?; and c) How should the evaluation be structured? In doing so, we review clinical suggestions for completing these evaluations and identify pertinent research directions. A number of general issues specific to these evaluations are also discussed.

  6. Systematic review of the impact of adult drug-treatment courts.

    PubMed

    Brown, Randall T

    2010-06-01

    The U.S. correctional system is overburdened with individuals suffering from substance use disorders. These illnesses also exact a heavy toll on individual and public health and well-being. Effective methods for reducing the negative impact of substance use disorders comprise critical concerns for policy makers. Drug treatment court (DTC) programs are present in more than 1800 county, tribal, and territorial jurisdictions in the United States as an alternative to incarceration for offenders with substance use disorders. This review article summarizes the available descriptive information on representative DTC populations and the observational studies of drug court participants, and it specifically reviews the available experimental effectiveness literature on DTCs. The review concludes by examining the limitations of the current literature, challenges to conducting research in drug court samples, and potential future directions for research on DTC interventions. A review of nonexperimental and quasi-experimental literature regarding the impact of DTCs points toward benefit versus traditional adjudication in averting future criminal behavior and in reducing future substance use, at least in the short term. Randomized effectiveness studies of DTCs are scant (3 were identified in the literature on U.S. adult drug courts), and methodological issues develop in combining their findings. These randomized trials failed to demonstrate a consistent effect on rearrest rates for drug-involved offenders participating in DTC versus typical adjudication. The 2 studies examining reconviction and reincarceration, however, demonstrated reductions for the DTC group versus those typically adjudicated.

  7. Remanding to Adult Court: You Make the Call. Teaching Strategy.

    ERIC Educational Resources Information Center

    Calpin, Joseph

    1994-01-01

    Presents a secondary lesson in which students participate in a role-playing exercise to determine whether or not a juvenile should be remanded to an adult court. Includes learning objectives and step-by-step implementation procedures. Also includes four student handouts representing legal issues, briefing sheets, and a mock police report. (CFR)

  8. Adverse Childhood Experiences and Adult Criminality: How Long Must We Live before We Possess Our Own Lives?

    PubMed Central

    Reavis, James A; Looman, Jan; Franco, Kristina A; Rojas, Briana

    2013-01-01

    Background: Empirical research associated with the Kaiser Permanente and Centers for Disease Control and Prevention Adverse Childhood Experiences (ACE) Study has demonstrated that ACE are associated with a range of negative outcomes in adulthood, including physical and mental health disorders and aggressive behavior. Methods: Subjects from 4 different offender groups (N = 151) who were referred for treatment at an outpatient clinic in San Diego, CA, subsequent to conviction in criminal court, completed the ACE Questionnaire. Groups (nonsexual child abusers, domestic violence offenders, sexual offenders, and stalkers) were compared on the incidence of ACE, and comparisons were made between the group offenders and a normative sample. Results: Results indicated that the offender group reported nearly four times as many adverse events in childhood than an adult male normative sample. Eight of ten events were found at significantly higher levels among the criminal population. In addition, convicted sexual offenders and child abusers were more likely to report experiencing sexual abuse in childhood than other offender types. Conclusions: On the basis of a review of the literature and current findings, criminal behavior can be added to the host of negative outcomes associated with scores on the ACE Questionnaire. Childhood adversity is associated with adult criminality. We suggest that to decrease criminal recidivism, treatment interventions must focus on the effects of early life experiences. PMID:23704843

  9. The views of psychiatric patients and their treating physicians of court-ordered compulsory hospitalization for criminal acts.

    PubMed

    Melamed, Y; Kimhi, R; Stawski, M; Elizur, A

    1997-01-01

    The legal responsibility for the mentally ill has long been a dilemma. Public opinion regarding the law which states that the mentally ill, in a psychotic state, are not responsible for their actions, is divided. The study assessed 30 psychiatric patients, committed by court order, following a criminal act on their part. No relationship was found between the nature of their offense and a psychiatric disorder. Patients who committed more serious crimes, such as murder, tended to have committed fewer criminal acts in the past. Sixty-nine percent of the patients think that the mentally ill are not responsible for their actions and 59% agreed with the judge's decision to hospitalize them. On a concrete level, over two-thirds of the patients were able to distinguish right from wrong. The treating physicians related mainly to the patients' illnesses rather than to the crimes for which they were committed.

  10. Evidence in court: witness preparation and cross-examination style effects on adult witness accuracy.

    PubMed

    Wheatcroft, Jacqueline M; Ellison, Louise E

    2012-01-01

    Witnesses play a clear and pivotal role in the criminal justice system and there is an obvious public interest in identifying procedures that both undermine and maximize the quality of evidence received by the criminal courts. This paper reports an investigation into the effects of witness familiarization and cross-examination type on adult witness accuracy that situates outcomes in both legal and psychological context. 60 mock witnesses observed a crime event and each witness was then cross-examined by a practising barrister in a moot courtroom according to two conditions - either via a scripted complex version of cross-examination or by a simpler but equivalent scripted examination. Mock witnesses were also allocated to two further conditions - half the participants received a guidance booklet on cross-examination and the other half received no familiarization to the process. Study outcomes showed that familiarization of witnesses to cross-examination processes increased accurate responses and reduced errors. The guidance seemingly allowed accessibility to cognitive information that enabled witnesses to process information more effectively. On this basis, advance written information about the nature of the cross-examination and potentially misleading tactics used by advocates could help to immunize against negative lawyerly influence.

  11. Risk factors for adult male criminality in Colombia.

    PubMed

    Klevens, Joanne; Roca, Juanita; Restrepo, Ofelia; Martinez, Adriana

    2001-01-01

    OBJECTIVES: This study sought to establish, in Colombia, the importance of factors alleged to be causes or correlates of adult criminality according to the published literature from other countries. METHODS: A comparison was made of arrested male offenders from ages 18 to 30 (n = 223) and similar community controls (n = 222) selected from five cities in Colombia as to their family background, exposure to abuse, family stressors, perceived care and history of childhood disruptive behaviour problems. RESULTS: Compared with neighbourhood controls from similar social classes, offenders were significantly more likely to report having had parents with less education, a mother under the age of 18 or over the age of 35 at time of birth, family members involved in crime, experiencing extreme economic deprivation, parental absence, family conflict, severe punishments, physical abuse, and maternal unavailability, rejection and lack of supervision. Prevalence of childhood disruptive behaviour problems was similar among offenders and controls. These findings appear to be independent of economic status, family size or type, birth order, or primary caregiver. Although the independent contribution of most of these factors is small, once all others have been controlled for, their cumulative effect is strong. CONCLUSIONS: The findings obtained in this Latin American setting do not support the generalized view that adult antisocial behaviour is necessarily preceded by a history of childhood behaviour problems. However, they do add evidence for the importance of family factors in the risk for adult criminality. PMID:12048531

  12. Food allergy, a summary of eight cases in the UK criminal and civil courts: effective last resort for vulnerable consumers?

    PubMed

    Gowland, M Hazel; Walker, Michael J

    2015-08-15

    Food allergy has a forensic context. The authors describe eight cases in the UK courts involving fatalities, personal injury or criminal non-compliance with food law from mainly 'grey' literature sources. The potentially severe consequences for people with food allergy of contraventions of labelling law have led to enforcement action up to criminal prosecution for what might otherwise be regarded as 'trivial' non-compliance. The authors suggest there should be central collation of such cases. Non-compliances should be followed up in a more rapid and robust manner. Evidence of fraud in the catering supply chain supports recent calls for zero tolerance of food fraud. Businesses must guard against gaps in allergen management, for which there are readily available sources of training and guidance, but also against fraudulent substitution in the supply chain, about which training and guidance should be developed. New allergen labelling legislation and case law appear to place responsibility on food businesses even for the forensically problematic area of allergen cross-contamination. The courts can be an effective last resort for vulnerable consumers; however, there is evidence of knowledge and skill gaps in both the investigation and prosecution of potentially serious incidents of food allergen mismanagement and mislabelling. Thorough investigation of food allergy deaths is required with a tenacious and skilled approach, including early realisation that samples of the food and/or stomach contents from a post mortem examination should be retained and analysed. The supply chain must be rigorously examined to find out where adulteration or contamination with the fatal allergen occurred.

  13. Should Colleges Conduct Criminal Background Checks before Hiring Instructors? A Louisiana Court Says Yes.

    ERIC Educational Resources Information Center

    Fossey, Richard; Vincent, Gregory

    2000-01-01

    In "Harrington v. Louisiana State Board of Elementary and Secondary Education," a Louisiana appellate court ruled that Delgado Community College in New Orleans was liable to a student who was raped by her instructor because the college did not investigate the instructor's background. Discusses implications of this ruling for colleges outside of…

  14. The legal aspects of conditional release in the criminal and civil court system.

    PubMed

    Weinstein, Naomi M

    2014-09-01

    This article considers the legal implications of conditional release in both the civil and criminal parts of the law. In the criminal context, conditional release takes the form of probation and parole. It also involves persons who are found to be incompetent to stand trial or not guilty by reason of insanity. In the civil context, conditional release exists for persons with mental illness and sex offenders who face mandatory outpatient treatment. The public policy behind conditional release is to allow certain persons the least restrictive alternative with proper oversight that will prevent the person from recidivating or being re-hospitalized. Conditional release is also used as a cost-saving mechanism in response to the overwhelming costs of incarceration and hospitalization. This article explores the issues of professional liability, third party liability, and individual rights in relation to conditional release. This article also addresses public policy concerns with conditional release and examines conditional release from a therapeutic jurisprudence perspective.

  15. The legal aspects of conditional release in the criminal and civil court system.

    PubMed

    Weinstein, Naomi M

    2014-09-01

    This article considers the legal implications of conditional release in both the civil and criminal parts of the law. In the criminal context, conditional release takes the form of probation and parole. It also involves persons who are found to be incompetent to stand trial or not guilty by reason of insanity. In the civil context, conditional release exists for persons with mental illness and sex offenders who face mandatory outpatient treatment. The public policy behind conditional release is to allow certain persons the least restrictive alternative with proper oversight that will prevent the person from recidivating or being re-hospitalized. Conditional release is also used as a cost-saving mechanism in response to the overwhelming costs of incarceration and hospitalization. This article explores the issues of professional liability, third party liability, and individual rights in relation to conditional release. This article also addresses public policy concerns with conditional release and examines conditional release from a therapeutic jurisprudence perspective. PMID:25328072

  16. Juveniles in court.

    PubMed

    Soulier, Matthew F; Scott, Charles L

    2010-01-01

    Nineteenth-century American reformers were concerned about the influence of immaturity and development in juvenile offenses. They responded to their delinquent youths through the creation of juvenile courts. This early American juvenile justice system sought to treat children as different from adults and to rehabilitate wayward youths through the state's assumption of a parental role. Although these rehabilitative goals were never fully realized, the field of American child psychiatry was spawned from these efforts on behalf of delinquent youths. Early child psychiatrists began by caring for juvenile offenders. The function of a child psychiatrist with juvenile delinquents expanded beyond strictly rehabilitation, however, as juvenile courts evolved to resemble criminal adult courts-due to landmark Supreme Court decisions and also juvenile legislation between 1966 and 1975. In response to dramatically increased juvenile violence and delinquency rates in the 1980s, juvenile justice became more retributional, and society was forced to confront issues such as capital punishment for juveniles, their transfer to adult courts, and their competency to stand trial. In the modern juvenile court, child psychiatrists are often asked to participate in the consideration of such issues because of their expertise in development. In that context we review the role of psychiatrists in assisting juvenile courts.

  17. Combining Drug Court with Adolescent Residential Treatment: Lessons from Juvenile and Adult Programs

    ERIC Educational Resources Information Center

    MacMaster, Samuel A.; Ellis, Rodney A.; Holmes, Tammy

    2005-01-01

    Drug courts have been recognized and empirically supported as an effective means of reducing recidivism and use of substances for both juveniles and adults. The paper reports the results of an outcome evaluation of a juvenile drug court in the Upper Cumberland area of Middle Tennessee. As with previous studies, the program showed impressive…

  18. Correction to Hiday, Wales, and Ray (2013). : "effectiveness of a short-term mental health court: criminal recidivism on year postexit".

    PubMed

    2015-04-01

    Reports an error in "Effectiveness of a short-term mental health court: Criminal recidivism one year postexit" by Virginia Aldigé Hiday, Heathcote W. Wales and Bradley Ray (Law and Human Behavior, 2013[Dec], Vol 37[6], 401-411). Results for two groups were reversed, once in text at the end of the Multivariate Analyses section on page 406, and in Figure 2 on page 408. The erratum provides the correct results. (The following abstract of the original article appeared in record 2013-20572-001.) This article investigated criminal recidivism 1 year postexit from a mental health court (MHC), which has, unlike prior MHCs studied, relatively short periods of court supervision. It benefits from a federal pretrial services agency that screens all arrestees for mental illness and dedicates a specialized supervision unit (SSU) to provide supervision and services while on pretrial release to all screened positive, including MHC participants. We compared criminal activity prior to key arrest with criminal activity post court disposition in MHC participants (N = 408) and MHC-eligible mentally ill arrestees in SSU (N = 687) receiving the same supervision and services while controlling for possible confounders. The proportion of MHC participants arrested was significantly lower in the year after MHC exit and significantly lower than that of the comparison group. They also averaged fewer rearrests and had a longer time to rearrest. MHC graduates made the greatest gains and accounted for the recidivism differences between MHC participants and the comparison group. This study adds to the accumulating evidence of the effectiveness of MHCs in reducing recidivism among offenders with severe mental illness. PMID:25689409

  19. Correction to Hiday, Wales, and Ray (2013). : "effectiveness of a short-term mental health court: criminal recidivism on year postexit".

    PubMed

    2015-04-01

    Reports an error in "Effectiveness of a short-term mental health court: Criminal recidivism one year postexit" by Virginia Aldigé Hiday, Heathcote W. Wales and Bradley Ray (Law and Human Behavior, 2013[Dec], Vol 37[6], 401-411). Results for two groups were reversed, once in text at the end of the Multivariate Analyses section on page 406, and in Figure 2 on page 408. The erratum provides the correct results. (The following abstract of the original article appeared in record 2013-20572-001.) This article investigated criminal recidivism 1 year postexit from a mental health court (MHC), which has, unlike prior MHCs studied, relatively short periods of court supervision. It benefits from a federal pretrial services agency that screens all arrestees for mental illness and dedicates a specialized supervision unit (SSU) to provide supervision and services while on pretrial release to all screened positive, including MHC participants. We compared criminal activity prior to key arrest with criminal activity post court disposition in MHC participants (N = 408) and MHC-eligible mentally ill arrestees in SSU (N = 687) receiving the same supervision and services while controlling for possible confounders. The proportion of MHC participants arrested was significantly lower in the year after MHC exit and significantly lower than that of the comparison group. They also averaged fewer rearrests and had a longer time to rearrest. MHC graduates made the greatest gains and accounted for the recidivism differences between MHC participants and the comparison group. This study adds to the accumulating evidence of the effectiveness of MHCs in reducing recidivism among offenders with severe mental illness.

  20. Intergenerational effects of parental substance-related convictions and adult drug treatment court participation on children’s school performance

    PubMed Central

    Gifford, Elizabeth J.; Sloan, Frank A.; Evans, Kelly E.

    2015-01-01

    Objective This study examined the intergenerational effects of parental conviction of a substance-related charge on children’s academic performance and, conditional on a conviction, whether completion of an adult drug treatment court (DTC) program was associated with improved school performance. Method State administrative data from North Carolina courts, birth records, and school records were linked for 2005–12. Math and reading end-of-grade test scores and absenteeism were examined for 5 groups of children, those with parents who: were not convicted on any criminal charge, were convicted on a substance-related charge and not referred by a court to a DTC, were referred to a DTC but did not enroll, enrolled in a DTC but did not complete, and completed a DTC program. Results Accounting for demographic and socioeconomic factors, the school performance of children whose parents were convicted of a substance-related offense was worse than that of children whose parents were not convicted on any charge. These differences were statistically significant but substantially reduced after controlling for socioeconomic characteristics, e.g., mother’s educational attainment. We found no evidence that parent participation in an adult DTC program led to improved school performance of their children. Conclusion While the children of convicted parents fared worse on average, much—but not all—of this difference was attributed to socioeconomic factors, with the result that parental conviction remained a risk factor for poorer school performance. Even though adult DTCs have been shown to have other benefits, we could detect no intergenerational benefit in improved school performance of their children. PMID:26460705

  1. Intergenerational effects of parental substance-related convictions and adult drug treatment court participation on children's school performance.

    PubMed

    Gifford, Elizabeth J; Sloan, Frank A; Eldred, Lindsey M; Evans, Kelly E

    2015-09-01

    This study examined the intergenerational effects of parental conviction of a substance-related charge on children's academic performance and, conditional on a conviction, whether completion of an adult drug treatment court (DTC) program was associated with improved school performance. State administrative data from North Carolina courts, birth records, and school records were linked for 2005-2012. Math and reading end-of-grade test scores and absenteeism were examined for 5 groups of children, those with parents who: were not convicted on any criminal charge, were convicted on a substance-related charge and not referred by a court to a DTC, were referred to a DTC but did not enroll, enrolled in a DTC but did not complete, and completed a DTC program. Accounting for demographic and socioeconomic factors, the school performance of children whose parents were convicted of a substance-related offense was worse than that of children whose parents were not convicted on any charge. These differences were statistically significant but substantially reduced after controlling for socioeconomic characteristics; for example, mother's educational attainment. We found no evidence that parent participation in an adult DTC program led to improved school performance of their children. While the children of convicted parents fared worse on average, much--but not all--of this difference was attributed to socioeconomic factors, with the result that parental conviction remained a risk factor for poorer school performance. Even though adult DTCs have been shown to have other benefits, we could detect no intergenerational benefit in improved school performance of their children. PMID:26460705

  2. The identification and management of ADHD offenders within the criminal justice system: a consensus statement from the UK Adult ADHD Network and criminal justice agencies.

    PubMed

    Young, Susan J; Adamou, Marios; Bolea, Blanca; Gudjonsson, Gisli; Müller, Ulrich; Pitts, Mark; Thome, Johannes; Asherson, Philip

    2011-01-01

    The UK Adult ADHD Network (UKAAN) was founded by a group of mental health specialists who have experience delivering clinical services for adults with Attention Deficit Hyperactivity Disorder (ADHD) within the National Health Service (NHS). UKAAN aims to support mental health professionals in the development of services for adults with ADHD by the promotion of assessment and treatment protocols. One method of achieving these aims has been to sponsor conferences and workshops on adult ADHD.This consensus statement is the result of a Forensic Meeting held in November 2009, attended by senior representatives of the Department of Health (DoH), Forensic Mental Health, Prison, Probation, Courts and Metropolitan Police services. The objectives of the meeting were to discuss ways of raising awareness about adult ADHD, and its recognition, assessment, treatment and management within these respective services. Whilst the document draws on the UK experience, with some adaptations it can be used as a template for similar local actions in other countries. It was concluded that bringing together experts in adult ADHD and the Criminal Justice System (CJS) will be vital to raising awareness of the needs of ADHD offenders at every stage of the offender pathway. Joint working and commissioning within the CJS is needed to improve awareness and understanding of ADHD offenders to ensure that individuals are directed to appropriate care and rehabilitation. General Practitioners (GPs), whilst ideally placed for early intervention, should not be relied upon to provide this service as vulnerable offenders often have difficulty accessing primary care services. Moreover once this hurdle has been overcome and ADHD in offenders has been identified, a second challenge will be to provide treatment and ensure continuity of care. Future research must focus on proof of principle studies to demonstrate that identification and treatment confers health gain, safeguards individual's rights, improves

  3. 32 CFR Appendix A to Part 150 - Format for Direction for Review in a Court of Criminal Appeals

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... applicable. Direction for Review Case No. ____ Tried at (location), on (date(s)) before a (type in court... (type of court-martial) of a violation of Article(s) ____ of the Uniform Code of Military Justice, and... exercising general court-martial jurisdiction (where applicable) took the following action: ______. The...

  4. 32 CFR Appendix A to Part 150 - Format for Direction for Review in a Court of Criminal Appeals

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... applicable. Direction for Review Case No. ____ Tried at (location), on (date(s)) before a (type in court... (type of court-martial) of a violation of Article(s) ____ of the Uniform Code of Military Justice, and... exercising general court-martial jurisdiction (where applicable) took the following action: ______. The...

  5. Adult Arrests Records and Court Outcomes of Adolescents with Serious Emotional Disturbance.

    ERIC Educational Resources Information Center

    Davis, Maryann; Cooper, Deborah K.

    This study used archival data to examine adult charges and court outcomes for 82 individuals who had been treated in public mental health programs as adolescents. Subjects' clinical records from their adolescent day treatment (18 percent), residential (23 percent) or hospital program (58 percent) were reviewed for sociodemographics, clinical…

  6. Educational Alliance: The Importance of Relationships in Adult Education with Court-Mandated Students

    ERIC Educational Resources Information Center

    Mottern, Ron

    2012-01-01

    This conceptual study examines the importance of relationships between teachers and students in court-mandated adult education settings. Although research has been done on the importance of relationships between teachers and incarcerated students, there have been no outstanding studies on the relationships developed between teachers and students…

  7. 24 CFR 1000.150 - How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or...

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 4 2011-04-01 2011-04-01 false How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants? 1000.150 Section 1000.150 Housing... receive criminal conviction information on adult applicants or tenants? (a) As required by section 208...

  8. 24 CFR 1000.150 - How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or...

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 4 2012-04-01 2012-04-01 false How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants? 1000.150 Section 1000.150 Housing... receive criminal conviction information on adult applicants or tenants? (a) As required by section 208...

  9. 24 CFR 1000.150 - How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or...

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants? 1000.150 Section 1000.150 Housing... receive criminal conviction information on adult applicants or tenants? (a) As required by section 208...

  10. Changes in Adult, Child, and Family Functioning among Participants in a Family Treatment Drug Court.

    PubMed

    Cosden, Merith; Koch, Lauren M

    2015-01-01

    Behavioral changes for 76 adults and 115 children from 62 families participating in a Family Treatment Drug Court (FTDC), in either residential or outpatient settings, were studied. Improvements in psychosocial functioning were calculated using a reliable change index (RCI) for family, adult, and child measures. Among outcomes, significant improvements in family functioning were noted and associated with improvements in child development and the likelihood of reunification. Support for FTDCs and implications for future practice and research are discussed. PMID:26827466

  11. [Psychiatry and criminology in Criminal Justice: Jury Trial Courts and Appellate Courts in the Federal District of Rio de Janeiro, during the 1930s].

    PubMed

    Dias, Allister Andrew Teixeira

    2015-01-01

    As part of a research study on the 1930s and 1940s medical-criminological debate in Brazil, this research paper analyzes some of the uses and criticisms of arguments of a psychiatric and criminological nature, among certain jurists who carried out important work in the city of Rio de Janeiro during the 1930s. In this context, these magistrates, tended to have significant psychiatric and criminological knowledge, in spite of all the heterogeneity, plurality and differences in perspectives that existed among them. We selected two principal areas to conduct an analysis of the activities of these jurists: the Appellate Court of the Federal District of Rio de Janeiro and Jury Trial Courts.

  12. Linking Childhood and Adult Criminality: Using a Life Course Framework to Examine Childhood Abuse and Neglect, Substance Use and Adult Partner Violence

    PubMed Central

    Minh, Anita; Matheson, Flora I.; Daoud, Nihaya; Hamilton-Wright, Sarah; Pedersen, Cheryl; Borenstein, Heidi; O’Campo, Patricia

    2013-01-01

    Child abuse and neglect, considered criminal acts under the Criminal Code of Canada, play an important role in substance use, violence, and other criminal behaviour in adulthood. We adopted the life course perspective to identify modifiable contextual influences and co-occurring individual, social, and familial determinants associated with adult criminality. Using in-depth interview data, a sub-sample of 13 women who had recently experienced intimate partner violence, recounted their experiences of childhood abuse, their own substance use or criminality, as well as implications of these factors on their children’s life trajectories. For the purposes of this paper criminality was defined as child abuse and neglect, domestic violence, illegal substance use and underage alcohol use. Our objective was to explore, in our data: (1) patterns and trajectories of criminality from childhood to adulthood among women who were victims of violence, and (2) cumulative effects of early life exposures on experiences of criminality; with the aim of describing the life course perspective as a useful framework to understand criminality along the life trajectory. The analysis was not designed to demonstrate causal connections between early childhood and adulthood experiences of criminality. Rather we generated qualitative and quantitative hypotheses to guide future research in the field. Implications for research and interventions are discussed. PMID:24169410

  13. Drug Courts. Technical Assistance Packet.

    ERIC Educational Resources Information Center

    Join Together, Boston, MA.

    Drug courts are designed to stop the abuse of alcohol and other drugs and the related criminal activity by offering individuals, whose criminal activity stems from substance abuse, the choice to participate in treatment. In exchange for successful completion of a treatment program, the court has the option of dismissing the original charge,…

  14. Juvenile Crime and Criminal Justice: Resolving Border Disputes

    ERIC Educational Resources Information Center

    Fagan, Jeffrey

    2008-01-01

    Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across the country to exclude or transfer a significant share of offenders under the age of eighteen to the jurisdiction of the criminal court, essentially redrawing the boundary between the juvenile and adult justice systems. Jeffrey Fagan examines the legal…

  15. The Courts and the News Media.

    ERIC Educational Resources Information Center

    Pickerell, Albert G.; Lipman, Michel

    This book is intended to provide reporters who cover court proceedings with a basic knowledge of the organization of California's courts and of the procedures they follow. It contains: material about court organization and jurisdiction, pretrial civil procedure, pretrial criminal procedure, and civil and criminal trial procedure; a legal…

  16. Teenage childbirth and young adult criminal convictions: A quasi-experimental study of criminal outcomes for teenage mothers

    PubMed Central

    Coyne, Claire A.; Fontaine, Nathalie M. G.; Långström, Niklas; Lichtenstein, Paul; D'Onofrio, Brian M.

    2013-01-01

    Purpose Teenage childbirth is associated with poor psychosocial outcomes for teen mothers. One example is that teen mothers have higher rates of antisocial behavior. The extant research has not been able to determine if teenage motherhood is independently associated with criminal behavior, or if the association is due to selection factors associated with both teenage childbirth and criminal behavior. Methods We used longitudinal data from Swedish national registers and sibling-comparisons (both full- and half-siblings) to identify the extent to which there is an independent association between teenage childbirth and mothers’ likelihood of criminal conviction between ages 20-30, or if the association is confounded by familial (including genetic or environmental) factors that make sisters similar. Results Women who began childbearing as teenagers were more likely to be convicted of a crime in young adulthood compared to women who delayed childbearing. When sisters were compared, the association between teenage childbirth and criminal convictions disappeared. Multivariate behavior genetic analyses suggest genetic and shared environmental account for the association. Conclusions The statistical association between teenage childbirth and early adulthood criminal convictions is confounded by genetic and shared environmental factors that influence both the likelihood of teenage childbirth and risk of early adulthood criminal conviction. PMID:24039311

  17. Cutting Crime: Drug Courts in Action.

    ERIC Educational Resources Information Center

    Drug Strategies, Washington, DC.

    Drug courts depart from traditional criminal justice practice by directing nonviolent drug abusing offenders to intensive court-supervised drug treatment instead of to prison. An examination of drug courts is offered in this booklet. The text is based on extensive interviews with judges, prosecutors, public defenders, court administrators, police…

  18. Courting the Court.

    ERIC Educational Resources Information Center

    Crosby, Mary Neil

    1989-01-01

    Considers the impact of strong public opinion on the U.S. Supreme Court's decision in "Webster v. Reproductive Health Services." Points out three uses of public opinion in Supreme Court decisions and remarks on the Court's insulation from the public. Concludes that amicus curiae briefs are the one persuasive tool for influencing the Court. (LS)

  19. [Genetics as a relevant factor for the purpose of judging criminal imputability. Status of the issue and critical perspective. Considering particularly the Decision of the Trieste Court of Appeals (Italy) of September 18, 2009].

    PubMed

    Urruela Mora, Asier

    2010-01-01

    The present contribution analyses the relevance of the genetic predispositions in the field of Criminal Law. Its principal effect is basically associated with the sphere of the Insanity Defense, due to the fact that a number of psychiatric alterations or abnormalities relevant for the Insanity Defense show a genetic basis. This statement has been recently confirmed by new scientific evidences and in the judicial framework by the Sentence of the Court of Appeal of Trieste (Italy) from 18th September 2009 which accepts the genetic characteristics of the defendant as a relevant data in order to cut the sentence given to a person convicted of murder.

  20. EVIDENCE-BASED TREATMENT PRACTICES FOR DRUG-INVOLVED ADULTS IN THE CRIMINAL JUSTICE SYSTEM

    PubMed Central

    Friedmann, Peter D.; Taxman, Faye S.; Henderson, Craig E.

    2007-01-01

    OBJECTIVE To estimate the extent and organizational correlates of evidence-based practices (EBPs) in correctional facilities and community-based substance abuse treatment programs that manage drug-involved adult offenders. METHODS Correctional administrators and treatment program directors affiliated with a national sample of 384 criminal justice and community-based programs providing substance abuse treatment to adult offenders in the United States were surveyed in 2004. Correctional administrators reported the availability of up to 13 specified EBPs and treatment directors up to 15. The sum total of EBPs indicates their extent. Linear models regress the extent of EBPs on variables measuring structure and leadership, culture and climate, administrator attitudes and network connectedness of the organization. RESULTS Most programs offer fewer than 60% of the specified EBPs to drug-involved offenders. In multiple regression models, offender treatment programs that provided more EBPs were community-based, accredited, and network-connected; with a performance-oriented, non-punitive culture, more training resources; and leadership with a background in human services, a high regard for the value of substance abuse treatment and an understanding of EBPs. CONCLUSIONS The use of EBPs among facility- and community-based programs that serve drug-involved adult offenders has room for improvement. Initiatives to disseminate EBPs might target these institutional and environmental domains, but further research is needed to determine whether such organization interventions can promote the uptake of EBPs. PMID:17383551

  1. The Distinction between Civil and Criminal Law: A Lesson Plan for High School Law-Related Educators To Support "Understanding the Federal Courts."

    ERIC Educational Resources Information Center

    Administrative Office of the United States Courts, Washington, DC.

    The O. J. Simpson trials taught much of the United States a basic lesson in the difference between criminal law and civil law. Many students learn in their government classes that a person cannot be tried twice for the same crime. A person found innocent in a criminal trial, however, can be sued under civil law procedures for damages. It is…

  2. No Soldier Left Behind: The Veterans Court Solution.

    PubMed

    Lucas, Paul A; Hanrahan, Kathleen J

    2016-01-01

    This paper concerns one of the newer iterations of problem-solving courts: veterans treatment courts. We trace the history of problem solving court implementation and explore the functioning of an established veterans court. The focus of this exploratory, qualitative study is the courthouse workgroup and their interactions both within the veterans court and with more traditional criminal courts and criminal justice agencies. We summarize the literature on problem solving courts and the experience, insights and suggestions of the members of the court we examined.

  3. Supreme Court Review

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2009-01-01

    By the end of the 2008-2009 term, Justice David Souter's decision to return to New Hampshire and President Obama's nomination of Sonia Sotomayor to replace him on the bench had taken over the Supreme Court news cycle. In the end, the consensus has been that, with the possible exception of criminal justice issues, swapping out Souter for Sotomayor…

  4. 25 CFR 11.902 - Non-criminal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.902 Non-criminal proceedings. No adjudication upon the status of any minor in the jurisdiction of the children's court shall be deemed criminal or be deemed a conviction...

  5. Delay discounting, self-control, and substance use among adult drug court participants.

    PubMed

    Jones, Craig G A; Fearnley, Helen; Panagiotopoulos, Barbara; Kemp, Richard I

    2015-08-01

    The current study examined the relationship between two measures of impulsiveness and the odds of substance use among a sample of participants on an Australian drug court (n=80). Participants completed a computer-based delay discounting task, a paper-based delay discounting task, and a questionnaire-based measure of self-control. The delay discounting tasks measured individual differences in the value attributed to distal outcomes, which is one aspect of impulsive behavior that has been found to be over-represented among illicit drug users. The relationship between the measures of impulsiveness and the odds of substance use was assessed by fitting longitudinal panel regression models with adjustment for informative treatment dropout. Consistent with previous research, drug court participants were found to have higher discount rates (i.e. were more impulsive) than a noncriminal population of university students (n=101). Drug court participants also discounted delayed gains more than delayed losses. Delay discounting was not significantly associated with the odds of substance use on the drug court program. There was a positive relationship between the survey-based measure of impulsivity and the mean substance use frequency. The authors conclude that impulsivity is correlated with substance use among drug court participants but not when measuring impulsivity using a delay discounting paradigm.

  6. Criminal Justice Systems. Block I: Law Enforcement. Block II: The Courts. Block III: Corrections. Block IV: Community Relations. Block V: Proficiency Skills. Block VI: Criminalistics. Student Guide.

    ERIC Educational Resources Information Center

    Florida State Dept. of Education, Tallahassee. Div. of Vocational, Adult, and Community Education.

    This student guide together with an instructor guide comprise a set of curriculum materials on the criminal justice system. The student guide contains self-contained instructional material that students can study at their own pace most of the time. Six major subject areas or blocks, which are further broken down into several units, with some units…

  7. Criminal Justice Systems. Block I: Law Enforcement. Block II: The Courts. Block III: Corrections. Block IV: Community Relations. Block V: Proficiency Skills. Block VI: Criminalistics. Instructor Guide.

    ERIC Educational Resources Information Center

    Florida State Dept. of Education, Tallahassee. Div. of Vocational, Adult, and Community Education.

    This instructor guide together with a student guide comprise a set of curriculum materials on the criminal justice system. The instructor guide is a resource for planning and managing individualized, competency-based instruction in six major subject areas or blocks, which are further broken down into several units with some units having several…

  8. Domestic Violence Screening and Service Acceptance among Adult Victims in a Dependency Court Setting

    ERIC Educational Resources Information Center

    Rivers, James E.; Maze, Candice L.; Hannah, Stefanie A.; Lederman, Cindy S.

    2007-01-01

    Many child welfare systems are unable to effectively identify and address co-occurring domestic violence and child maltreatment. In response, the Dependency Court Intervention Program for Family Violence implemented a protocol to identify indicators of domestic violence in families involved with child protection proceedings. This article…

  9. Influence of Criminal Justice Involvement and Psychiatric Diagnoses on Treatment Costs Among Adults With Serious Mental Illness.

    PubMed

    Robertson, Allison G; Swanson, Jeffrey W; Lin, Hsiuju; Easter, Michele M; Frisman, Linda K; Swartz, Marvin S

    2015-09-01

    The impact of criminal justice involvement and clinical characteristics on the cost of public treatment services for adults with serious mental illnesses is unknown. The authors examined differential effects of justice involvement on behavioral health treatment costs by primary psychiatric diagnosis (schizophrenia or bipolar disorder) and also by substance use diagnosis among 25,133 adult clients of Connecticut's public behavioral health system in fiscal years 2006 and 2007. Justice-involved adults with schizophrenia had the highest costs, strongly driven by forensic hospitalizations. Addressing the cross-system burdens of forensic hospitalizations may be a sensible starting point in the effort to reduce costs in both the public behavioral health and justice systems. PMID:25975893

  10. Influence of Criminal Justice Involvement and Psychiatric Diagnoses on Treatment Costs Among Adults With Serious Mental Illness.

    PubMed

    Robertson, Allison G; Swanson, Jeffrey W; Lin, Hsiuju; Easter, Michele M; Frisman, Linda K; Swartz, Marvin S

    2015-09-01

    The impact of criminal justice involvement and clinical characteristics on the cost of public treatment services for adults with serious mental illnesses is unknown. The authors examined differential effects of justice involvement on behavioral health treatment costs by primary psychiatric diagnosis (schizophrenia or bipolar disorder) and also by substance use diagnosis among 25,133 adult clients of Connecticut's public behavioral health system in fiscal years 2006 and 2007. Justice-involved adults with schizophrenia had the highest costs, strongly driven by forensic hospitalizations. Addressing the cross-system burdens of forensic hospitalizations may be a sensible starting point in the effort to reduce costs in both the public behavioral health and justice systems.

  11. [Effect of criminal justice on civil rights apprehension].

    PubMed

    Deutsch, E

    1998-10-01

    Private law and criminal law are different in more than one way. On occasion, they overlap. Further liability may result from disregard of a criminal act. As far as the evidence is concerned, criminal law requires a higher degree of probability than private law. If the same case is subject to criminal and civil proceedings, both courts are not bound by each other's decisions.

  12. Clinical neuropsychology in the criminal forensic setting.

    PubMed

    Denney, R L; Wynkoop, T F

    2000-04-01

    This article reviews the application of clinical neuropsychology to criminal court proceedings, a complex, underserved, yet growing area of neuropsychological practice. The authors write from the perspective that the audience is primarily neurorehabilitation clinicians with limited experience in criminal matters. Discussions on the theoretical differences between clinical and forensic work, the forensic evaluation process with conceptual model, historical and current perspectives on criminal competencies and responsibility, prediction of dangerousness, and professional and ethical issues often encountered in criminal neuropsychology are provided.

  13. Substance Abuse Treatment For Adults in the Criminal Justice System. Treatment Improvement Protocol (TIP) Series 44

    ERIC Educational Resources Information Center

    Bartlett, Catalina; Dinsmore, Janet; Gilbert, J. Max; Kornblum, Annette; Latham, Joyce; Oliff, Helen; Paisner, Susan; Sutton, David

    2005-01-01

    This Treatment Improvement Protocol (TIP) provides guidelines for counselors and criminal justice personnel who treat offenders with substance use disorders. TIPs are best-practice guidelines that make the latest research in substance abuse treatment available to counselors and educators. The content was generated by a panel of experts in the…

  14. HIV Prevention for Adults With Criminal Justice Involvement: A Systematic Review of HIV Risk-Reduction Interventions in Incarceration and Community Settings

    PubMed Central

    Dumont, Dora; Operario, Don

    2014-01-01

    We summarized and appraised evidence regarding HIV prevention interventions for adults with criminal justice involvement. We included randomized and quasi-randomized controlled trials that evaluated an HIV prevention intervention, enrolled participants with histories of criminal justice involvement, and reported biological or behavioral outcomes. We used Cochrane methods to screen 32 271 citations from 16 databases and gray literature. We included 37 trials enrolling n = 12 629 participants. Interventions were 27 psychosocial, 7 opioid substitution therapy, and 3 HIV-testing programs. Eleven programs significantly reduced sexual risk taking, 4 reduced injection drug risks, and 4 increased testing. Numerous interventions may reduce HIV-related risks among adults with criminal justice involvement. Future research should consider process evaluations, programs involving partners or families, and interventions integrating biomedical, psychosocial, and structural approaches. PMID:25211725

  15. HIV prevention for adults with criminal justice involvement: a systematic review of HIV risk-reduction interventions in incarceration and community settings.

    PubMed

    Underhill, Kristen; Dumont, Dora; Operario, Don

    2014-11-01

    We summarized and appraised evidence regarding HIV prevention interventions for adults with criminal justice involvement. We included randomized and quasi-randomized controlled trials that evaluated an HIV prevention intervention, enrolled participants with histories of criminal justice involvement, and reported biological or behavioral outcomes. We used Cochrane methods to screen 32,271 citations from 16 databases and gray literature. We included 37 trials enrolling n = 12,629 participants. Interventions were 27 psychosocial, 7 opioid substitution therapy, and 3 HIV-testing programs. Eleven programs significantly reduced sexual risk taking, 4 reduced injection drug risks, and 4 increased testing. Numerous interventions may reduce HIV-related risks among adults with criminal justice involvement. Future research should consider process evaluations, programs involving partners or families, and interventions integrating biomedical, psychosocial, and structural approaches. PMID:25211725

  16. The Supreme Court's Search Ruling.

    ERIC Educational Resources Information Center

    Kelly, Margie

    The 1971 police search of a newspaper office led to the United States Supreme Court's "Zurcher v The Stanford Daily" decision that newspaper offices can permissibly be searched if it is believed that they contain materials that relate to an ongoing criminal investigation. This decision has been viewed by the press as an attack on First Amendment…

  17. The Courts and the Migrants.

    ERIC Educational Resources Information Center

    Mahood, R. Wayne; Hopf, John

    The study's objectives were to determine how many migratory farm workers were charged with criminal offenses, who they were, and how they were treated in lay courts in Orleans and Steuben Counties (New York) in 1968 and 1969. Lacking comparative data from other jurisdictions, a comparison between migrants and a random sampling of residents in…

  18. Teacher-Student Relationships in Court-Mandated Adult Education: A Phenomenological Study

    ERIC Educational Resources Information Center

    Mottern, Ron

    2013-01-01

    While there is a considerable body of literature on adult correctional education, this literature almost exclusively deals with teachers and students working within incarceration settings, where students are in jail or prison. There is a lack of research on the experiences of teachers working with students who are a part of the correctional system…

  19. Breaking into Careers in Criminal Justice.

    ERIC Educational Resources Information Center

    De Lucia, Robert C.

    1993-01-01

    Contends that young people's image of career in criminal justice field has been shaped by entertainment media and does not nearly match real thing. Describes reality of career in criminal justice and discusses how to prepare for such a career. Examines numerous career tracks in law enforcement, corrections, courts, forensic science, and private…

  20. Appellate Courts.

    ERIC Educational Resources Information Center

    Eaneman, Paulette S.; Zupanec, Nancy

    These materials are part of the Project Benchmark series designed to teach secondary students about our legal concepts and systems. This unit focuses on the structure and procedures of the California Supreme Court and the Courts of Appeal. The materials outline the historical development of the appellate courts, jurisdiction, and the appeal…

  1. Parenting and Adult Criminality: An Examination of Direct and Indirect Effects by Race

    ERIC Educational Resources Information Center

    Schroeder, Ryan D.; Bulanda, Ronald E.; Giordano, Peggy C.; Cernkovich, Stephen A.

    2010-01-01

    Parenting practices are among the strongest predictors of juvenile delinquency identified in the criminological literature and have been intimately connected to adult offending. The prior research connecting early parenting experiences with crime, however, has not systematically assessed the long-term effect of parenting style on adult criminal…

  2. Legal, Individual, and Environmental Predictors of Court Disposition in a Sample of Serious Adolescent Offenders

    PubMed Central

    Cauffman, Elizabeth; Piquero, Alex R.; Kimonis, Eva; Steinberg, Laurence; Chassin, Laurie; Fagan, Jeffery

    2009-01-01

    Historically, the juvenile court has been expected to consider each youth's distinct rehabilitative needs in the dispositional decision-making process, rather than focusing on legal factors alone. This study examines the extent to which demographic, psychological, contextual, and legal factors, independently predict dispositional outcomes (i.e., probation vs. confinement) within two juvenile court jurisdictions (Philadelphia, Phoenix). The sample consists of 1,355 14- to 18-year-old male and female juvenile offenders adjudicated of a serious criminal offense. Results suggest that legal factors have the strongest influence on disposition in both jurisdictions. For example, a higher number of prior court referrals is associated with an increased likelihood of secure confinement in both jurisdictions. Juveniles adjudicated of violent offenses are more likely to receive secure confinement in Phoenix, but are more likely to be placed on probation in Philadelphia. Race is unrelated to dispositional outcome, but, males are consistently more likely than females to be placed in secure confinement. Importantly, individual factors (e.g., developmental maturity) generally were not powerful independent predictors of disposition. Finally, an examination of the predictors of juvenile versus adult court transfer in Phoenix indicated that males, older juveniles, and those with a violent adjudicated charge were more likely to be transferred to adult court, while juveniles scoring high on responsibility as well as those juveniles with an alcohol dependence diagnosis were more likely to be retained in juvenile court. PMID:17245634

  3. Asperger's disorder and the criminal law.

    PubMed

    Freckelton, Ian

    2011-06-01

    Asperger's Disorder has the potential to be relevant to many aspects of the functioning of the criminal justice system. However, its mere presence does not excuse or justify all offending. The inquiry into its potential relevance to criminal offending and sentencing must be both contextual and informed by suitably qualified expert evidence. This column reviews court decisions in respect of offences of physical violence, sexual violence, arson, stalking/harassing and computer offences across a range of jurisdictions to evaluate how courts have latterly incorporated Asperger's Disorder into decisions about criminal responsibility and culpability.

  4. Defendants with Intellectual Disabilities and Mental Health Diagnoses: Faring in a Mental Health Court

    ERIC Educational Resources Information Center

    Burke, M. M.; Griggs, M.; Dykens, E. M.; Hodapp, R. M.

    2012-01-01

    Background: Begun in the late 1990s, mental health courts are specialty criminal courts developed to address the needs of persons with mental illness. Methods: As many persons with intellectual disabilities (IDs) may overlap in the mental health court system, we used mental health court records to examine the phenomenology and outcomes of 224…

  5. Troubled Children Grown-Up: Antisocial Behavior in Young Adult Criminals.

    ERIC Educational Resources Information Center

    Kemp, Dawn; Center, David

    2000-01-01

    This study evaluated Eysenck's hypothesis that an antisocial temperament in interaction with socialization, intelligence, and achievement puts an individual at risk of antisocial behavior. Recently paroled young adult males (N=107) were assessed for temperament, socialization, and juvenile behavior. The sample differed in predicted directions from…

  6. Psychiatric aspects of criminal responsibility: insanity and mitigation.

    PubMed

    Burrows, Maureen; Reid, William H

    2011-11-01

    Forensic psychiatry expertise may be useful to criminal courts in several ways, including evaluating competence (e.g., to stand trial, waive Miranda rights, confess, plead, represent oneself, or be sentenced), assessing responsibility for alleged criminal behavior, and clarifying mental or psychosocial factors that may mitigate criminal charges or the form and severity of punishment. This column focuses on psychiatric/psychological aspects of mitigation in criminal matters.

  7. Juvenile penalty or leniency: Sentencing of juveniles in the criminal justice system.

    PubMed

    Jordan, Kareem L; McNeal, Brittani A

    2016-08-01

    The purpose of this study is to examine the impact of being juvenile on sentencing in the criminal justice system. More specifically, youth transferred to criminal court are compared to adults in terms of likelihood of incarceration, jail length, and prison length. In this study, 2 national data sets are merged. The juvenile sample includes 3,381 convicted offenders, and the adult sample is comprised of 6,529 convicted offenders. The final sample is 9,910 offenders across 36 U.S. counties. The key independent variable is juvenile status, and the dependent variables are incarceration, jail length, and prison length. Because of the multilevel nature of the data, hierarchical linear modeling is used across all models. Juveniles are punished less severely in the jail incarceration decision. However, when youth are actually sentenced to incarceration (either jail or prison), they are given longer confinement time than adults. (PsycINFO Database Record PMID:26974365

  8. Juvenile penalty or leniency: Sentencing of juveniles in the criminal justice system.

    PubMed

    Jordan, Kareem L; McNeal, Brittani A

    2016-08-01

    The purpose of this study is to examine the impact of being juvenile on sentencing in the criminal justice system. More specifically, youth transferred to criminal court are compared to adults in terms of likelihood of incarceration, jail length, and prison length. In this study, 2 national data sets are merged. The juvenile sample includes 3,381 convicted offenders, and the adult sample is comprised of 6,529 convicted offenders. The final sample is 9,910 offenders across 36 U.S. counties. The key independent variable is juvenile status, and the dependent variables are incarceration, jail length, and prison length. Because of the multilevel nature of the data, hierarchical linear modeling is used across all models. Juveniles are punished less severely in the jail incarceration decision. However, when youth are actually sentenced to incarceration (either jail or prison), they are given longer confinement time than adults. (PsycINFO Database Record

  9. Los Angeles County drug court programs: initial results.

    PubMed

    Fielding, Jonathan E; Tye, Grace; Ogawa, Patrick L; Imam, Iraj J; Long, Anna M

    2002-10-01

    Los Angeles County established its first drug court program in 1994 in response to escalating criminal activity associated with substance abuse and overcrowded jails. This paper describes results of an evaluation of 803 drug court participants admitted to the program between 1994 and 1997. Of all drug court participants, 76% remained free of any new arrests throughout the one-year followup period, compared to 63% of participants in a drug diversion education program and 49% of the felony defendants not exposed to either program. Of offenders completing the drug court program 80% had no arrests, compared to 67% for non-completers. Drug related re-arrests were significantly lower among drug court graduates (13%) than offenders with no program participation (30%). The study results suggest that drug court participation and graduation decrease the likelihood of repeated arrests, including drug-related arrests. Drug courts represent a promising collaboration between criminal justice and public health agencies.

  10. Supreme Court Potpourri.

    ERIC Educational Resources Information Center

    Update on Law-Related Education, 1989

    1989-01-01

    Examines several recent Supreme Court decisions and comments on the implications of those decisions. Looks at powers of the National Collegiate Athletic Association, the picketing of private homes, involuntary servitude, alcoholism, displaying of adult literature, attorney advertisements, confronting one's accuser, physician peer review…

  11. Supreme Court rejects challenge to FACE.

    PubMed

    1996-10-25

    On October 7, the US Supreme Court declined to hear Skott vs. US, a case challenging the Freedom of Access to Clinic Entrances Act (FACE). The 1994 law makes it a federal crime to use or attempt to use force, threat of force, or physical obstruction to injure, intimidate, or interfere with reproductive health care providers and their patients. The case came to the High Court after the US Court of Appeals for the Seventh Circuit overturned an earlier district court ruling and upheld the constitutionality of the federal statute in December 1995. Six Wisconsin anti-choice protestors, who had been arrested in September 1994 after participating in a blockade of a Milwaukee women's health facility, had successfully petitioned the US District Court for the Eastern District of Wisconsin to dismiss criminal charges based on FACE. While the district court held that Congress had no authority under the Commerce Clause or under the Fourteenth Amendment of the US Constitution to enact FACE, the appellate panel found that the lower court had not given sufficient consideration to congressional findings that the activities restricted by FACE substantially affect interstate commerce and are subject to the regulatory power of Congress. FACE has been upheld by the US Courts of Appeal for the Fourth, Eighth, and Eleventh Circuits and eleven federal district courts. Two district courts have found the law invalid. This marks the third time the High Court has refused to hear a challenge to the law.

  12. Supreme Court rejects challenge to FACE.

    PubMed

    1996-10-25

    On October 7, the US Supreme Court declined to hear Skott vs. US, a case challenging the Freedom of Access to Clinic Entrances Act (FACE). The 1994 law makes it a federal crime to use or attempt to use force, threat of force, or physical obstruction to injure, intimidate, or interfere with reproductive health care providers and their patients. The case came to the High Court after the US Court of Appeals for the Seventh Circuit overturned an earlier district court ruling and upheld the constitutionality of the federal statute in December 1995. Six Wisconsin anti-choice protestors, who had been arrested in September 1994 after participating in a blockade of a Milwaukee women's health facility, had successfully petitioned the US District Court for the Eastern District of Wisconsin to dismiss criminal charges based on FACE. While the district court held that Congress had no authority under the Commerce Clause or under the Fourteenth Amendment of the US Constitution to enact FACE, the appellate panel found that the lower court had not given sufficient consideration to congressional findings that the activities restricted by FACE substantially affect interstate commerce and are subject to the regulatory power of Congress. FACE has been upheld by the US Courts of Appeal for the Fourth, Eighth, and Eleventh Circuits and eleven federal district courts. Two district courts have found the law invalid. This marks the third time the High Court has refused to hear a challenge to the law. PMID:12320456

  13. "Bad genes" & criminal responsibility.

    PubMed

    González-Tapia, María Isabel; Obsuth, Ingrid

    2015-01-01

    The genetics of the accused is trying to break into the courts. To date several candidate genes have been put forward and their links to antisocial behavior have been examined and documented with some consistency. In this paper, we focus on the so called "warrior gene", or the low-activity allele of the MAOA gene, which has been most consistently related to human behavior and specifically to violence and antisocial behavior. In preparing this paper we had two objectives. First, to summarize and analyze the current scientific evidence, in order to gain an in depth understanding of the state of the issue and determine whether a dominant line of generally accepted scientific knowledge in this field can be asserted. Second, to derive conclusions and put forward recommendations related to the use of genetic information, specifically the presence of the low-activity genotype of the MAOA gene, in modulation of criminal responsibility in European and US courts.

  14. "Bad genes" & criminal responsibility.

    PubMed

    González-Tapia, María Isabel; Obsuth, Ingrid

    2015-01-01

    The genetics of the accused is trying to break into the courts. To date several candidate genes have been put forward and their links to antisocial behavior have been examined and documented with some consistency. In this paper, we focus on the so called "warrior gene", or the low-activity allele of the MAOA gene, which has been most consistently related to human behavior and specifically to violence and antisocial behavior. In preparing this paper we had two objectives. First, to summarize and analyze the current scientific evidence, in order to gain an in depth understanding of the state of the issue and determine whether a dominant line of generally accepted scientific knowledge in this field can be asserted. Second, to derive conclusions and put forward recommendations related to the use of genetic information, specifically the presence of the low-activity genotype of the MAOA gene, in modulation of criminal responsibility in European and US courts. PMID:25708001

  15. Observations of reintegrative shaming in a mental health court.

    PubMed

    Ray, Bradley; Dollar, Cindy Brooks; Thames, Kelly M

    2011-01-01

    This study compares the use of stigmatizing and reintegrative shame - as specified in Braithwaite's Crime, shame and reintegration (1989) - across traditional criminal court and mental health court settings. Items from the Global Observational Ratings Instrument were used to gather data on 87 traditional court cases and 91 mental health court cases, presided over by five different judges. The observational items capture three constructs: respect, disapproval, and forgiveness, as they apply to Braithwaite's theory. We present means tests to examine differences in shaming between court types and judges. Findings show that the mental health court is more likely to use reintegrative shaming and show respect and forgiveness for offenders, and less likely to show disapproval. Similarly, judges who preside in both court types are significantly more likely to practice reintegrative shaming in the mental health court context. We further explore these findings using field notes and illustrate those components of a mental health court that are conducive to reintegrative shaming.

  16. Understanding success and nonsuccess in the drug court.

    PubMed

    Fulkerson, Andrew; Keena, Linda D; O'Brien, Erin

    2013-10-01

    The drug court was developed as a response to the ineffectiveness of the traditional criminal justice response to addiction. It has grown from 1 Miami court in 1989 to more than 2,100 drug court programs across the United States in 2011. The drug court has been described as a restorative or community justice intervention that can benefit the offender, direct and indirect victims, and the community as a whole through its combination of treatment, intensive supervision, and regular court appearances. Although the number of qualitative drug court studies has increased in recent years, there are few studies that compare those who successfully complete the drug court program with those who do not complete. This article is a qualitative study of drug court participants in an Arkansas drug court program. The article compares and contrasts the perceptions of those graduated from the program with those who were terminated from the program.

  17. 32 CFR 720.13 - Request for delivery of members serving sentence of a State court.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    .... (a) General. Ordinarily, members serving protracted sentences resulting from a State criminal..., pursuant to conviction by a State court, to resolve criminal charges against the member before a court... the State penal system. The request shall designate the person(s) to whom the member is to...

  18. 32 CFR 720.13 - Request for delivery of members serving sentence of a State court.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    .... (a) General. Ordinarily, members serving protracted sentences resulting from a State criminal..., pursuant to conviction by a State court, to resolve criminal charges against the member before a court... the State penal system. The request shall designate the person(s) to whom the member is to...

  19. The Courts.

    ERIC Educational Resources Information Center

    Skibine, Alex

    1980-01-01

    Overview of some of the most important Indian court cases of the last decade, including ones regarding treaty rights, tribal jurisdiction and sovereignty, tax jurisdiction, land claims, and hunting and fishing rights. (DS)

  20. Association between Criminal Thinking and Reading Level

    ERIC Educational Resources Information Center

    Heintschel, Karen L.

    2009-01-01

    The purpose of this study is to analyze a relationship between adult, male inmate's criminal attitudes and reading level. Data is derived from the secondary assessments, Criminal Sentiments Scale-Modified (CSS-M) and the reading scores from the Test of Adult Basic Education (TABE). The sample size is 112 adult, males incarcerated at California…

  1. Pathological gambling and criminal responsibility.

    PubMed

    Rachlin, S; Halpern, A L; Portnow, S L

    1986-01-01

    There exists significant interdisciplinary support for eliminating the volitional component of the insanity defense. Somewhat in contrast to this trend is the presentation of pathological gambling as a potentially exculpatory condition in criminal trials. The authors discuss three federal appellate court decisions on this attempted inappropriate usage of psychiatric diagnostic nomenclature. All have upheld convictions, and thereby rejected contentions that such an impulse disorder can form the basis for a valid plea of lack of criminal responsibility. It is suggested that the public interest will be served by statutorily making disturbances of behavioral control insufficient to raise a defense of insanity.

  2. Voluntary intoxication and criminal responsibility.

    PubMed

    Marlowe, D B; Lambert, J B; Thompson, R G

    1999-01-01

    This paper reviews the law related to voluntary intoxication and criminal responsibility in the 50 United States, the District of Columbia, the US Virgin islands, and Puerto Rico. Statutory and case law citations are provided which govern the use of intoxication evidence in each jurisdiction to negate mens rea (i.e., to establish diminished capacity), to support an insanity defense, and to mitigate criminal sentencing. Factors that courts typically focus on when deciding whether to admit this evidence in a particular case are discussed, and these factors are related to clinically relevant criteria.

  3. 78 FR 65933 - Restrictions on Legal Assistance With Respect to Criminal Proceedings

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-04

    ... tribal court is not a `criminal proceeding.' '' 41 FR 38506, Sept. 10, 1976. Neither the proposed rule... assistance with respect to criminal proceedings in tribal courts. 78 FR 27341, May 10, 2013. Additionally... tribal jurisdictions and on tribal appointments of defense counsel. 78 FR 27341, May 10, 2013....

  4. Swan Song for the Burger Court.

    ERIC Educational Resources Information Center

    Hayman, Robert L., Jr.; Ramarui, Cornelis O.

    1986-01-01

    Reviews a collection of decisions rendered by the Burger Court during its waning months. The decisions involve (1) criminal procedures, (2) racial bias in jury selection, (3) search and seizure, and (4) the exclusion of jurors who have reservations about the death penalty. (JDH)

  5. Mental Retardation and the Law: A Report on Status of Current Court Cases.

    ERIC Educational Resources Information Center

    Friedman, Paul, Ed.; Beck, Ronna Lee, Ed.

    Included in the booklet on mental retardation and the law are reports on 11 new court cases and updated information on 35 court cases reported in previous issues. Court cases cover the following issues: architectural barriers, commitment, criminal law, education, employment, guardianship, protection from harm, sterilization, treatment, and zoning.…

  6. Secondary Prevention Services for Clients Who Are Low Risk in Drug Court: A Conceptual Model

    ERIC Educational Resources Information Center

    DeMatteo, David S.; Marlowe, Douglas B.; Festinger, David S.

    2006-01-01

    The drug court model assumes that most drug offenders are addicts, and that drug use fuels other criminal activity. As a result, drug court clients must satisfy an intensive regimen of treatment and supervisory obligations. However, research suggests that roughly one third of drug court clients do not have a clinically significant substance use…

  7. Learning difficulties: a retrospective study of their co morbidity and continuity as indicators of adult criminal behaviour in 18-70-year-old prisoners.

    PubMed

    Zakopoulou, Victoria; Pashou, Theodora; Tzavelas, Panagiotis; Christodoulides, Pavlos; Anna, Milona; Iliana, Kolotoura

    2013-11-01

    The development of learning difficulties is associated with problems in external (executive) and extensive behaviour in a co-occurrence with psycho-emotional problems beginning from pre-school, school age, and adolescence up to adulthood. Through the current survey, we aim to emphasise the early role of learning difficulties during the school age and adolescence of prisoners and their effects on the onset of offending behaviours in adulthood, such as criminal behaviour. Altogether, we studied 117 Greek adult prisoners from 18 to 70 years old who were accused of different types or degrees of offences. Through statistical analyses, the following factors were observed with high statistical significance as early indicators of criminal behaviour in the adult lives of the prisoners: (i) learning difficulties, (ii) family problems, (iii) behaviour disorders, (iv) developmental disorders, and (v) psycho-emotional disorders. As a result, the learning difficulties were assumed to be the most decisive factor in the developmental progression of prisoners because they manifested early in the prisoners' lives, weakened the prisoners to be competitive and robust, provoked a bad self-image and low self-esteem, and, in the frame of a weak or negative family and educational environment, they accompanied antisocial behaviour and psycho-emotional disorders even from adolescence, which continued into adulthood.

  8. Syllabus Design and Construction in Criminal Justice Education.

    ERIC Educational Resources Information Center

    Culbertson, Robert G.; Carr, Adam F.

    Undergraduate course syllabi on law enforcement, courts-law, corrections, and general criminal justice-criminology were assessed, based on 759 usable submissions from 193 junior, community, and senior colleges and universities. Based on the analysis, a set of syllabi to represent the core of a criminal justice curriculum was constructed. Course…

  9. 22 CFR 505.12 - Civil remedies and criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 2 2012-04-01 2009-04-01 true Civil remedies and criminal penalties. 505.12 Section 505.12 Foreign Relations BROADCASTING BOARD OF GOVERNORS PRIVACY ACT REGULATION § 505.12 Civil remedies and criminal penalties. (a) Grounds for court action. You will have a remedy in the...

  10. 22 CFR 505.12 - Civil remedies and criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil remedies and criminal penalties. 505.12 Section 505.12 Foreign Relations BROADCASTING BOARD OF GOVERNORS PRIVACY ACT REGULATION § 505.12 Civil remedies and criminal penalties. (a) Grounds for court action. You will have a remedy in the...

  11. 22 CFR 505.12 - Civil remedies and criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Civil remedies and criminal penalties. 505.12 Section 505.12 Foreign Relations BROADCASTING BOARD OF GOVERNORS PRIVACY ACT REGULATION § 505.12 Civil remedies and criminal penalties. (a) Grounds for court action. You will have a remedy in the...

  12. Pathological States and Criminal Responsibility

    PubMed Central

    Wilson, D. Laurence

    1965-01-01

    The doctor is embarrassed in court when asked to testify to the effects of illness on a defendant's capability “of appreciating the nature and quality of an act or omission or of knowing that an act or omission is wrong”. The source of his difficulty is traced to the legal concepts of “guilt”, “crime” and “punishment” which imply a legal view of man at variance with our modern biological view. To abolish this discrepancy we need not accept a medical model for criminal law where “crime” is analogous to “disease”, and “punishment” to “treatment”. A pragmatic approach to the handling of the criminal could exclude the notions of “guilt” and “punishment” and yet fulfil the rational goals of protecting society from the criminal and of compensating his victims. PMID:14341653

  13. The psychiatric defence and international criminal law.

    PubMed

    Tobin, John

    2007-01-01

    Following the development of the International Criminal Court (ICC) the mental state of the perpetrators of genocide, crimes against humanity and war crimes will become a more important issue in regard to defence and mitigating factors. This article examines how the International Criminal Tribunal for the Former Yugoslavia (ICTY) in particular has dealt with the mental illness defence to date, and how its judgements can serve as guidance for the ICC as it becomes the major international court of the future. The absence of a mental health defence in the Statutes of the ICTY and the International Criminal Tribunal for Rwanda has led to a reliance on the Rules of Procedure and Evidence of the two tribunals. There are major difficulties in using the mental health defence as it is defined in the Statutes of the ICC because of a requirement for the destruction of mental capacity as a valid defence. Fitness to plead and the defence of intoxication are also examined.

  14. Psychiatric court reports in Iceland 1970-1982.

    PubMed

    Gudjonsson, G H; Petursson, H

    1984-07-01

    This paper looks closely at psychiatric court reports in criminal cases in Iceland. Psychiatric court reports are in the great majority of cases requested by the State Criminal Investigation Police (SCIP) on behalf of the court in major criminal cases (e.g. homicide, sexual offences, arson, physical assault). Reports are very rarely requested by the defence. During the 13-year period 1970-1982 there were 97 requests for psychiatric reports by the police/court (i.e. an annual rate of about 7.5 reports). About two-thirds of the defendants were found to have some psychiatric abnormality, although only a minority (8%) were considered criminally insane at the time of the offence. Psychiatric reports were most often requested to assess criminal responsibility, and, to a much lesser extent, sentencing issues. Psychiatric experts almost never have to present their evidence in person in court, nor are they cross-examined on their evidence. This paper discusses some of the strengths and limitations of psychiatric evidence in Iceland, and the need for an organized forensic service.

  15. Understanding the Federal Courts.

    ERIC Educational Resources Information Center

    Administrative Office of the United States Courts, Washington, DC.

    This booklet discusses the workings of the federal courts and supports six law-related lesson plans. It is divided into the following sections: "The Constitution and the Federal Judiciary"; "The Federal Courts in American Government" ("The Federal Courts and Congress"; "The Federal Courts and the Executive Branch"; "The Federal Courts and the…

  16. ANNOTATION TAKEN, IN THE PERSPECTIVE OF CRIMINAL AND CONSTITUTIONAL LAW, AS WELL AS IN CRIMINOLOGY, TO THE DECISION OF THE PORTUGUESE CONSTITUTIONAL COURT, OF JANUARY 13, 2011--WITH RESPECT TO THE PROBLEMS OF "CONSENT" AND "MEDICAL ACT".

    PubMed

    Bandeira, Gonçalo S de Melo

    2014-07-01

    1--Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2--Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President)--in terms of the appositive declaration to the sentence n. 487/2010: t.c.http://www. tribunalconstitucional.pt, August 1, 2011; 3--Brief annotation to the problem of the "medical act"; 3.1--Plus some conclusions on the brief annotation to the problem of the "medical act"; 3.2--Brief annotation to the problem of "consent"--continuation of the previous comments; 4--Conclusions. It must never be forgotten that "consent" does not stand as the only cause of exclusion of unlawfulness.

  17. Postcode Criminals

    ERIC Educational Resources Information Center

    Hiett, Sandra; Kushner, Joann

    2013-01-01

    Postcode Criminals was the second phase of an international participatory community arts project challenging negative stereotypes of urban youth. Concerned with the impact of zero tolerance community policing strategies in the UK and USA, artists Joann Kushner and Dread Scott developed an art-based project with a social justice agenda. To give…

  18. Victim-induced criminality.

    PubMed

    Fooner, M

    1966-09-01

    In summary, there are certain issues that need to be dealt with if a coherent system of victim compensation is to be created. 1) Is the victim's entitlement to compensation qualified by his behavior in connection with the crime? If a Texas tycoon visits a clip joint, flashes a fat roll of bills, and gets hit on the head and rolled, is he entitled to compensation? If a man enters into a liaison with another's wife and gets shot by the husband, should his dependents be compensated? If a woman goes walking alone in a disreputable neighborhood and is assaulted, is she entitled to compensation? Unless the answer to such questions is a flat "yes," the adjudication of victim compensation as a "right" would be embarkation upon a vast sea of confusion. On the surface it may seem simpler to bypass the issue of "right" and declare for victim compensation as a matter of social policy-a logical extension of the welfare state approach. But the apparent simplicity may quickly prove illusory, in light of the second issue. 2) Is the victim's entitlement to compensation on the basis of indigency to be qualified by the requirement that an offender be apprehended and his guilt determined by a court? There are two levels to this problem. First, if a severely injured man reports to police that he has been mugged and robbed and if the police cannot apprehend a suspect, how is the administrator of compensation to know that the man is in fact the victim of a crime? The administrator of compensation must determine whether the episode was a criminal act or an argument-and who started it, and who precipitated the violence. What shall be the role of the witnesses, and of investigators? More important is the second level of the problem: How will law-enforcement of ficials and the courts evaluate the testimony of the victim if compensation of the victim may be at stake? In the evaluation of proposals for victim compensation, criminologists may need to think very hard about such questions and

  19. Avoiding criminal liabilities

    SciTech Connect

    Blattner, J.W. ); Bramble, G.M. )

    1994-06-01

    Armed with more than 120 investigative agents, the US Environmental Protection Agency, through its attorneys at the Dept. of Justice, charges 5 to 10 engineers and business people with criminal violations of the nation's environmental regulations in any given week. There are some 10,000 pages of federal (let alone state) environmental regulations. The rules apply to large and small companies alike. As a practical matter, the sheer scope and complexity of environmental regulatory programs make 100% compliance virtually unattainable for most industrial enterprises. Where it is no longer a defense to claim lack of knowledge of one's regulatory obligations, and where courts allow the inference of criminal knowledge based on what the defendant should have known, what is a company to do The environmental audit provides a solution to this problem. Progressive audit programs are established with three goals in mind: to ensure that programs and practices at facilities are in compliance with applicable rules and regulations; to affirm that management systems are in place at the facilities to support ongoing compliance; and to identify needs or opportunities where it may be desirable to go beyond compliance to protect human health and the environment. This paper discusses the implementation of an audit program.

  20. Memory disorders in the law courts.

    PubMed

    Kopelman, Michael

    2013-01-01

    This paper reviews the ways in which memory disorders and memory distortions arise in the criminal courts. Amnesia for offences is considered in terms of automatisms, alcohol, and crimes of passion. False memories arise in false confessions, allegations of false memory for child sexual abuse, and, just occasionally, with respect to delusional memories. More generally, memory and neuropsychiatric disorders may have implications at each stage of the legal process (fitness to plead, the insanity defence, cases of automatism, diminished responsibility, and at sentencing). However, patients with memory and neuropsychiatric disorders remain very vulnerable within legal and court processes. PMID:23492890

  1. Memory disorders in the law courts.

    PubMed

    Kopelman, Michael

    2013-01-01

    This paper reviews the ways in which memory disorders and memory distortions arise in the criminal courts. Amnesia for offences is considered in terms of automatisms, alcohol, and crimes of passion. False memories arise in false confessions, allegations of false memory for child sexual abuse, and, just occasionally, with respect to delusional memories. More generally, memory and neuropsychiatric disorders may have implications at each stage of the legal process (fitness to plead, the insanity defence, cases of automatism, diminished responsibility, and at sentencing). However, patients with memory and neuropsychiatric disorders remain very vulnerable within legal and court processes.

  2. Juvenile Drug Courts and Teen Substance Abuse

    ERIC Educational Resources Information Center

    Butts, Jeffrey A., Ed.; Roman, John, Ed.

    2004-01-01

    Juvenile justice officials across the United States are embracing a new method of dealing with adolescent substance abuse. Importing a popular innovation from adult courts, state and local governments have started hundreds of specialized drug courts to provide judicial supervision and coordinate substance abuse treatment for drug-involved…

  3. Mentally disordered criminal offenders in the Swedish criminal system.

    PubMed

    Svennerlind, Christer; Nilsson, Thomas; Kerekes, Nóra; Andiné, Peter; Lagerkvist, Margareta; Forsman, Anders; Anckarsäter, Henrik; Malmgren, Helge

    2010-01-01

    Historically, the Swedish criminal justice system conformed to other Western penal law systems, exempting severely mentally disordered offenders considered to be unaccountable. However, in 1965 Sweden enforced a radical penal law abolishing exceptions based on unaccountability. Mentally disordered offenders have since then been subjected to various forms of sanctions motivated by the offender's need for care and aimed at general prevention. Until 2008, a prison sentence was not allowed for offenders found to have committed a crime under the influence of a severe mental disorder, leaving forensic psychiatric care the most common sanction in this group. Such offenders are nevertheless held criminally responsible, liable for damages, and encumbered with a criminal record. In most cases, such offenders must not be discharged without the approval of an administrative court. Two essentially modern principles may be discerned behind the "Swedish model": first, an attempted abolishment of moral responsibility, omitting concepts such as guilt, accountability, atonement, and retribution, and, second, the integration of psychiatric care into the societal reaction and control systems. The model has been much criticized, and several governmental committees have suggested a re-introduction of a system involving the concept of accountability. This review describes the Swedish special criminal justice provisions on mentally disordered offenders including the legislative changes in 1965 along with current proposals to return to a pre-1965 system, presents current Swedish forensic psychiatric practice and research, and discusses some of the ethical, political, and metaphysical presumptions that underlie the current system.

  4. Teaching Hispanic Culture to Criminal Justice Personnel.

    ERIC Educational Resources Information Center

    Reyes-Cairo, Orlando M.

    A course in comparative Hispanic/American culture was developed for a criminal justice training center to provide exposure to Hispanic cultural norms to local criminal justice workers. The participants included employees in the fields of adult probation, health care, and alcohol and drug programs. Hispanic participants provided a valuable…

  5. Long-term recidivism of mental health court defendants.

    PubMed

    Ray, Bradley

    2014-01-01

    The first MHC was established in 1997 and now, over 15years later, there are over 300 mental health courts in the United States. In a relatively short time these courts have become an established criminal justice intervention for persons with a mental illness. However, few studies have looked at the long-term outcomes of MHCs on criminal recidivism. Of the studies evaluating the impact of MHCs on criminal recidivism, most follow defendants after entry into the court during their participation, and only a few have followed defendants after court exit for periods of one or two years. This study follows MHC defendants for a minimum of five years to examine recidivism post-exit with particular attention to MHC completion's effect. Findings show that 53.9% of all MHC defendants were rearrested in the follow-up and averaged 15months to rearrest. Defendants who completed MHC were significantly less likely to be rearrested (39.6% vs. 74.8%), and went longer before recidivating (17.15months vs. 12.27months) than those who did not complete. This study suggests that MHCs can reduce criminal recidivism among offenders with mental illness and that this effect is sustained for several years after defendants are no longer under the court's supervision.

  6. Premenstrual syndrome as a criminal defense.

    PubMed

    Lewis, J W

    1990-10-01

    Premenstrual syndrome may be effective as an affirmative defense to a criminal charge if the defendant can show that (i) she was suffering from premenstrual syndrome at the time the crime was committed; and (ii) because of her condition, either that the criminal act was an involuntary act or that at the time of the criminal act she did not possess the mental state required by law for the commission of a crime. Premenstrual syndrome has been successfully pleaded as a criminal defense in Great Britain but has not been tested in American criminal courts. It may now be possible, however, because of the increase of behavioral, psychological, and physiological studies precisely characterizing premenstrual syndrome and elucidating the necessary criteria for its accurate diagnosis, for the appropriate defendant to assert this defense in an American court. This paper discusses (i) the use of recent scientific data to demonstrate the existence of premenstrual syndrome; (ii) the use of standardized psychological tests or physiological assays to demonstrate that the defendant suffers from premenstrual syndrome; and, (iii) the legal choices to be made and evidentiary hurdles that must be overcome in presenting a premenstrual syndrome defense.

  7. Autism spectrum disorder: forensic issues and challenges for mental health professionals and courts.

    PubMed

    Freckelton, Ian

    2013-09-01

    Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for mental health professionals closely familiar with both the disorder and forensic exigencies to educate courts about the inner world of those with ASD. Highlighting areas of criminality that court decisions have dealt with, especially in relation to persons with Asperger's Disorder, as defined by DSM-IV, it calls for further research on the connection between ASD, on the one hand, and conduct, capacities and skills, on the other hand. It urges enhancement of awareness of the forensic repercussions of the disorder so that expert evidence can assist the courts more humanely and informedly to make criminal justice and other decisions.

  8. Vulnerable populations: drug court program clients.

    PubMed

    Speck, Patricia M; Connor, Pamela D; Hartig, Margaret T; Cunningham, Patricia D; Fleming, Belinda

    2008-09-01

    Substance abuse and addiction are chronic conditions characterized by an inability to control one's urge to use mood- or mind-altering drugs. Recognition of the association between addictions and crime to support the addiction, along with the relapsing nature of addictions, presents treatment and management challenges for clinicians and frustration for patients and their families. Pressures to reduce the burgeoning jail population have resulted in collaboration between the treatment community and the court--a diversion program called drug court. This article reviews the drug court programs, the clients, and the processes of accountability that direct the progress toward sobriety in the drug court clients. It also argues that the drug court clients have unique health needs requiring interventions best suited for the recovering addict enrolled in a diversion program within the criminal justice system. Nurses have the ability to influence these systems and provide safety-net clinics to drug court clients through outreach, case finding, and culturally and linguistically appropriate care that can ultimately help this population to reach a higher level of wellness.

  9. Neuroscience and legal determination of criminal responsibility.

    PubMed

    Eastman, Nigel; Campbell, Colin

    2006-04-01

    Neuroscience is increasingly identifying associations between biology and violence that appear to offer courts evidence relevant to criminal responsibility. In addition, in a policy era of 'zero tolerance of risk', evidence of biological abnormality in some of those who are violent, or biological markers of violence, may be seized on as a possible basis for preventive detention in the interest of public safety. However, there is a mismatch between questions that the courts and society wish answered and those that neuroscience is capable of answering. This poses a risk to the proper exercise of justice and to civil liberties.

  10. A Guide to Our Juvenile Delinquent System: The Family Court and the Juvenile Transgressor. [Volume II].

    ERIC Educational Resources Information Center

    Addelston, Lorraine W., Ed.

    A study of the criminal justice system in New York City led to the publication in December 1982 of "A Guide to Our Criminal Justice System." A portion of the guide dealt with the steps involved in the arrest to disposition of a juvenile. On July 1, 1983, the New York State Legislature's Act to "Recodify the Family Court Act" went into effect. The…

  11. Autism Spectrum Disorder: Forensic Issues and Challenges for Mental Health Professionals and Courts

    ERIC Educational Resources Information Center

    Freckelton, Ian

    2013-01-01

    Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for…

  12. An examination of stakeholder attitudes and understanding of therapeutic jurisprudence in a mental health court.

    PubMed

    Lim, Loraine; Day, Andrew

    2016-01-01

    Mental health courts represent a key component of contemporary responses to mental illness and disability in the criminal justice system, and yet there is uncertainty about how these courts should balance their punishment and treatment roles. This paper reports an analysis of interviews with court professionals which considers their understanding of the rationale underpinning an Australian mental health court, its effectiveness in achieving its criminal justice and clinical goals, and of broader notions of therapeutic jurisprudence. This reveals considerable support for diversionary mental health court programs of this type and professional confidence that this type of program is effective. However, the analysis also highlights conflict in the practice frameworks of the different professional groups who regularly contribute to the operations of the court. Suggestions to enhance service delivery are offered. PMID:27044525

  13. An examination of stakeholder attitudes and understanding of therapeutic jurisprudence in a mental health court.

    PubMed

    Lim, Loraine; Day, Andrew

    2016-01-01

    Mental health courts represent a key component of contemporary responses to mental illness and disability in the criminal justice system, and yet there is uncertainty about how these courts should balance their punishment and treatment roles. This paper reports an analysis of interviews with court professionals which considers their understanding of the rationale underpinning an Australian mental health court, its effectiveness in achieving its criminal justice and clinical goals, and of broader notions of therapeutic jurisprudence. This reveals considerable support for diversionary mental health court programs of this type and professional confidence that this type of program is effective. However, the analysis also highlights conflict in the practice frameworks of the different professional groups who regularly contribute to the operations of the court. Suggestions to enhance service delivery are offered.

  14. Court upholds law allowing testing of rape defendants.

    PubMed

    1996-05-17

    The Appellate Division of a New Jersey Superior Court ruled that two statutes allowing sexual assault victims to require their assailants to undergo HIV-antibody testing are constitutional. This decision marks the first time the Fourth Amendment has been addressed by a New Jersey appeals court. In 1995, three teenage boys sexually assaulted a 10-year-old mentally retarded girl. Her guardians moved to have the boys tested for HIV. Superior Court Judge, Jose L. Fuentes, initially concluded that such testing would constitute an intrusion on the defendants' search and seizure rights without reassuring the victim of her own HIV status. The three-judge panel of the New Jersey Appeals Court overturned the decision, explaining that the victim's rights outweigh the assailants' right to Fourth Amendment protection. Courts in California, Illinois, and Washington have upheld mandatory testing in cases of criminal assault. PMID:11363467

  15. From the Bench -- Juvenile Courts: How and Why They Have Changed.

    ERIC Educational Resources Information Center

    Van Nuys, Heather; Blitzman, Jay; Hibbler, William; Wakefield, Dana

    2000-01-01

    Offers four judges' perspectives on the various changes in the juvenile court system focusing on the increased violence among juveniles as having the greatest effect on the courts; includes issues such as juveniles being tried in adult courts, the need to improve juvenile courts, and the role of public interest. (CMK)

  16. Effects of Juvenile Court Exposure on Crime in Young Adulthood

    ERIC Educational Resources Information Center

    Petitclerc, Amelie; Gatti, Uberto; Vitaro, Frank; Tremblay, Richard E.

    2013-01-01

    Background: The juvenile justice system's interventions are expected to help reduce recidivism. However, previous studies suggest that official processing in juvenile court fails to reduce adolescents' criminal behavior in the following year. Longer term effects have not yet been investigated with a rigorous method. This study used…

  17. Small Claims Court.

    ERIC Educational Resources Information Center

    McKitric, Eloise; Davis, Janet

    The study examined individuals and companies who used small claims courts and the results of decisions reached in small claims cases. A review of studies including an empirical study of two Ohio small claims courts monitored for 12 months made it clear that small claims courts need to be examined to determine if utilization and accessibility to…

  18. Order in the Court!

    ERIC Educational Resources Information Center

    Farbman, Madeline

    2005-01-01

    This fall teachers will have the infrequent, but valuable opportunity to teach children about the Supreme Court and its confirmation process. The appointment of a new Justice lets students witness the Court's role and how the three branches of government work together. Teachers also report that the Court is a favorite topic because children can…

  19. Court diversion in perspective.

    PubMed

    James, David V

    2006-01-01

    Court diversion schemes have been running for a decade in New Zealand and are increasing in number in Australia. This paper aims to give an international and historical context to these developments, by reference to psychiatric initiatives at courts in the US and in England and Wales. From a review of the specialist literature, an account is given of three forms of psychiatric intervention in courts over the last 90 years: court psychiatric clinics and mental health courts in the US, and court diversion schemes in England and Wales. High levels of psychiatric morbidity among prisoners, coupled with a continuing increase in prisoner numbers, demonstrate the need for systems for dealing with mentally ill people who come before the courts. Court diversion in England and Wales developed as part of a system where the mentally ill who are found guilty are sent to hospital in lieu of any other sentence. Its focus is on a form of psychiatric triage, and its ethos is the health of the patient. Court psychiatric clinics in the US grew up as an alternative to assessment in prison. Their focus has been on full psychiatric evaluation in an insanity and incompetence jurisdiction. The ethos has been that of serving the court. Mental health courts are heavily influenced by ideas of therapeutic jurisprudence, and their emphasis has been on a judge holding minor offenders in community care through the threat of judicial sanction. Experience in England and Wales has shown that court diversion can be a powerful and effective intervention. In order for it to function properly, those running court schemes need direct admission rights to psychiatric beds, both open and locked. Court diversion schemes are best as part of a spectrum of services to police stations, courts and prisons, which involved both general and forensic psychiatrists.

  20. 8 CFR 1003.41 - Evidence of criminal conviction.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 8 Aliens and Nationality 1 2011-01-01 2011-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of...

  1. 8 CFR 1003.41 - Evidence of criminal conviction.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 8 Aliens and Nationality 1 2013-01-01 2013-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of...

  2. 8 CFR 1003.41 - Evidence of criminal conviction.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 8 Aliens and Nationality 1 2014-01-01 2014-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of...

  3. 8 CFR 1003.41 - Evidence of criminal conviction.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 8 Aliens and Nationality 1 2012-01-01 2012-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of...

  4. 8 CFR 1003.41 - Evidence of criminal conviction.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Evidence of criminal conviction. 1003.41 Section 1003.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of...

  5. Delinquent Histories of Adolescents Adjudicated for Criminal Sexual Conduct

    ERIC Educational Resources Information Center

    Way, Ineke; Urbaniak, Danielle

    2008-01-01

    A content analysis of closed case records from family court examined personal and family history variables for adolescents with sexually abusive behaviors who had been adjudicated for criminal sexual conduct and compared sub-groups of adolescents with (n = 72) and without (n = 80) prior other delinquent behavior. The study's findings indicate that…

  6. Salience of Crime and Support for Harsher Criminal Sanctions.

    ERIC Educational Resources Information Center

    And Others; Taylor, D. Garth

    1979-01-01

    Individuals' fear of crime and actual victimization do not lead to their being more likely to advocate harsh treatment for criminals. Also, environmental areas which differ greatly in level of victimization and level of fear do not differ in their level of support for capital punishment or harsher courts. (Author/MC)

  7. Criminal Justice: An Upper-Level Social Studies Elective.

    ERIC Educational Resources Information Center

    Eau Claire Area Public Schools, WI.

    This teaching guide outlines an 18 week elective course on criminal justice for use in grades 11 or 12. The course consists of five units and is intended to help students learn about law, crime and law enforcement, courts, corrections, and capital punishment. Throughout the course there is extensive participation of law enforcement and other…

  8. Treating Substance Abuse Offenders in the Southwestern United States: A Report Evaluating the Long-Term Effectiveness of the Yuma County Adult Drug Court

    ERIC Educational Resources Information Center

    McCarthy, Sherri; Waters, Thomas Franklin

    2003-01-01

    This report summarizes data gathered from the 64 graduates of the Yuma County Drug Court from 1998 to 2001. Those who agreed to participate were interviewed at 3, 6, 12 and/or 18 months after graduation. Instruments used included the Addiction Severity Index, the CSAT GPRA Client Outcomes Measure for Discretionary Programs and a questionnaire…

  9. Expertise of body injuries in criminal procedure.

    PubMed

    Gutevska, A; Cakar, Z; Duma, A; Poposka, V

    2008-10-01

    In the every day practice of answering questions from the area of medicine, today there is growing need for forensic medical expertise of body injuries in the criminal procedure. Furthermore, when qualifying the body injury, the expert must possess knowledge and experience not only medical, but also he/she must be aware of the legal requirements and norms from the Code of Criminal Procedure and the Criminal Code of R. Macedonia. This will enable the expert to contribute to explanation and clarification of certain facts and issues related to the body injury. In this paper, by citing Articles 255 and 256 from the Code of Criminal Procedure, it is explained how expert can be adequately selected by the court. In addition to this, by citing Article 271 from the aforementioned Code, a way of analysing body injuries is defined; and finally, defining of body injuries is explained through citing of Article 130 and 131 from the Criminal Code of R. Macedonia, which is regarding body injury and grave body injury. The aim of this paper is to outline the method of performing these forensic medical expertises, i.e. by who and when can expertise of body injuries be asked and moreover, what is the legal and ethical responsiblity of the expert during the execution of the expertise. Additionally, the steps that the expert should follow when preparing a written statement and opinion for the type of the body injury are explained. More specifically, emphasis is placed on expert's requirements after examination of injured individual; after revision of the medical documentation during expertise of body injuries in criminal subjects; and providing oral statement and opinion during the criminal procedure.

  10. Expertise in bodily injuries in criminal procedure.

    PubMed

    Gutevska, A; Cakar, Z; Duma, A; Poposka, V

    2008-07-01

    In the day-to-day practice of answering questions from the area of medicine today, there is a growing need for forensic medical expertise in bodily injuries in criminal procedure. Furthermore, when qualifying a bodily injury, the expert must possess knowledge and experience not only medical, but s/he must also be aware of the legal requirements and norms of the Code of Criminal Procedure and the Criminal Code of R. Macedonia. This will enable the expert to contribute to the explanation and clarification of certain facts and issues relating to the bodily injury. In this paper, by citing Articles 255 and 256 of the Code of Criminal Procedure, it is explained how an expert can be appropriately selected by the court. In addition to this, by citing Article 271 of the afore-mentioned Code, a way of analysing bodily injuries is defined; and finally, the definition of bodily injuries is explained through citing Articles 130 and 131 of the Criminal Code of R. Macedonia, relating to bodily injury and grave bodily injury. The aim of this paper is to outline the method of performing this forensic medical expertise, i.e. by whom and when can expertise in bodily injuries be sought and, moreover, what is the legal and ethical responsibility of the expert during the execution of the expertise. Additionally, the steps that the expert should follow when preparing a written statement and opinion on the type of the bodily injury are explained. More specifically, emphasis is placed on the expert's requirements after examination of the injured individual; after revision of the medical documentation during expert assessment of bodily injuries in the case of criminal subjects; and providing oral statements and opinions during the criminal procedure.

  11. Money Matters: Cost Effectiveness of Juvenile Drug Court with and without Evidence-Based Treatments.

    PubMed

    Sheidow, Ashli J; Jayawardhana, Jayani; Bradford, W David; Henggeler, Scott W; Shapiro, Steven B

    2012-01-01

    The 12-month cost effectiveness of juvenile drug court and evidence-based treatments within Court were compared with traditional Family Court for 128 substance abusing/dependent juvenile offenders participating in a four-condition randomized trial. Intervention conditions included Family Court with community services (FC), Drug Court with community services (DC), Drug Court with Multisystemic Therapy (DC/MST), and Drug Court with MST enhanced with a contingency management program (DC/MST/CM). Average cost effectiveness ratios for substance use and criminal behavior outcomes revealed that economic efficiency in achieving outcomes generally improved from FC to DC, with the addition of evidence-based treatments improving efficiency in obtaining substance use outcomes.

  12. PTSD as a criminal defense: a review of case law.

    PubMed

    Berger, Omri; McNiel, Dale E; Binder, Renée L

    2012-01-01

    Posttraumatic stress disorder (PTSD) has been offered as a basis for criminal defenses, including insanity, unconsciousness, self-defense, diminished capacity, and sentencing mitigation. Examination of case law (e.g., appellate decisions) involving PTSD reveals that when offered as a criminal defense, PTSD has received mixed treatment in the judicial system. Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by appellate courts in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense. However, the courts have not always found the presentation of PTSD testimony to be relevant, admissible, or compelling in such cases, particularly when expert testimony failed to show how PTSD met the standard for the given defense. In cases that did not meet the standard for one of the complete defenses, PTSD has been presented as a partial defense or mitigating circumstance, again with mixed success.

  13. The Use of Phallometric Evidence in Canadian Criminal Law.

    PubMed

    Purcell, Michael S; Chandler, Jennifer A; Fedoroff, J Paul

    2015-06-01

    The use of phallometric evidence by Canadian criminal courts has steadily increased since the early 1980s. Phallometry was initially considered by courts to be a potentially useful tool in the determination of accused persons' culpability; however, its contemporary use is limited to the postconviction contexts of sentencing and dangerous and long-term offender applications, as one of several means of diagnosing offenders, determining recidivism risk, and assessing treatment prospects. We provide an overview and assessment of the use of phallometric evidence by Canadian criminal courts and conclude that its contemporary application appears to be consistent with the expert psychiatric consensus on its proper role and function in the forensic context. We further identify potential difficulties associated with the adequacy of offenders' consent and the occasional divergence of expert opinion about the reliability and validity of phallometry for diagnosis and risk assessment.

  14. [The effect of participation of the victims in trials on their confidence in the criminal justice system: procedural justice].

    PubMed

    Shiraiwa, Yuko; Karasawa, Kaori

    2014-04-01

    To evaluate the effectiveness of the new victim participation systems, we examined whether the use of these systems had an effect on the confidence of the families of victims about the criminal justice system. The results of a questionnaire survey revealed that victims who participated in their criminal court cases had more confidence in the criminal justice system and were more accepting of the court decisions. Moreover, the present study examined the process of victims' confidence in criminal justice based on the value-expressive theory of procedural justice. In particular, the assumption was confirmed that the victims' feelings of expressing opinions resulted in their increased confidence in criminal justice through their confidence in the judges and their acceptance of court decisions.

  15. A Juvenile Drug Court Model in Southern Arizona: Substance Abuse, Delinquency, and Sexual Risk Outcomes by Gender and Race/Ethnicity

    ERIC Educational Resources Information Center

    Ruiz, Bridget S.; Stevens, Sally J.; Fuhriman, Janet; Bogart, John G.; Korchmaros, Josephine D.

    2009-01-01

    Alcohol and drug use related crimes continue to be processed in juvenile courts at high rates. One approach for addressing substance related issues has been the implementation of juvenile drug courts. Juvenile drug courts were established given the wide-spread success of adult drug courts. However, juvenile drug courts require different components…

  16. Victims' voices and victims' choices in three IPV courts.

    PubMed

    Anderson, Kristin L

    2015-01-01

    Critics of mandatory interventions for intimate partner violence (IPV) propose that the justice system disempowers victims by denying them voice and choice in legal proceedings. This exploratory study examines this claim through observations of three criminal courts. Findings show that victims are offered voice and a degree of choice in only one of the three courts. Court procedures that enhance victim voice and choice include a specialized IPV court, victim advocates trained in victims' rights issues, and a lead judge who models respectful treatment of victims. The author proposes that voice and choice are distinct aspects of victim empowerment and that the provision of voice may have benefits to IPV victims that are distinct from the benefits of choice.

  17. High court says exposure without consent is a crime.

    PubMed

    1998-09-18

    The Canadian Supreme Court held that HIV-positive people can be subjected to criminal prosecution for exposing their sex partners to HIV, if the sex partners did not know that the other was HIV-positive. The partner does not need to become infected to establish the existence of significant risk. Based on this conclusion, the Supreme Court of Canada granted a new trial of [name removed] on two counts of aggravated assault. [Name removed] had originally been acquitted of the charges by a trial court. The Supreme Court also suggested that if the use of a condom is shown to reduce the risk of infection, then a defendant may argue that it is not necessary to disclose a person's HIV status when condoms are used.

  18. [Rethinking criminal responsibility: practical application of operational diagnosis and gnostic into expert testimony].

    PubMed

    Okada, Takayuki

    2005-01-01

    There had been argument concerning the difference between the agnostic approach and the gnostic approach to the psychiatric perspective of criminal responsibility until the landmark ruling by the 3rd court of the Japanese Supreme Court in 1984. The decision upheld the gnostic approach and affirmed that the defendant's criminal responsibility should be based on such factors as psychopathology, motive, modus operandi, situation surrounding the crime, and pre-morbid personality, as long as the offense was not directly motivated by the delusion or hallucination. The gnostic explanation includes so many various factors that the psychiatric testimony cannot easily be objective, while agnostic experts can find a conclusion about criminal responsibility only by psychiatric diagnosis. To establish a standard, the authors summarized the means of determination of criminal responsibility. The authors also discussed various topics related to criminal responsibility including Asperger's syndrome, illicit drug intoxication, and prescribed drug intoxication.

  19. Paraphilia and sex offending - A South African criminal law perspective.

    PubMed

    Carstens, Pieter; Stevens, Philip

    2016-01-01

    Historically, the link between sexual deviance and criminality has been described and documented, asserted by psychiatry, and manifested in law. Laws that have regulated sexual behaviour have referred to terms such as 'sexual deviation', 'sexual perversion' or even archaic moral terms such as 'unnatural acts and unspeakable crimes against nature'. A possible link between sexual perversion, psychopathy, and criminality, specifically manifesting in sexual homicide, has been the subject of remarkable research in forensic psychiatry. This contribution examines the phenomenon of paraphilia with specific reference to its definition, diagnostic classification and characteristics, as well as a few selections of incidences of paraphilia in South African criminal case law. A brief assessment is made of how South African criminal courts have dealt with paraphilia. In this regard, an analysis is made of the criminal liability of the paraphiliac. The South African response to sexual deviation as addressed in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 will also be addressed with reference to its efficacy in addressing paraphilia within South African criminal law. The interface between criminal law and medical ethics within the context of this theme will also be canvassed. In conclusion, recommendations for possible reform are canvassed. PMID:27182003

  20. Dumb O Jemmy and Others: Deaf people, Interpreters and the London Courts in the Eighteenth and Nineteenth Centuries

    ERIC Educational Resources Information Center

    Stone, Christopher; Woll, Bencie

    2008-01-01

    This article reviews eighteenth- and nineteenth-century proceedings of the London Central Criminal Court (Old Bailey) that involved deaf people. The use, role, and status of sign language and interpreters in these settings are described. These proceedings provide important information about deaf people's experiences within the court system of the…

  1. Criminal offense, psychiatric diagnosis, and psycholegal opinion: an analysis of 894 pretrial referrals.

    PubMed

    Warren, J I; Fitch, W L; Dietz, P E; Rosenfeld, B D

    1991-01-01

    This article presents the results of a study of 894 criminal defendants referred by Virginia courts for evaluation of competency to stand trial or criminal responsibility. All evaluations were conducted on an outpatient basis by mental health professionals who had received specialized training in forensic evaluation. Findings as to the referral questions posed, the criminal offenses charged, and the clinical diagnoses and psycholegal opinions offered by the evaluators are described. Statistical analyses demonstrate significant relationships between both diagnosis and criminal charge and the psycholegal opinion rendered.

  2. Violent and criminal manifestations in dementia patients.

    PubMed

    Cipriani, Gabriele; Lucetti, Claudio; Danti, Sabrina; Carlesi, Cecilia; Nuti, Angelo

    2016-05-01

    Although the older adults have been studied as victims of violence, geriatric patients can display violent behavior. The purpose of the present review was to explore the phenomenon of criminal violations and violent acts in people with dementia. The authors used PubMed to search the MEDLINE database and other sources for original research and review articles on criminal and violent manifestation in demented patients combining the terms "criminal manifestation," "violence, aggressive behavior," "homicide," "suicide" and "homicide-suicide" together with "dementia". Possible biomarkers of violence are considered. The present review highlights the risk factors for violence in patients suffering from dementia, and reviews the literature about criminal violations and homicidal/suicidal behavior in this patient group. Geriatr Gerontol Int 2016; 16: 541-549. PMID:26460091

  3. Integrating the criminal justice system into mental health service delivery: the worcester diversion experience.

    PubMed

    Grudzinskas, Albert J; Clayfield, Jonathan C; Roy-Bujnowski, Kristen; Fisher, William H; Richardson, Maurice H

    2005-01-01

    The substantial number of persons with mental illness encountered in many sectors of the criminal justice system has spurred actors from various agencies within that system to take actions aimed at reducing the growth of this population. These actions have included the development of specialty police units, jail diversion programs, and other mechanisms for channeling persons with mental illness out of the criminal justice system and into mental health treatment. The courts, too, have become involved in this effort with the recent development of the "mental health court," the latest of the "specialty" or "problem solving courts." These courts have not been without their critics, however, nor are they the only feasible approach to court-based diversion. This paper identifies and explores a range of options for structuring the relationship between criminal courts and local mental health systems. Beginning with a discussion of the rationale motivating the development of mental health courts, two alternatives to this specialty court model are discussed. One involves judges dealing with defendants having mental illness and substance abuse on a case-by-case basis. The other takes advantages of linkages that may already exist between most courts and the mental health providers who conduct their forensic assessments, expanding the role of these providers to serve as boundary spanners between courts and the components of local mental health systems. Regardless of the model adopted, however, appropriate linkages must exist between the courts and relevant providers. A case study is provided that demonstrates how the status of a locale's linkages can be evaluated and how the information derived from such evaluation can be used to improve the linkages between police, courts, and health and human services agencies.

  4. Air Force court affirms assault conviction of major.

    PubMed

    1996-03-01

    The Air Force Court of Criminal Appeals upheld the conviction and sentencing of [name removed], who had vaginal intercourse with two women without warning them that he was HIV-positive. [Name removed] was ordered not to engage in sexual intercourse unless he first informed his partner that he was infected. He was also ordered to use condoms. According to the court martial, both of these orders were disobeyed. Both women have tested negative for HIV antibodies. On appeal, [name removed] argued that evidence was insufficient to establish that he posed a risk of transmitting the virus. The three-judge appeals panel found in favor of the Air Force. PMID:11363419

  5. Supreme Court Preview

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2006-01-01

    This article presents the Supreme Court's preview. As the 2005 term neared its June 30 end date, the Supreme Court, still adjusting to its first membership change in 11 years, had yet to decide dozens of cases that had defied quick resolution throughout the term. But with the last-minute release of seriously fractured decisions in many of the…

  6. Supreme Court Review

    ERIC Educational Resources Information Center

    Hawke, Catherine

    2011-01-01

    Many commentators have noted that the 2010 Supreme Court term was without the "fireworks" of recent years and, therefore, this year the Court garnered limited media attention and national interest. Contributing to this limited attention was the fact that the term ended with no retirements or looming confirmation battles. In addition, the term's…

  7. Supreme Court Review

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2008-01-01

    This article looks at various cases of the Supreme Court's most recent term. In contrast to the 2006-2007 term when the Supreme Court was regularly split 5-4, during this last term, the justices have formed surprising coalitions in cases considered highly controversial. For example, it was the so-called liberal bloc's Justice Stevens who wrote the…

  8. Enhancing Drug Court Success

    ERIC Educational Resources Information Center

    Deschenes, Elizabeth Piper; Ireland, Connie; Kleinpeter, Christine B.

    2009-01-01

    This study evaluates the impact of enhanced drug court services in a large county in Southern California. These enhanced services, including specialty counseling groups, educational/employment resources, and increased Residential Treatment (RT) beds, were designed to increase program retention and successful completion (graduation) of drug court.…

  9. The psychiatrist in court.

    PubMed

    Grounds, A

    1985-07-01

    Psychiatric evidence may be required on a variety of issues in different courts. Psychiatrists in court face ethical dilemmas, and psychiatric evidence can be misused. Good preparation for cross-examination and a proper understanding of the limits of professional expertise are needed.

  10. Supreme Court Update

    ERIC Educational Resources Information Center

    Taylor, Kelley R.

    2009-01-01

    "Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

  11. The Court of Consistency.

    ERIC Educational Resources Information Center

    Dowling-Sendor, Benjamin

    2003-01-01

    Analyzes "Camlin v. Beecher Community School District (Illinois)," wherein the state appellate court held that the school board violated its own drug policy when it expelled a high school student for allegedly smoking marijuana on a field trip without first offering him an opportunity to enter a drug education program. Court also held that…

  12. Insurers lose court battle

    SciTech Connect

    Lucas, A.

    1994-09-28

    Recent court disputes concerning insurance coverage of Superfund costs have resulted in the retrial of a proinsurer ruling on environmental cleanup costs for potentially responsible parties. The court rejected the insurance industry`s pollution exclusion clause by Aetna and two nonchemical companies. Supposedly this is good news for the chemical industry, because there will be more access to insurance money in Superfund cleanups.

  13. Genetics in the courts

    SciTech Connect

    Coyle, Heather; Drell, Dan

    2000-12-01

    Various: (1)TriState 2000 Genetics in the Courts (2) Growing impact of the new genetics on the courts (3)Human testing (4) Legal analysis - in re G.C. (5) Legal analysis - GM ''peanots'', and (6) Legal analysis for State vs Miller

  14. 28 CFR 115.71 - Criminal and administrative agency investigations.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Criminal and administrative agency investigations. 115.71 Section 115.71 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Adult Prisons and Jails Investigations § 115.71 Criminal...

  15. 28 CFR 115.71 - Criminal and administrative agency investigations.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Criminal and administrative agency investigations. 115.71 Section 115.71 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Adult Prisons and Jails Investigations § 115.71 Criminal...

  16. 28 CFR 115.71 - Criminal and administrative agency investigations.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Criminal and administrative agency investigations. 115.71 Section 115.71 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS Standards for Adult Prisons and Jails Investigations § 115.71 Criminal...

  17. Limitations and Potential in Current Research on Services for People with Mental Illness in the Criminal Justice System

    ERIC Educational Resources Information Center

    Draine, Jeffrey; Wilson, Amy Blank; Pogorzelski, Wendy

    2007-01-01

    Intervention at the intersection of the mental health and criminal justice systems has followed a small set of service models with limited success and a narrow impact on the quality of treatment available to people with mental illness who experience arrest, court processing, incarceration, and release. In reviewing research on police, court, and…

  18. An Exploration of How Women Probation and Parole Officers Learn to Negotiate Power and Interest in the Criminal Justice System

    ERIC Educational Resources Information Center

    Varner, Barbara Eileen

    2010-01-01

    The purpose of this narrative inquiry was to explore the ways women probation and parole officers learn to negotiate power and interests in the criminal justice system. The women are considered officers of the courts and work within the constraints of the court system. The framework that informed this study was a critical feminist lens on the…

  19. Criminal justice procedures in civil commitment.

    PubMed

    Slovenko, R

    1977-11-01

    The actions of federal district courts and state legislatures in recent years have resulted in the growing application of procedures of the criminal justice system to the civil commitment process. Increasingly patients can be confined only if they are dangerous to others, and increasingly due-process procedures of the criminal law are required, to the detriment of the patient's treatment and his survival in the community. The author says that allegations of patients' being railroaded into hospitals are, with few exceptions, fictitious. Abuses thet do exist should be handled through writs of habeas corpus and malpractice suits, remedies much more available now than in the past. The principal abuse in commitment occurs not when patients are admitted, the author believes, but at discharge, when so many patients are turned out into communities that lack proper services for them.

  20. Criminal justice procedures in civil commitment.

    PubMed

    Slovenko, R

    1977-11-01

    The actions of federal district courts and state legislatures in recent years have resulted in the growing application of procedures of the criminal justice system to the civil commitment process. Increasingly patients can be confined only if they are dangerous to others, and increasingly due-process procedures of the criminal law are required, to the detriment of the patient's treatment and his survival in the community. The author says that allegations of patients' being railroaded into hospitals are, with few exceptions, fictitious. Abuses thet do exist should be handled through writs of habeas corpus and malpractice suits, remedies much more available now than in the past. The principal abuse in commitment occurs not when patients are admitted, the author believes, but at discharge, when so many patients are turned out into communities that lack proper services for them. PMID:914239

  1. Supreme Court's New Term. Supreme Court Roundup.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2002-01-01

    Discusses the issues addressed in the 2002 U.S. Supreme Court term, such as the First, Fourth, Eighth, and Fourteenth Amendments, cruel and unusual punishment, sex offender registries, fair housing, cross burning, jury selection, affirmative action, abortion protests, and copyrights and the public domain. (CMK)

  2. The role of competency to stand trial in mental health courts.

    PubMed

    Stafford, Kathleen P; Wygant, Dustin B

    2005-01-01

    Concerns have been raised in the literature about the competency to stand trial and competency to make treatment decisions of defendants referred to mental health courts. However, there is little information reported about the evaluation and prevalence of incompetence, characteristics of incompetent mental health court defendants, and disposition of mentally ill defendants too disturbed to be diverted from the criminal justice system through mental health courts. This study reports on the 85 potential mental health court defendants referred for trial competency evaluations during the first three years of operation of the Akron Ohio Mental Health Court. Of the 80 defendants who could be located for evaluation, 77.5% were found incompetent, and 53% of the incompetent defendants were not restored to competence even after an average of 49 days of treatment in a state psychiatric hospital. The implications of these findings in terms of the diversion potential of mental health courts for the severely mentally ill are discussed.

  3. Trial by polygraph: reconsidering the use of the guilty knowledge technique in court.

    PubMed

    Ben-Shakhar, Gershon; Bar-Hillel, Maya; Kremnitzer, Mordechai

    2002-10-01

    Polygraph test results are by and large ruled inadmissible evidence in criminal courts in the US, Canada, and Israel. This is well-conceived with regard to the dominant technique of polygraph interrogation, known as the Control Question Technique (CQT), because it indeed does not meet the required standards for admissible scientific evidence. However, a lesser known and rarely practiced technique, known as the Guilty Knowledge Test (GKT), is capable, if carefully administered, of meeting the recently set Daubert criteria. This paper describes the technique, and argues for considering its admissibility as evidence in criminal courts.

  4. Supreme court of Canada's "Beautiful Mind" case.

    PubMed

    Gray, John E; O'Reilly, Richard L

    2009-01-01

    The Supreme Court of Canada's (SCC) first case involving capacity and the refusal of involuntary psychiatric treatment involved a self described "professor" who had been referred to as "Canada's Beautiful Mind". He had been found not criminally responsible on account of mental disorder for uttering death threats. While considered incapable of making a treatment decision by psychiatrists and a review board, three levels of court, including the SCC, found him to be capable. "Professor" Starson therefore continued to refuse treatment for his psychosis and spent over seven years detained because he refused the treatment required to become well enough to be released. This refusal of treatment is permitted under Ontario law, although it is not permitted in some other Canadian provinces, and in many other countries. This article describes Starson's situation, Ontario's law with respect to consent to treatment and relevant Canadian constitutional and criminal law. It provides an analysis of the Consent and Capacity Board decision and the court appeals. Implications from Starson's case are analyzed in relation to what happened to Starson, human rights and comparative law pertaining to involuntary patients' refusal of treatment, especially their relevance to the Canadian Charter of Rights and Freedoms, and laws in some other countries. Many Canadian and foreign jurisdictions where laws apparently accord with human rights codes do not allow a person to refuse the treatment required to restore their liberty. We conclude that a law that allows a person with a mental illness to be incarcerated indefinitely in a "hospital" because needed psychiatric treatment cannot, by law, be provided is not justifiable in a caring democratic jurisdiction.

  5. Abortion 1982: the Supreme Court once again.

    PubMed

    Healey, J M

    1982-11-01

    Clearly, abortion in the US continues to be a major medico-legal issue which will not go away. 5 major abortion cases are scheduled for review by the US Supreme Court during its 1982-83 term. Taken together, these 5 cases challenge several of the key conclusions of the Court's review of the abortion question. The primary focus of the cases is the state's power to regulate the abortion decision during the 1st and 2nd trimester of the pregnancy. 2 cases involve ordinances passed by the City of Akron regulating access to abortion in areas such as consent and notification requirements and the location of abortions after the 1st trimester. 2 of the cases involve a Missouri statute also dealing with the requirement that abortions after the 1st trimester be performed in a hospital. The final case involves a Virginia criminal prosecution of a physician accused of violating the state's requirement of in-hospital performance of a 2nd trimester abortion. In the case of Roe v. Wade, the Court had established the "trimester trilogy" governing state regulation of the abortion procedure. For the stage of the pregnancy prior to the end of the 1st trimester, the Court held that the abortion decision and its effectuation must be left to the medical judgment of the pregnant women's attending physician. For the stage of the pregnancy subsequent to the end of the 1st trimester, the Court ruled that the state may promote its interest in the health of the mother by regulating the abortion procedure in ways reasonably related to maternal health. For the stage of pregnancy subsequent to viability, the state may promote its interest in the potentiality of human life by regulation, even prohibiting abortion, except where it is necessary to preserve the mother's life or health. These 5 cases challenge the role of the Court in determining the scope of appropriate state regulation at various stages of the pregnancy. Suffering a loss of prestige in the 10 years since the Roe v. Wade and Doe v

  6. Court Ordered Desegregation

    ERIC Educational Resources Information Center

    Reber, Sarah J.

    2005-01-01

    The effect of the court ordered desegregation plans, on trends in segregation and white flight, are estimated. The effect of availability of school districts and other factors on the white flight across districts is also mentioned.

  7. Colorado's energy boom: impact on crime and criminal justice

    SciTech Connect

    Not Available

    1981-02-01

    Information is reported on the impact of rapid energy development on western slope criminal justice agencies. The focus is on crime rates, law enforcement, the courts, and juvenile justice problems. The problems that are likely to develop and what might be done to minimize the negative consequences are analyzed. The social characteristics of boom towns and the changes resulting from rapid growth, the changes in crime rates, the impact experienced by law enforcement agencies and the courts, and information on planning and funding in impact areas are described. (MCW)

  8. Criminal Regulation of Anti-Forensic Tools in Japan

    NASA Astrophysics Data System (ADS)

    Ishii, Tetsuya

    This paper discusses the continuing landmark debate in a Japanese Court concerning the development and distribution of a peer-to-peer (P2P) file sharing program. The program, known as Winny, facilitates illegal activities such as piracy and the distribution of child pornography because of the encryption and anonymity afforded to users. The court has to determine whether Isamu Kaneko, the designer of Winny, is criminally liable for developing and distributing the program. This paper also assesses whether the judgment in the Winny case might set a precedent for regulating the creation and distribution of anti-forensic tools.

  9. Unconscious fantasies: from the couch to the court.

    PubMed

    Bloom, H; Awad, G A

    1991-01-01

    No single unifying theory exists that explains the plethora of behaviors that bring individuals before the courts on a daily basis. No biological, social, or familial model for criminal behavior is without limitations, or exempt from controversy and criticism. We suggest, however, that it is appropriate, and often necessary, for the psychiatric expert to advance lucid, intelligible, and simplified psychodynamic formulation, either alone or in conjunction with another explanatory model of criminal behavior, to assist the court in its understanding and disposition of a given case. In some cases, apparent criminal behaviors result when unconscious motivating factors, particularly unconscious fantasies, find expression in conscious life. In this article, we consider the etiologic role of unconscious fantasy in certain seemingly inexplicable criminal behaviors. The concept of unconscious fantasy is explained and a detailed case description and formulation are provided in order to illustrate the central role of unconscious fantasy in some of these behaviors. Recommendations are offered for the manner in which psychodynamic formulation should be presented in reports and in courtroom testimony through reference to the author's experience.

  10. Supreme Court Preview

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2007-01-01

    The Supreme Court's preview is presented in this article. During the 2006-07 Supreme Court term, it was the 5-4 decisions that garnered the most attention. Twenty-four of the term's 72 cases were decided by this narrowest of margins--the highest percentage of 5-4 opinions in a decade--even as the share of unanimous opinions fell "below levels seen…

  11. Legal "rites": criminalizing the mentally ill.

    PubMed

    Treffert, D A

    1981-01-01

    1. Because of more stringent civil commitment criteria, persons formerly hospitalized on a civil commitment now enter the system on criminal observation orders, having been arrested, booked, and often jailed for minor offenses such as vagrancy, shoplifting, or disorderly conduct. This represents a criminalization of the mentally ill. 2. In a single forensic system (Wisconsin) there was an increase of 73% in such commitments following court decisions and legislative revisions setting forth new commitment criteria. This increase was principally in criminal observations, although this rise was evident as well in "unable to stand trial" commitments. It was not present in "not guilty by reason of insanity" adjudications. 3. Aside from the obvious untoward effects per se of criminalizing mentally ill persons, other untoward effects occur in terms of prolonging hospitalization, depriving those persons of prompt treatment, and putting unnecessary and inhumane pressures on the family and the community, as well as on the mentally ill person himself. 4. The "freedom" to the penniless, helpless, ill, and finally arrested, jailed and criminally committed is not freedom at all--it's abandonment. The "right" to be demented, agonized and terrorized in the face of treatment which cannot, because of legal prohibition, be applied is no right at all--it's a new form of imprisonment. The "liberty" to be naked in a padded cell, hallucinating, delusional, and tormented, is not liberty--it is a folie à deux between pseudo-sophisticated liberals and an unrealizing public. The delusion is that if one changes the name of something to something else, or if one substitutes a jail for a hospital or a preoccupation with legal rites for honest concern over patients' rights, he has done something significant, useful and important, or at least something.

  12. Outcomes among drug court participants: does drug of choice matter?

    PubMed

    Shaffer, Deborah Koetzle; Hartman, Jennifer L; Listwan, Shelley Johnson; Howell, Terra; Latessa, Edward J

    2011-02-01

    The link between drug and alcohol abuse and criminal behavior is clearly illustrated in the literature. The options of how to respond to these offenders, however, has widely fluctuated over time. Currently, many states have reconsidered their "get tough" approach to one that is more rehabilitative in nature. One particular community-based intervention that has gained in popularity is the drug court model. The literature on drug courts is generally supportive; however, there is a need to examine effectiveness by target population. The purpose of this study is to explore recidivism rates of drug court clients by drug of choice. Using a 2-year follow-up period, this study finds that drug of choice does not significantly influence either successful graduation or arrest. Policy implications are discussed.

  13. Court-authorised deprivation of liberty.

    PubMed

    Griffith, Richard

    2015-01-01

    The United Kingdom Supreme Court judgment in Cheshire West and Chester Council v P in 2014 introduced a more inclusive 'acid test' for determining the objective element of a deprivation of liberty in cases concerning people who lack decision-making capacity. The case made clear that adults and young people who lack capacity could be deprived of their liberty in care settings other than hospitals and care homes, including the person's own home. A deprivation of liberty that occurs in a setting other than a hospital or care home must be authorised by a Court. This article explains the revised process for applying for Court authorisation of a deprivation of liberty where it occurs in supported living, Shared Lives placements or the incapable person's own home.

  14. Cultural considerations in the criminal law: the sentencing process.

    PubMed

    Boehnlein, James K; Schaefer, Michele N; Bloom, Joseph D

    2005-01-01

    In forensic psychiatry, there is increasing recognition of the importance of culture and ethnicity in the criminal justice process as the population becomes more culturally diverse. However, there has been little consideration of the role of cultural factors in the trial process for criminal defendants, particularly in the sentencing phase of trial. Using a capital murder case study, this article explores the role of cultural forensic psychiatric consultation, focusing on the sentencing phase of trial as the place where the full scope and power of a cultural evaluation can be brought most effectively to the attention of the court. Cultural psychiatric perspectives can enrich a core forensic evaluation and be maximally helpful to the court, by exploring family dynamics and psychological health influenced by cultural history, immigrant and refugee experiences, and sociocultural environment. Specific recommendations and cautions for effective cultural consultation in forensic psychiatry are discussed.

  15. Rulings in Argentinean and Colombian courts decriminalize possession of small amounts of narcotics.

    PubMed

    Cozac, David

    2009-12-01

    Two recent court decisions in South America have reflected a growing backlash in the region against the so-called, U.S.-led "war on drugs". In Argentina, the Supreme Court of Justice ruled unanimously on 25 August 2009 that the second paragraph of Article 14 of the country's drug control legislation, which punishes the possession of drugs for personal consumption, was unconstitutional. In Colombia, the Supreme Court of Justice ruled on 8 July 2009 that the possession of illegal drugs for personal use was not a criminal offence.

  16. Domestic Violence Courts: A Multisite Test of Whether and How They Change Offender Outcomes.

    PubMed

    Cissner, Amanda B; Labriola, Melissa; Rempel, Michael

    2015-09-01

    Findings are from an investigation of 24 criminal domestic violence courts (DVCs) across New York, testing their effect on recidivism, case processing, and case resolutions. Overall, we found a small positive impact on recidivism among convicted offenders. We further found that the sex of defendants moderated the court impact on case resolutions; that is, among male defendants only, DVCs increased conviction rates and sentences involving jail or prison. In addition, multi-level, multivariate analyses found that court policies specifically designed to increase victim safety, hold offenders accountable, and reduce offender recidivism (through deterrence or rehabilitation) were instrumental in reducing recidivism.

  17. Domestic Violence Courts: A Multisite Test of Whether and How They Change Offender Outcomes.

    PubMed

    Cissner, Amanda B; Labriola, Melissa; Rempel, Michael

    2015-09-01

    Findings are from an investigation of 24 criminal domestic violence courts (DVCs) across New York, testing their effect on recidivism, case processing, and case resolutions. Overall, we found a small positive impact on recidivism among convicted offenders. We further found that the sex of defendants moderated the court impact on case resolutions; that is, among male defendants only, DVCs increased conviction rates and sentences involving jail or prison. In addition, multi-level, multivariate analyses found that court policies specifically designed to increase victim safety, hold offenders accountable, and reduce offender recidivism (through deterrence or rehabilitation) were instrumental in reducing recidivism. PMID:26056163

  18. History of mental health in South Africa. Part XII. Services for criminals, delinquents and psychopaths.

    PubMed

    Minde, M

    1975-12-27

    The development in the United States of psychiatric services for delinquents and criminals, which had a considerable influence on mental health services in South Africa, is described. It was followed by the appointment of court psychiatrists in thsi country, mainly to assist the Children's Courts. The findings of the Rumpff Commission on the responsibility of the mentally deranged persons are described, and psychiatric services for children are discussed.

  19. The Effect of the Threat of Legal Sanction on Program Retention and Completion: Is that Why They Stay in Drug Court?

    ERIC Educational Resources Information Center

    Hepburn, John R.; Harvey, Angela N.

    2007-01-01

    Drug courts routinely rely on the threat of legal sanction to motivate drug-using criminal offenders to enter and complete community-based treatment programs. In light of the high failure rates among drug court participants, what is the effect of the threat of legal sanction on program retention and completion? A quasiexperimental research design…

  20. Court outcomes for clients referred to a community mental health court liaison service.

    PubMed

    Sly, Ketrina A; Sharples, John; Lewin, Terry J; Bench, Christopher J

    2009-01-01

    Court liaison and diversion services come in a variety of forms, but the similarities and differences between these services are not well characterized. Findings from a six-year audit of the Newcastle (Australia) Mental Health Court Liaison (MHCL) service are reported, including client characteristics, offence and service contact profiles, court outcomes, and interrelationships among these variables. During the audit period, there were 2383 service episodes by 1858 clients (1478 males, 380 females). Drug and alcohol disorders (40.9%) and psychotic disorders (17.0%) were the most prevalent mental health problems, while assault (23.1%), theft (23.1%), offences against justice procedures (15.4%), driving offences (13.4%) and malicious damage to property (8.3%) were the most frequently recorded charges. Among service episodes with a finalized court outcome, 70.0% involved a punishment (bond: 49.5%; jail term: 29.7%). Females were less likely to be punished, but more likely to have their case dismissed under sections of the relevant Act that required further assessment and monitoring. Being married, or having an adjustment or drug and alcohol disorder, were also associated with an increased likelihood of punishment, while clients with a psychotic or bipolar disorder were less likely to be punished. Among clients who were punished, those referred from inpatient mental health services were more likely to receive a non-jail punishment, while unemployed clients were more likely to be jailed. A substantial proportion of clients had court outcomes that required an ongoing involvement with local mental health services. By being part of community mental health services, our MHCL service is able to work efficiently and effectively with the criminal justice system, while facilitating ready access to existing mental health services and continuation of care.

  1. Multiple personality disorder in criminal law.

    PubMed

    Steinberg, M; Bancroft, J; Buchanan, J

    1993-01-01

    The authors review the recent literature on multiple personality disorder (MPD), the most severe and chronic of the dissociative disorders, in relation to court cases of competence to stand trial, the insanity defense, and research on malingerers feigning MPD. Issues relevant in the assessment of competency and insanity are described. Features characteristic of MPD, including amnesia and alterations in consciousness and personality, have varying degrees of influence over the criminal behavior of an individual with MPD. As in other psychiatric disorders, the influence of MPD on an individual's competence to stand trial, and sanity, can be evaluated systematically. This article discusses a specific diagnostic tool, the Structured Clinical Interview for DSM-IV Dissociative Disorders (SCID-D), an extensively field tested instrument that is potentially quite useful in forensic assessment of suspects manifesting dissociative symptoms and disorders. The particular advantages of the SCID-D will be reviewed in the context of some well known criminal cases involving MPD. Further research using diagnostic interviews for the systematic assessment of dissociative symptoms and MPD in criminal cases will continue to clarify the influence of these symptoms in a forensic context.

  2. Without thinking: impulsive aggression and criminal responsibility.

    PubMed

    Shuman, Daniel W; Gold, Liza H

    2008-01-01

    In the U.S. the decision to impose criminal responsibility rests on an assumption about the defendant's decision to engage in proscribed conduct. We punish only those who we believe had the capacity to make a choice. In an increasingly violent world, the criminal law and the assumptions upon which it rests are relentlessly tested. A new generation of neuro-imaging technologies offers to provide insights into structural and functional abnormalities in the brain that may limit the autonomy of many dangerous offenders and unravel the fabric of the criminal justice system. How will the results of these technologies be received by the courts--are they relevant to existing formulations of the prima facie case, the insanity defense, or mitigation of sentence; will changes in the science or the law be required to accommodate this knowledge? The new generation of technologies may appropriately play a role in assessing culpable mental states only if they are also reliable. This short article takes on these and a host of other related questions at the intersection between science, law, and science fiction.

  3. Fetal alcohol spectrum disorder: can diminished responsibility diminish criminal behaviour?

    PubMed

    Mela, Mansfield; Luther, Glen

    2013-01-01

    This text examines how current scientific knowledge has the potential of fulfilling one of the major functions of the criminal justice system. Scientific knowledge should be used to ensure that the criminal justice system's functioning results in maximizing societal protection and crime reduction. Abnormal states of the mind contribute to criminal behaviour and are considered in exculpatory defences. The failure of the long standing insanity defence and its utility among cognitively impaired offenders, provided impetus to this work. In estimating the success rates (or lack thereof) of raised defences for the cases of the 'invisible disorder', fetal alcohol spectrum disorder (FASD), coming before the Canadian Courts, we sought to expound on the reasons, from knowledge and pragmatic perspectives. We propose that a diminished responsibility defence and verdict that recognizes the 'grey zone' between 'knowing' and 'not knowing' based on neurocognitive disparities in FASD serves the individual, legal system and the society better than the current practice.

  4. Court Compliance as a Predictor of Postadjudication Recidivism for Domestic Violence Offenders

    ERIC Educational Resources Information Center

    Kindness, Alana; Kim, Han; Alder, Stephen; Edwards, Alison; Parekh, Asha; rOlson, Lenora M.

    2009-01-01

    This study evaluated pre- and postadjudication behavior of 220 male defendants convicted of a domestic violence-related offense using court records and police department data. Our goal was the identification of possible predictors for continued criminal behavior that could pose a risk of further harm to victims. Factors identified as significant…

  5. The Afro-American before the Burger Court, 1976-1978: Justice Granted or Justice Denied?

    ERIC Educational Resources Information Center

    Gill, Robert Lewis

    1978-01-01

    Supreme Court rulings during 1976-78 on capital punishment; criminal justice and prisoner rights; busing and school desegregation; discrimination in housing and employment; rights of illegitimates and family relations; abortion, voting rights, tenant landlord relations; and "reverse discrimination" have had a significant impact on Black Americans.…

  6. Bad Kids: Race and the Transformation of the Juvenile Court. Studies in Crime and Public Policy.

    ERIC Educational Resources Information Center

    Feld, Barry C.

    This book examines what is wrong with the U.S. juvenile court system and proposes an alternative model for youth crime control and child welfare. Under this model, states would try all offenders in an integrated criminal justice system with appropriate modifications to accommodate younger offenders. The chapters are: (1) "The Social Construction…

  7. 32 CFR 720.23 - Naval prisoners as witnesses or parties in civilian courts.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 false Naval prisoners as witnesses or parties in... Service of Process and Subpoenas Upon Personnel § 720.23 Naval prisoners as witnesses or parties in civilian courts. (a) Criminal actions. When Federal or State authorities desire the attendance of a...

  8. 32 CFR 720.23 - Naval prisoners as witnesses or parties in civilian courts.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Naval prisoners as witnesses or parties in... Service of Process and Subpoenas Upon Personnel § 720.23 Naval prisoners as witnesses or parties in civilian courts. (a) Criminal actions. When Federal or State authorities desire the attendance of a...

  9. Mental Retardation and the Law: A Report on Status of Current Court Cases.

    ERIC Educational Resources Information Center

    Levine, Jan Martin, Ed.

    Brief reports on the status of approximately 75 ongoing or recently decided court cases in states of relevance to the mentally retarded are provided. Cases cover the following issues: commitment, community living and services, criminal law, discrimination, guardianship, institutions and deinstitutionalization, medical/legal issues, parental rights…

  10. Enhancing the Effectiveness of Juvenile Drug Courts by Integrating Evidence-Based Practices

    ERIC Educational Resources Information Center

    Henggeler, Scott W.; McCart, Michael R.; Cunningham, Phillippe B.; Chapman, Jason E.

    2012-01-01

    Objective: The primary purpose of this study was to test a relatively efficient strategy for enhancing the capacity of juvenile drug courts (JDC) to reduce youth substance use and criminal behavior by incorporating components of evidence-based treatments into their existing services. Method: Six JDCs were randomized to a condition in which…

  11. The criminalization of domestic violence: what social workers need to know.

    PubMed

    Danis, Fran S

    2003-04-01

    Domestic violence is a crosscutting issue that affects clients seeking social work services. The criminalization of domestic violence refers to efforts to address domestic violence through the passage and enforcement of criminal and civil laws. This article reviews the social science, legal, and criminal justice literature regarding interventions used to stop domestic violence. The theoretical foundations and effectiveness of police interventions, the use of protective orders, prosecution and victim advocacy, court responses, batterers' intervention as a condition of probation, and coordinated community responses to domestic violence are examined. Implications for social work practice are given, along with basic information for assisting clients who are victims of violence in their own homes.

  12. Courts' misplaced confidence in psychiatric diagnoses.

    PubMed

    Mellsop, Graham W; Fraser, Debra; Tapsell, Rees; Menkes, David B

    2011-01-01

    In considering psychiatric evidence, criminal justice systems make considerable use of labels from official psychiatric classificatory systems. There are legislated requirements for psychological and/or behavioural phenomena to be addressed in legal tests, however medico-legal use of the current categorical diagnostic frameworks which are increasingly complex is difficult to justify. The lack of validity in large domains of the present classificatory systems is now more openly acknowledged, prompting a critical rethink. Illustrative examples include post-traumatic stress disorder, various personality disorders, and dissociative identity disorder. It follows that the Courts' faith in the present categorical classifications (e.g., DSMIV and ICD10) is misplaced and may be ultimately unhelpful to the administration of justice.

  13. Criminality and climate change

    NASA Astrophysics Data System (ADS)

    White, Rob

    2016-08-01

    The impacts of climate change imply a reconceptualization of environment-related criminality. Criminology can offer insight into the definitions and dynamics of this behaviour, and outline potential areas of redress.

  14. Courts and Kids: Pursuing Educational Equity through the State Courts

    ERIC Educational Resources Information Center

    Rebell, Michael A.

    2009-01-01

    Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in "Brown v. Board of Education". "Courts and Kids" is the first detailed analysis of why the state…

  15. Exploring the relationship between criminogenic risk assessment and mental health court program completion.

    PubMed

    Bonfine, Natalie; Ritter, Christian; Munetz, Mark R

    2016-01-01

    The two primary goals of mental health courts are to engage individuals with severe mental illness in the criminal justice system with clinical mental health services and to prevent future involvement with the criminal justice system. An important factor in helping to achieve both goals is to identify participants' level of clinical needs and criminogenic risk/needs. This study seeks to better understand how criminogenic risk affects outcomes in a mental health court. Specifically, we explore if high criminogenic risk is associated with failure to complete mental health court. Our subjects are participants of a municipal mental health court (MHC) who completed the Level of Services Inventory-Revised (LSI-R) upon entry to the program (N=146). We used binary logistic regression to determine the association between termination from the program with the total LSI-R. Our findings suggest that, net of prior criminal history, time in the program and clinical services received, high criminogenic risk/need is associated with failure to complete mental health court. In addition to providing clinical services, our findings suggest the need for MHCs to include criminogenic risk assessment to identify criminogenic risk. For participants to succeed in MHCs, both their clinical and criminogenic needs should be addressed. PMID:26968092

  16. Exploring the relationship between criminogenic risk assessment and mental health court program completion.

    PubMed

    Bonfine, Natalie; Ritter, Christian; Munetz, Mark R

    2016-01-01

    The two primary goals of mental health courts are to engage individuals with severe mental illness in the criminal justice system with clinical mental health services and to prevent future involvement with the criminal justice system. An important factor in helping to achieve both goals is to identify participants' level of clinical needs and criminogenic risk/needs. This study seeks to better understand how criminogenic risk affects outcomes in a mental health court. Specifically, we explore if high criminogenic risk is associated with failure to complete mental health court. Our subjects are participants of a municipal mental health court (MHC) who completed the Level of Services Inventory-Revised (LSI-R) upon entry to the program (N=146). We used binary logistic regression to determine the association between termination from the program with the total LSI-R. Our findings suggest that, net of prior criminal history, time in the program and clinical services received, high criminogenic risk/need is associated with failure to complete mental health court. In addition to providing clinical services, our findings suggest the need for MHCs to include criminogenic risk assessment to identify criminogenic risk. For participants to succeed in MHCs, both their clinical and criminogenic needs should be addressed.

  17. Supreme Court Review

    ERIC Educational Resources Information Center

    Williams, Charles F.; Hawke, Catherine

    2010-01-01

    Of the three branches of government, the Supreme Court usually receives the least national attention. Not so this year. In addition to another changing of the guard with the retirement of Justice Stevens and the nomination of Elena Kagan, the 2009-2010 term generated a great deal of controversy. And in a number of instances, the public's keen…

  18. Supreme Court Roundup.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2001-01-01

    Discusses U.S. Supreme Court cases during the 2000-01 term. Focuses on federalism, such as the case Solid Waste Agency v. Army Corps of Engineers, No. 99-1178, and cases related to the U.S. Bill of Rights First Amendment, such as United States and Department of Agriculture v. United Foods, Inc., No. 00-276. (CMK)

  19. Supreme Court Roundup

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2005-01-01

    Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

  20. Supreme Court Roundup.

    ERIC Educational Resources Information Center

    Williams, Charles F.

    2001-01-01

    Focuses on two U.S. Supreme Court cases involving unreasonable searches and seizures: (1) Kyllo v. United States, No. 99-8508; and (2) Indianapolis v. Edmond, No. 99-1030. Includes information about the first case and the basis and decision of the second case. (CMK)

  1. The Supreme Court Speaks.

    ERIC Educational Resources Information Center

    Cunningham, Albert J.; Coplan, Carol

    1987-01-01

    Reviews recent decisions of the U.S. Supreme Court. The decisions involve student rights, the Gramm-Rudman budget law, homosexuals' right to privacy, the regulation of state primary elections, pregnancy and employment policy, Miranda Rights, and the legality of certain police searches. (JDH)

  2. Court of Public Opinion

    ERIC Educational Resources Information Center

    Oguntoyinbo, Lekan

    2011-01-01

    It was late on Election Day 2010 and Vander Plaats, a Sioux City, Iowa, businessman and leader of a campaign to oust three Iowa Supreme Court justices, had just gotten word that he and his team had pulled it off. The voters had rejected the three justices up for a retention vote: David Baker, Michael Streit, and Chief Justice Marsha Ternus.…

  3. National Youth Court Guidelines.

    ERIC Educational Resources Information Center

    Godwin, Tracy M.

    Youth courts provide communities with an opportunity to impose immediate consequences for first time youthful offenders, while providing a peer operated disposition mechanism that constructively allows young people to take responsibility, be held accountable, and make amends for violating the law. Dispositions hold youth accountable in part…

  4. Criminal consequences of childhood sexual victimization.

    PubMed

    Widom, C P; Ames, M A

    1994-04-01

    Using a prospective cohorts design, we assess the long-term criminal consequences of childhood sexual abuse through an examination of official criminal histories for a large sample of validated cases of childhood sexual abuse, compared to cases of physical abuse and neglect and a control group matched for age, race, sex, and approximate family socioeconomic status. Compared to other types of abuse and neglect, early childhood sexual abuse does not uniquely increase an individual's risk for later delinquent and adult criminal behavior. Childhood sexual abuse victims were at increased risk of arrest as a juvenile for being a runaway. As adults, child sexual abuse victims were at higher risk of arrest for sex crimes than controls, as were victims of physical abuse and neglect. Childhood sexual abuse victims were more likely to be arrested for prostitution as adults than other abuse and neglect victims and controls, regardless of gender. However, there was no support for a direct relationship among child sexual abuse, arrests for running away in adolescence, and adult arrests for prostitution. The findings also suggest an association for males between physical abuse and arrests for violent sex crimes (rape and/or sodomy). Caution is needed in interpreting these findings because of exclusive reliance on official record data and the possible impact of agency intervention. PMID:8187016

  5. Extended-Release Naltrexone To Prevent Relapse Among Opioid Dependent, Criminal Justice System Involved Adults: Rationale and Design of a Randomized Controlled Effectiveness Trial

    PubMed Central

    Lee, Joshua D.; Friedmann, Peter D.; Boney, Tamara Y.; Hoskinson, Randall A.; McDonald, Ryan; Gordon, Michael; Fishman, Marc; Chen, Donna T.; Bonnie, Richard J.; Kinlock, Timothy W.; Nunes, Edward V.; Cornish, James W.; O’Brien, Charles P.

    2015-01-01

    Background Extended-release naltrexone (XR-NTX, Vivitrol® Alkermes Inc.) is an injectable monthly sustained-release mu opioid receptor antagonist. XR-NTX is a potentially effective intervention for opioid use disorders and as relapse prevention among criminal justice system (CJS) populations. Methods This 5-site open-label randomized controlled effectiveness trial examines whether XR-NTX reduces opioid relapse compared with treatment as usual (TAU) among community dwelling, non-incarcerated volunteers with current or recent CJS involvement. The XR-NTX arm receives 6 monthly XR-NTX injections at Medical Management visits; the TAU group receives referrals to available community treatment options. Assessments occur every 2 weeks during a 24-week treatment phase and at 12- and 18-month follow-ups. The primary outcome is a relapse event, defined as either self-report or urine toxicology evidence of ≥10 days of opioid use in a 28-day (4 week) period, with a positive or missing urine test counted as 5 days of opioid use. Results We describe the rationale, specific aims, and design of the study. Alternative design considerations and extensive secondary aims and outcomes are discussed. Conclusions XR-NTX is a potentially important treatment and relapse prevention option among persons with opioid dependence and CJS involvement. PMID:25602580

  6. The Criminalization of Domestic Violence: What Social Workers Need To Know.

    ERIC Educational Resources Information Center

    Danis, Fran S.

    2003-01-01

    This article reviews the social science, legal, and criminal justice literature regarding interventions used to stop domestic violence. Examines the theoretical foundations and effectiveness of police interventions, the use of protective orders, prosecutions and victim advocacy, court responses, and coordinated community responses to domestic…

  7. Screening for Malingering in a Criminal-Forensic Sample with the Personality Assessment Inventory

    ERIC Educational Resources Information Center

    Boccaccini, Marcus T.; Murrie, Daniel C.; Duncan, Scott A.

    2006-01-01

    In this study, the authors examined how overreporting of psychopathology indices on the Personality Assessment Inventory (PAI; L. C. Morey, 1991) performed as screening measures for malingering in a sample of 166 defendants undergoing pretrial court-ordered evaluations in the federal criminal justice system. Using results from the Structured…

  8. [Alcohol and criminal behavior].

    PubMed

    Arzt, G

    1990-05-01

    The topic 'alcohol and crime' has several aspects. This article shows how drug administration is based on a complex network of legal provisions and is enforced by criminal law sanctions. As to crimes influenced by alcohol, drunken driving is by far the most important and best researched field. Next, the article turns to the role of alcohol with regard to severe common crimes such as murder or child abuse. Finally, the issue of drunkenness as a defence is raised and the treatment of alcoholics as a criminal law sanction discussed.

  9. Predicting restorability of incompetent criminal defendants.

    PubMed

    Mossman, Douglas

    2007-01-01

    U.S. courts frequently require forensic examiners to offer opinions concerning the likelihood that criminal defendants found incompetent to stand trial can have their competence "restored" through treatment. Yet no jurisdiction has established legal guidelines for testimony concerning restorability, and several authors have suggested that mental health professionals cannot accurately predict whether treatment to restore competence will succeed. This study asked whether reliable information that is consistently available at the time of examination might support empirically grounded opinions about the likelihood of restoration. Using records from all 351 inpatient pretrial defendants who underwent competence restoration at a state psychiatric hospital from 1995 through 1999, I evaluated whether several types of information that are reliable and that could consistently be made available to forensic examiners--including evaluees' demographic characteristics, diagnoses, symptom patterns, criminal charges, number of prior public sector hospitalizations, and cumulative prior length of stay (LOS)--would predict outcome of restoration efforts. I modeled the probability of successful restoration using logistic regression equations, and evaluated the equations' predictive accuracy using k-fold cross-validation and receiver operating characteristic (ROC) analysis. Lower probability of restoration was associated with having a misdemeanor charge, longer cumulative LOS, older age, and diagnoses of mental retardation, schizophrenia, and schizoaffective disorder. Although the overall rate of successful restoration for felony defendants was 75 percent, logistic equations allowed selection of subgroups with high predicted probabilities of restoration (>90%) and low probabilities of restoration (<35%). In cross-validation simulations, predictive equations had ROC areas of 0.727 for all defendants, and 0.735 for felony defendants. These findings provide scientific support for testimony

  10. Predicting restorability of incompetent criminal defendants.

    PubMed

    Mossman, Douglas

    2007-01-01

    U.S. courts frequently require forensic examiners to offer opinions concerning the likelihood that criminal defendants found incompetent to stand trial can have their competence "restored" through treatment. Yet no jurisdiction has established legal guidelines for testimony concerning restorability, and several authors have suggested that mental health professionals cannot accurately predict whether treatment to restore competence will succeed. This study asked whether reliable information that is consistently available at the time of examination might support empirically grounded opinions about the likelihood of restoration. Using records from all 351 inpatient pretrial defendants who underwent competence restoration at a state psychiatric hospital from 1995 through 1999, I evaluated whether several types of information that are reliable and that could consistently be made available to forensic examiners--including evaluees' demographic characteristics, diagnoses, symptom patterns, criminal charges, number of prior public sector hospitalizations, and cumulative prior length of stay (LOS)--would predict outcome of restoration efforts. I modeled the probability of successful restoration using logistic regression equations, and evaluated the equations' predictive accuracy using k-fold cross-validation and receiver operating characteristic (ROC) analysis. Lower probability of restoration was associated with having a misdemeanor charge, longer cumulative LOS, older age, and diagnoses of mental retardation, schizophrenia, and schizoaffective disorder. Although the overall rate of successful restoration for felony defendants was 75 percent, logistic equations allowed selection of subgroups with high predicted probabilities of restoration (>90%) and low probabilities of restoration (<35%). In cross-validation simulations, predictive equations had ROC areas of 0.727 for all defendants, and 0.735 for felony defendants. These findings provide scientific support for testimony

  11. Brain lesions and their implications in criminal responsibility.

    PubMed

    Batts, Shelley

    2009-01-01

    For over 200 years, Western courts have considered pleas of "not guilty by reason of insanity" (NGRI) for defendants in possession of a mental defect rendering them unable to understand the wrongfulness of their act. Until recently, determining the mental state of a defendant has fallen largely upon the shoulders of court psychologists and experts in psychiatry for qualitative assessments related to NGRI pleas and mitigation at sentencing. However, advances in neuroscience--particularly neurological scanning techniques such as magnetic resonance imaging (MRI), functional magnetic resonance imaging (fMRI), computed tomography scanning (CT), and positron emission tomography scanning (PET)--may provide additional, pertinent biological evidence as to whether an organically based mental defect exists. With increasing frequency, criminal defense attorneys are integrating neuroimaging data into hearings related to determinations of guilt and sentencing mitigation. This is of concern, since not all brain lesions and abnormalities indicate a compromised mental state that is relevant to knowing whether the act was wrong at the time of commission, and juries may be swayed by neuroscientific evidence that is not relevant to the determination of the legal question before them. This review discusses historical and modern cases involving the intersection of brain lesions and criminality, neuroscientific perspectives of how particular types of lesions may contribute to a legally relevant mental defect, and how such evidence might best be integrated into a criminal trial. PMID:19319837

  12. Brain lesions and their implications in criminal responsibility.

    PubMed

    Batts, Shelley

    2009-01-01

    For over 200 years, Western courts have considered pleas of "not guilty by reason of insanity" (NGRI) for defendants in possession of a mental defect rendering them unable to understand the wrongfulness of their act. Until recently, determining the mental state of a defendant has fallen largely upon the shoulders of court psychologists and experts in psychiatry for qualitative assessments related to NGRI pleas and mitigation at sentencing. However, advances in neuroscience--particularly neurological scanning techniques such as magnetic resonance imaging (MRI), functional magnetic resonance imaging (fMRI), computed tomography scanning (CT), and positron emission tomography scanning (PET)--may provide additional, pertinent biological evidence as to whether an organically based mental defect exists. With increasing frequency, criminal defense attorneys are integrating neuroimaging data into hearings related to determinations of guilt and sentencing mitigation. This is of concern, since not all brain lesions and abnormalities indicate a compromised mental state that is relevant to knowing whether the act was wrong at the time of commission, and juries may be swayed by neuroscientific evidence that is not relevant to the determination of the legal question before them. This review discusses historical and modern cases involving the intersection of brain lesions and criminality, neuroscientific perspectives of how particular types of lesions may contribute to a legally relevant mental defect, and how such evidence might best be integrated into a criminal trial.

  13. Quality of criminal responsibility reports submitted to the Hawaii judiciary.

    PubMed

    Fuger, Kristen D; Acklin, Marvin W; Nguyen, Annie H; Ignacio, Lawrie A; Gowensmith, W Neil

    2014-01-01

    This paper is the third in a series of research reports on quality of forensic mental health evaluations submitted to the Hawaii judiciary. Previous studies examined quality of reports assessing competency to stand trial (CST) and post-acquittal conditional release, in felony defendants undergoing court-ordered examinations. Utilizing a 44-item quality coding instrument, this study examined quality of criminal responsibility reports in a sample of 150 forensic mental health evaluations conducted between 2006 and 2010 by court-appointed panels. Raters attained high levels of agreement in training and quality coding. Similar to the previous studies, overall quality of reports was mediocre, falling below the .80 quality criterion score for report elements, regardless of evaluator professional identification or employment status. Level of agreement between evaluators and judicial sanity determinations was "fair" using Cicchetti's (1994) standards for interpretation of intra-class correlations. Level of agreement was lower than previously published findings for CST reports and better than conditional release reports. Reasons for mediocre report quality and "fair" inter-rater agreement are discussed, including the fact that criminal responsibility evaluations are complex, retrospective in nature, and involve significant degrees of inference. In contrast to CST evaluations, assessment of criminal responsibility involves a mental state at the time of the offense evaluation. Threats to reliability in forensic reports are discussed. Suggestions for improvement of report quality are proffered, including standardization of procedures and report format and use of forensic assessment instruments.

  14. Quality of criminal responsibility reports submitted to the Hawaii judiciary.

    PubMed

    Fuger, Kristen D; Acklin, Marvin W; Nguyen, Annie H; Ignacio, Lawrie A; Gowensmith, W Neil

    2014-01-01

    This paper is the third in a series of research reports on quality of forensic mental health evaluations submitted to the Hawaii judiciary. Previous studies examined quality of reports assessing competency to stand trial (CST) and post-acquittal conditional release, in felony defendants undergoing court-ordered examinations. Utilizing a 44-item quality coding instrument, this study examined quality of criminal responsibility reports in a sample of 150 forensic mental health evaluations conducted between 2006 and 2010 by court-appointed panels. Raters attained high levels of agreement in training and quality coding. Similar to the previous studies, overall quality of reports was mediocre, falling below the .80 quality criterion score for report elements, regardless of evaluator professional identification or employment status. Level of agreement between evaluators and judicial sanity determinations was "fair" using Cicchetti's (1994) standards for interpretation of intra-class correlations. Level of agreement was lower than previously published findings for CST reports and better than conditional release reports. Reasons for mediocre report quality and "fair" inter-rater agreement are discussed, including the fact that criminal responsibility evaluations are complex, retrospective in nature, and involve significant degrees of inference. In contrast to CST evaluations, assessment of criminal responsibility involves a mental state at the time of the offense evaluation. Threats to reliability in forensic reports are discussed. Suggestions for improvement of report quality are proffered, including standardization of procedures and report format and use of forensic assessment instruments. PMID:24326082

  15. Examining the links between therapeutic jurisprudence and mental health court completion.

    PubMed

    Redlich, Allison D; Han, Woojae

    2014-04-01

    Research demonstrates that mental health courts (MHCs) lead to improved outcomes compared to traditional criminal court processes. An underlying premise of MHCs is therapeutic jurisprudence (TJ). However, no research, to our knowledge, has examined whether MHC outcomes are predicted by TJ principles as theorized. In the present study, we examined whether principles measured at the onset of MHC enrollment (knowledge, perceived voluntariness, and procedural justice) predicted MHC completion (graduation). Using structural equation modeling with MHC participants from four courts, a significant, direct relationship between TJ and MHC completion was found, such that higher levels of TJ were associated with higher rates of success. Although this direct effect became nonsignificant when mediator variables were included, a significant indirect path remained, such that increased levels of initial perceived voluntariness and procedural justice, and MHC knowledge, led to decreased rates of new arrests, prison, MHC bench warrants, and increased court compliance, which, in turn, led to a higher likelihood of MHC graduation.

  16. Recidivism following mental health court exit: Between and within-group comparisons.

    PubMed

    Lowder, Evan M; Desmarais, Sarah L; Baucom, Daniel J

    2016-04-01

    Over the past decade, Mental Health Courts (MHCs) have spread rapidly across the U.S. These courts aim to reduce recidivism among adults with mental illnesses through diversion into community-based treatment. Extant research suggests that MHCs can be effective in reducing recidivism, but also demonstrates that effectiveness varies as a function of characteristics of the participants (e.g., criminal history) and the program (e.g., coercion). Less is known regarding the extent to which process-related factors (e.g., length of participation, time between referral and receipt of services) impact effectiveness. Prior research also is limited by a focus on recidivism during MHC as opposed to postexit. To address these knowledge gaps, we examined recidivism 1 year postexit for a group of MHC participants (n = 57) and offenders receiving treatment as usual (TAU; n = 40), total N = 97. We also investigated the influence of individual characteristics and process factors on changes in jail days 1 year preentry to 1 year postexit for MHC participants. Overall, results provide some evidence supporting the effectiveness of MHCs. MHC participants had significantly fewer jail days, but not charges or convictions, relative to TAU participants. Among MHC participants, graduation from the MHC, presence of co-occurring substance use, and longer length of MHC participation were associated with greater reductions in jail days. Other process factors were unrelated to reductions in recidivism. Findings suggest that MHCs may be particularly effective for high-risk participants and that time spent in a MHC has positive effects on recidivism, regardless of graduation status.

  17. Recidivism following mental health court exit: Between and within-group comparisons.

    PubMed

    Lowder, Evan M; Desmarais, Sarah L; Baucom, Daniel J

    2016-04-01

    Over the past decade, Mental Health Courts (MHCs) have spread rapidly across the U.S. These courts aim to reduce recidivism among adults with mental illnesses through diversion into community-based treatment. Extant research suggests that MHCs can be effective in reducing recidivism, but also demonstrates that effectiveness varies as a function of characteristics of the participants (e.g., criminal history) and the program (e.g., coercion). Less is known regarding the extent to which process-related factors (e.g., length of participation, time between referral and receipt of services) impact effectiveness. Prior research also is limited by a focus on recidivism during MHC as opposed to postexit. To address these knowledge gaps, we examined recidivism 1 year postexit for a group of MHC participants (n = 57) and offenders receiving treatment as usual (TAU; n = 40), total N = 97. We also investigated the influence of individual characteristics and process factors on changes in jail days 1 year preentry to 1 year postexit for MHC participants. Overall, results provide some evidence supporting the effectiveness of MHCs. MHC participants had significantly fewer jail days, but not charges or convictions, relative to TAU participants. Among MHC participants, graduation from the MHC, presence of co-occurring substance use, and longer length of MHC participation were associated with greater reductions in jail days. Other process factors were unrelated to reductions in recidivism. Findings suggest that MHCs may be particularly effective for high-risk participants and that time spent in a MHC has positive effects on recidivism, regardless of graduation status. PMID:26595703

  18. Criminal Behavior in Frontotemporal Dementia and Alzheimer Disease

    PubMed Central

    Liljegren, Madeleine; Naasan, Georges; Temlett, Julia; Perry, David C.; Rankin, Katherine P.; Merrilees, Jennifer; Grinberg, Lea T.; Seeley, William W.; Englund, Elisabet; Miller, Bruce L

    2015-01-01

    Importance Neurodegenerative diseases can cause dysfunction of neural structures involved in judgment, executive function, emotional processing, sexual behavior, violence, and self-awareness. Such dysfunctions can lead to antisocial and criminal behavior that appears for the first time in the adult or middle-aged individual or even later in life. Objective To investigate the frequency and type of criminal behavior among patients with a diagnosed dementing disorder. Design, Setting, and Participants We conducted a retrospective medical record review of 2397 patients who were seen at the University of California, San Francisco, Memory and Aging Center between 1999 and 2012, including 545 patients with Alzheimer disease (AD), 171 patients with behavioral variant of frontotemporal dementia (bvFTD), 89 patients with semantic variant of primary progressive aphasia, and 30 patients with Huntington disease. Patient notes containing specific keywords denoting criminal behavior were reviewed. Data were stratified by criminal behavior type and diagnostic groups. Main Outcomes and Measures Frequencies of criminal behavior and χ2 statistics were calculated. Results Of the 2397 patients studied, 204 (8.5%) had a history of criminal behavior that emerged during their illness. Of the major diagnostic groups, 42 of 545 patients (7.7%) with AD, 64 of 171 patients (37.4%) with bvFTD, 24 of 89 patients (27.0%) with semantic variant of primary progressive aphasia, and 6 of 30 patients (20%) with Huntington disease exhibited criminal behavior. A total of 14% of patients with bvFTD were statistically significantly more likely to present with criminal behavior compared with 2% of patients with AD (P < .001) and 6.4% were statistically significantly more likely to exhibit violence compared with 2% of patients with AD (P = .003). Common manifestations of criminal behavior in the bvFTD group included theft, traffic violations, sexual advances, trespassing, and public urination in contrast

  19. Medical school forensic psychiatry units in health care delivery facilities rather than criminal justice institutions: an alternative model.

    PubMed

    Sarwer-Foner, G J; Smith, S; Bradford, J

    1985-01-01

    We have presented a model for developing forensic psychiatric treatment and teaching services of a medical school Department of Psychiatry, but where these services are the basic comprehensive health care delivery system for the entire community. These offer consultative and treatment services for adult and family court clinic, psychiatric forensic services, of forensic psychiatry open bed and medium security-type bed, as well as day hospital and outpatient services. All of these are sited in the normal health care delivery system of the university teaching hospitals and its patient treatment, teaching, and research facilities. Consultative services are offered on request to the criminal justice system, but the basic health care delivery system is controlled administratively by the ordinary university teaching hospital authorities and exists as a one of a kind unit at the Royal Ottawa Hospital. The Royal Ottawa Hospital is a private nonprofit hospital, with its own Board of Trustees, and is affiliated with the medical school, as part of a major university network. We believe it important to present this model for an overall forensic psychiatric service, in contradistinction to the more commonly established forensic psychiatric facilities in state mental hospitals, in a special facility for the criminally insane, or in a criminal justice system institution such as a penitentiary. We believe that our model for forensic psychiatric facilities has great advantages for the patient. Here the patient is treated in a specialized facility (as all psychiatric patients with specialized problems should be); but one which is a specialized forensic facility, within the range of specialized psychiatric facilities that are needed by an urban community.(ABSTRACT TRUNCATED AT 250 WORDS)

  20. 27 CFR 71.118 - Court review.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 2 2013-04-01 2013-04-01 false Court review. 71.118... § 71.118 Court review. If an applicant or respondent files an appeal in Federal court of the... record for submission to the court in accordance with the applicable court rules....

  1. 27 CFR 71.118 - Court review.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 2 2012-04-01 2011-04-01 true Court review. 71.118... § 71.118 Court review. If an applicant or respondent files an appeal in Federal court of the... record for submission to the court in accordance with the applicable court rules....

  2. The relationship between criminal charges, diagnoses, and psycholegal opinions among federal pretrial defendants.

    PubMed

    Cochrane, R E; Grisso, T; Frederick, R I

    2001-01-01

    This study analyzed data from 1710 criminal defendants referred by federal courts throughout the United States. We examined 12 categories of criminal charges with respect to diagnosed psychopathology and opinions related to competence to stand trial (CST) and criminal responsibility (CR) at the time of the alleged offense. Overall, 18% of the present sample were found to be incompetent to stand trial, while 12% were found to be not criminally responsible or 'insane.' In this study, crimes were associated with rates of psychopathology and rates of opinions regarding CST and CR. The findings of this study suggest that individuals who are charged with different crimes have different mental states and psychopathology and are therefore found to have differential rates of competence and sanity.

  3. Positive behavioral intervention in children who were wards of the court attending a mainstream school.

    PubMed

    Navarro, Jose I; Aguilar, Manuel; Aguilar, Concepcion; Alcalde, Concepcion; Marchena, Esperanza

    2007-12-01

    This report looked at the effects of treatment using contingency contracts and token economy procedures in three children, two 14 yr. and one 8 yr., who were wards of the court and attending a mainstream school. Students presented problems of adaptation to school, such as making constant noises with the mouth, hands, or pencil on the desk; frequently emitted raucous cries in the classroom; destruction of school resource materials; verbal aggression to classmates and teachers; verbal rejection of all academic work, refusing to do it, making negative comments prior to starting any school activity, in addition to lack of motivation for undertaking school activities. A 4-mo. individual treatment using contingency contracts and token economy behavioral procedures was implemented, with several follow-up sessions. The results indicated an adaptation of behavior to the school environment, confirmed by teachers, significantly reducing the incidence of insults, the destruction of school materials, and indolence during class sessions. These students are at high risk for social exclusion. Interventions have potential social importance in possible prevention of adult criminality, increasing academic achievement, and decreasing social exclusion. PMID:18361121

  4. Positive behavioral intervention in children who were wards of the court attending a mainstream school.

    PubMed

    Navarro, Jose I; Aguilar, Manuel; Aguilar, Concepcion; Alcalde, Concepcion; Marchena, Esperanza

    2007-12-01

    This report looked at the effects of treatment using contingency contracts and token economy procedures in three children, two 14 yr. and one 8 yr., who were wards of the court and attending a mainstream school. Students presented problems of adaptation to school, such as making constant noises with the mouth, hands, or pencil on the desk; frequently emitted raucous cries in the classroom; destruction of school resource materials; verbal aggression to classmates and teachers; verbal rejection of all academic work, refusing to do it, making negative comments prior to starting any school activity, in addition to lack of motivation for undertaking school activities. A 4-mo. individual treatment using contingency contracts and token economy behavioral procedures was implemented, with several follow-up sessions. The results indicated an adaptation of behavior to the school environment, confirmed by teachers, significantly reducing the incidence of insults, the destruction of school materials, and indolence during class sessions. These students are at high risk for social exclusion. Interventions have potential social importance in possible prevention of adult criminality, increasing academic achievement, and decreasing social exclusion.

  5. [Criminality in a birth cohort].

    PubMed

    Wolfgang, M E

    1975-01-01

    Beginning with a group of approximately 10,000 boys born in 1945 who lived in Philadelphia from at least ages ten through seventeen, the Center for Studies in Criminology and Criminal Law, University of Pennsylvania has engaged in a longitudinal analysis of the delinquency of the birth cohort. The first publication which examines the dynamic flow of delinquency committed by 3500 of the boys was published by the University of Chicago Press in 1972 and is entitled Delinquency in a Birth Cohort. This study is the first in the United States to establish a base line of delinquency probabilities and to analyze the types of delinquency committed over time, with the recording of the seriousness of each of the 10,000 acts committed by the 3500 boys. The seriousness scores were derived from the earlier work by Sellin and Wolfgang, entitle The Measurement of Delinquency. A stochastic model was used to analyze the delinquent patterns and one of the major conclusions, at least up to age eighteen, was that there was no specific delinquency specialization by type of offense. Moreover, after the third offense, the probabilities of desistence, or refraining from further delinquent acts, remained stable, thus indicating that the most propitious point for social intervention would be after the third offense rather than at some time prior to the onset of delinquency or even after the first or second offense-offenses which are usually of a very minor character. The Center for Studies in Criminology and Criminal Law has continued to follow up a ten per cent sample of the original birth cohort by interviewing them to obtain additional social psychological dynamic features of their background, of the situations involving their first and last delinquencies, and of their adult careers. The follow-up indicates thus far that approximately 12 per cent new cases of criminality appeared, thus adding to the original 35 per cent of the birth cohort who had a delinquency record. The study will

  6. Criminal Justice. [FasTrak Specialization Integrated Technical and Academic Competency (ITAC).] 2002 Revision.

    ERIC Educational Resources Information Center

    Ohio State Dept. of Education, Columbus. Div. of Career-Technical and Adult Education.

    This curriculum for a criminal justice program is designed for students interested in pursuing a future in law enforcement or a related public safety profession. The criminal justice program in the career-technical and adult education center is a two-year curriculum that is divided into these 14 units: orientation; legal aspects; communication…

  7. Childhood Maltreatment and Conduct Disorder: Independent Predictors of Criminal Outcomes in ADHD Youth

    ERIC Educational Resources Information Center

    De Sanctis, Virginia A.; Nomura, Yoko; Newcorn, Jeffrey H.; Halperin, Jeffrey M.

    2012-01-01

    Objective: Children with attention-deficit/hyperactivity disorder (ADHD) are at heightened risk for maltreatment in childhood and criminality as they enter into adolescence and early adulthood. Here, we investigated the effect of moderate to severe childhood maltreatment on later criminality among adolescents/young adults diagnosed with ADHD in…

  8. Criminality among Female Drug Users Following an HIV Risk-Reduction Intervention

    ERIC Educational Resources Information Center

    Theall, Katherine P.; Elifson, Kirk W.; Sterk, Claire E.; Stewart, Eric A.

    2007-01-01

    The main objectives of this article are to determine the prevalence of criminality among a sample of female African American drug users and to examine change in criminality over time, including the correlates associated with this change. Data were collected from 336 adult women who participated in an HIV risk-reduction intervention focused on the…

  9. Young Black Men and the Criminal Justice System: A Growing National Problem.

    ERIC Educational Resources Information Center

    Mauer, Marc

    The impact of the criminal justice system on Black male adults in the 20-to-29 year age group was examined. End results of the large-scale involvement of young Black men in the criminal justice system are considered, and the implications for crime control are discussed. Using data from Bureau of Justice Statistics and the Bureau of the Census…

  10. Factors associated with completion of a drug treatment court diversion program.

    PubMed

    Butzin, Clifford A; Saum, Christine A; Scarpitti, Frank R

    2002-01-01

    Factors related to successful completion of a first offender diversion program were examined from initial data of a longitudinal study of drug treatment court outcomes in Delaware. The strongest predictors of success were factors associated with social stakeholder values, especially those involving employment. Other factors associated with program completion included race, education, and frequency of drug use. While the overall success of drug treatment courts continues to be documented, these data suggest success varies with individual characteristics. The continuing study will explore whether these characteristics are also related to subsequent outcomes, especially drug use relapse and criminal recidivism, over a 24-month post-treatment period.

  11. Law & psychiatry: Responsibility for torts: should the courts continue to ignore mental illness?

    PubMed

    Appelbaum, Paul S

    2012-04-01

    Although courts routinely consider whether a criminal defendant's mental illness makes punishment unfair, the rules are very different for civil liability. When people with mental illness harm others, courts refuse to consider their mental states in determining civil liability. The justifications offered for this rule range from the difficulty of assessing the impact of mental illness on behavior to the desire to place the burden of loss on the person who caused the injury. Undeniably, though, mental disabilities are treated differently from physical impairments, and the law's resistance to change seems largely based on misunderstanding and prejudice against mental illness.

  12. Identifying and Teaching against Misconceptions: Six Common Mistakes about the Supreme Court

    ERIC Educational Resources Information Center

    Hess, Diana E.

    2006-01-01

    An institution that is commonly taught about in middle and high schools is the U.S. Supreme Court. Many people--adults and young people alike--hold misconceptions about how it works. Interestingly, however, this lack of knowledge does not stop people from having a generally positive opinion of the Court--especially relative to the other two…

  13. An Experimental Trial of Adaptive Programming in Drug Court: Outcomes at 6, 12 and 18 Months

    PubMed Central

    Marlowe, Douglas B.; Festinger, David S.; Dugosh, Karen L.; Benasutti, Kathleen M.; Fox, Gloria; Harron, Ashley

    2013-01-01

    Objectives Test whether an adaptive program improves outcomes in drug court by adjusting the schedule of court hearings and clinical case-management sessions pursuant to a priori performance criteria. Methods Consenting participants in a misdemeanor drug court were randomly assigned to the adaptive program (n = 62) or to a baseline-matching condition (n = 63) in which they attended court hearings based on the results of a criminal risk assessment. Outcome measures were re-arrest rates at 18 months post-entry to the drug court and urine drug test results and structured interview results at 6 and 12 months post-entry. Results Although previously published analyses revealed significantly fewer positive drug tests for participants in the adaptive condition during the first 18 weeks of drug court, current analyses indicate the effects converged during the ensuing year. Between-group differences in new arrest rates, urine drug test results and self-reported psychosocial problems were small and non-statistically significant at 6, 12 and 18 months post-entry. A non-significant trend (p = .10) suggests there may have been a small residual impact (Cramer's ν = .15) on new misdemeanor arrests after 18 months. Conclusions Adaptive programming shows promise for enhancing short-term outcomes in drug courts; however, additional efforts are needed to extend the effects beyond the first 4 to 6 months of enrollment. PMID:25346652

  14. Predicting success and failure in juvenile drug treatment court: a meta-analytic review.

    PubMed

    Stein, David M; Deberard, Scott; Homan, Kendra

    2013-02-01

    This meta-analysis summarizes 41 studies that examined associations between characteristics of adolescent participants in juvenile drug treatment court and outcomes (i.e., premature termination, recidivism). A summary of within- and post-program recidivism rates was calculated, as was a global estimate of the premature drop-out rate. One clear trend in the available studies was the dramatic difference in recidivism rates for adolescents who succeed in graduating from drug court, relative to those who do not. In addition, the review revealed that behavior patterns evidenced during drug court participation were most strongly associated with both the probability of graduating successfully from drug court and recidivism (e.g., few in-program arrests, citations, detentions, and referrals; greater length of time in program or amount of treatment; lower use of drug and alcohol use, few positive urine screens, greater school attendance). Unfortunately, non-white participants tend to have a lower probability of graduation from drug court and experience higher recidivism during and following the program. Available juvenile drug treatment court studies confirm a number of reputed adolescent risk factors associated with substance abuse, criminality, treatment failure, and recidivism among adolescents (e.g., higher levels of emotional and behavioral problems, higher levels and severity of pre-program substance abuse, male gender). Suggestions for improving the effects of juvenile drug treatment court based on key results of the meta-analysis are offered.

  15. Psychiatry and the criminal justice system: testing the myths.

    PubMed

    Phillips, M R; Wolf, A S; Coons, D J

    1988-05-01

    Several states are changing legislation and treatment programs for mentally ill offenders without knowing how current laws and programs operate. To address this problem the authors linked data from police records, court reports, and clinical files for 2,735 psychiatric referrals from the criminal justice system of Alaska from 1977 through 1981. They found that only 0.2%-2.0% of all schizophrenic persons in the community were arrested for violent crimes each year, accounting for 1.1%-2.3% of all arrests for violent crimes; that psychiatrists agreed about competency and responsibility in 79% of the cases evaluated by more than one clinician; and that a successful insanity defense occurred in 0.1% or less of all criminal cases.

  16. An exception to court rule

    SciTech Connect

    Black, B.; Strott, L.

    1995-01-01

    In August, 1994, the U.S. Court of Appeals for the 3rd Circuit handed down a decision that could make it much easier to challenge Superfund remedies in court. The Superfund law explicitly limits judicial review of removal or remedial actions. There are five exceptions to the above which are described in this paper.

  17. Court Cases about Teacher Insubordination

    ERIC Educational Resources Information Center

    O'Neal, Cory Shawn

    2013-01-01

    The purpose of this research is to examine court cases about adverse employment actions against public educators for insubordination, in an effort to understand what courts consider to be "insubordination." This study represents qualitative document-based research that was based upon the analysis of case law. The research sources were…

  18. Supreme Court Term in Review

    ERIC Educational Resources Information Center

    Hawke, Catherine

    2012-01-01

    One can't have a meaningful discussion about the 2011-2012 U.S. Supreme Court term without mentioning the historic health care challenge. However, even without that headliner, the term was jam-packed with interesting twists and turns. In addition to health care, the Court confronted a number of hot-button issues, including: immigration, the rights…

  19. Intervention of the Courts in School Finance.

    ERIC Educational Resources Information Center

    Hack, Walter G.

    1978-01-01

    The rhythm and intensity of judicial activity, questions and issues adjudicated by the courts, judicial approaches and strategies, and the roles played by the courts are discussed with regard to court intervention in state school finance systems. (DS)

  20. [Criminal responsibility and confinement of the insane from antiquity to early modern Japan].

    PubMed

    Hiruta, Genshiro

    2003-01-01

    ANTIQUITY: The third Japanese legal code, Youro Ritsuryo, was compiled in 718. The code classified the insane people as severely handicapped, exempted them from taxes and reduced their punishments when they committed a crime. MEDIEVAL: We cannot find any description on criminal responsibility of the insane in the legal documents of this age. EARLY MODERN: In 1742, the Tokugawa government enacted a criminal code named Osadamegaki-hyakkajyo, which contained a clause on the criminal responsibility of the people suffering from insanity or alcoholism. In principle, even if the criminal who committed homicide had been insane, he or she was sentenced to death. However, when the criminal had been obviously insane and the master or relatives of the victim appealed for mercy the judge could spare his/her life. The case of killing under the influence of simple alcohol intoxication was considered to be fully responsible. However, the case of pathological intoxication was treated in the same way as the case of insanity. There was a strict rule for confinement of the insane. When people thought that confinement was inevitable, a petition for confinement was submitted to the court under the joint signature of the family, the members of goningumi (a mutual responsibility unit), and the head of the town or village. In big cities like Edo (now Tokyo), a medical certificate of a doctor was attached to the petition. After receiving the petition, the court dispatched officials to inspect the case. When the court could confirm the necessity of confinement, they gave the permission and sealed the lock of a private cell where the insane was confined. People had to appeal to the court again when they wanted to free the insane from the cell.

  1. Some perspectives on criminalization.

    PubMed

    Lamb, H Richard; Weinberger, Linda E

    2013-01-01

    In recently published articles, there has been an underemphasis on the role serious mental illness (SMI) plays in causing persons to be in the criminal justice system. Increasing attention has been paid to other factors, including criminogenic needs. While these needs may be present and contribute to criminal behavior, persons with SMI who are at greatest risk of criminalization are those who are not receiving adequate treatment, structure, social control, and, when necessary, 24-hour care in the mental health system. Cognitive behavioral therapy (CBT) has been used to reduce recidivism for prisoners, including those with SMI, but persons impaired by their untreated psychotic symptoms may not be able to profit from it. The importance of psychiatric treatment must not be underestimated. Moreover, given their current constraints, correctional systems may not be able to continue accepting large numbers of persons with SMI. Many offenders with serious mental illness pose difficult and expensive problems in treatment and management, such as nonadherence to medication, potential for violence, and substance abuse. The mental health system needs to be given more funding and to take more responsibility for these challenging individuals. PMID:23771942

  2. Age and criminal poisonings.

    PubMed

    Stankova, Evgenia; Gesheva, Margarita; Hubenova, Aneta

    2005-01-01

    We present a series of 8 cases of acute combined poisonings, occurred in an identical way in patients over 70 years of age for a period of 6 months. The way of exposure, characteristic of the clinical presentation, complications and the outcome of the intoxications, as well as the therapeutic approach is described. In all of the cases combined drug intoxication with benzodiazepines and opiates have been proved. The impact of the combination of two toxic substances: the first causing rapid and brief suppression of the consciousness and the second, causing prolonged continuation of the already suppressed consciousness, on the clinical course is discussed. The similarities in the circumstances of the exposure, clinical course of the poisonings, the identified toxic substances, lead to the consideration of criminal characteristic of the poisonings. The contact with the corresponding authorities brought off the disclosure of a group of criminals, committed the intentional intoxications with the aim of robbery. Age, with all its various characteristics, has been discussed as a factor for occurrence of criminal poisonings. PMID:16225098

  3. [Penal aspects of psychiatric intervention: management modes and impact of new criminal legislation].

    PubMed

    Laberge, D; Morin, D; Robert, M

    1995-01-01

    Psychiatry and criminal justice have been closely related for a long time. Traces of such ties can already be found during the 19th century through the establishment of the contemporary systems of social control. Various questions that will mark the development of policies in this domain were important objects of discussion and analysis: Is mental illness a cause of criminality? Should the "insane" be held responsible for their crimes? What are the appropriate measures to heal, reform, control? In other words, should we consider the individual as sick or as criminal? If these questions are formulated differently nowadays they haven't lost any of their relevance. In this article, we will briefly present the forms of intervention available to the criminal justice system when dealing with persons suffering from mental health problems. This presentation is based on recent studies conducted in Montreal, elsewhere in Canada, as well as in the United States. The main stages of the criminal justice process will be examined, taking into account the recent modifications to the Canadian Criminal Code and its impact on the relations between the courts and psychiatric facilities. This type of situation is not without impact on community mental health for two main reasons. First, with the diminishing public funding of various health services there seems to be a growing practice of criminalization of persons suffering from mental health problems, especially the most vulnerable segments of this population. Secondly, there is a growing trend, in the criminal justice system, of requiring support from community groups or facilities to deal with these criminalized individuals. In the coming years criminalization will constitute an increasing and complex challenge for community mental health.

  4. Criminal responsibility and predictability

    NASA Astrophysics Data System (ADS)

    Siccardi, F.

    2009-04-01

    The Italian Civil Protection has developed a set of technologies and rules for issuing early warnings. The right to be protected from natural disasters is felt intensely by people. The evaluation of the size of the target areas and of the severity of events is subject to inherent uncertainty. Victims in areas and at times where early warnings are not provided for are possible. This causes, not always, but more and more frequently, people complaining in courts against civil protection decision makers. The concept of real time uncertainty and conditional probability is difficult to be understood in courts, where the timeliness and effectiveness of the alert is under judgement. A reflection on scientific and technological capabilities is needed.

  5. Adjudicating pathological criminal incapacity within a climate of ultimate issue barriers: a comparative perspective.

    PubMed

    Stevens, Geert Philip

    2015-01-01

    Mental health experts are increasingly being utilised by the criminal justice system to provide assistance to courts during the assessment of issues falling beyond the knowledge and/or experience of the courts. A particular domain where the assistance of qualified psychiatrists and psychologists is becoming essential is where the defence of pathological criminal incapacity falls to be assessed. Mental health professionals testifying during trials where the defence of pathological criminal incapacity is raised will present opinion evidence which is one of the exceptions to the rule of inadmissibility of opinion evidence. Mental health professionals providing their opinion evidence are, however, prohibited from expressing opinions on so-called "ultimate issues" upon which only the court may ultimately rule upon. The latter rule is also commonly known in practice as the "ultimate issue" rule which presents multifaceted challenges in respect of the application of the defence of pathological criminal incapacity. In this article, the author assesses the application of the ultimate issue rule with reference to the defence of pathological criminal incapacity as it operates within the South African criminal law context. A comparative analysis is also provided with reference to the rule as it operates in the United States of America and more specifically Federal Rule 704. It is concluded that the ultimate issue rule unnecessarily restricts testimony provided by mental health professionals as such placing a barrier on such evidence. As such, it is argued that the rule is superfluous as it remains within the discretion of the trier of fact to decide as to what weight to attach to such evidence.

  6. Adjudicating pathological criminal incapacity within a climate of ultimate issue barriers: a comparative perspective.

    PubMed

    Stevens, Geert Philip

    2015-01-01

    Mental health experts are increasingly being utilised by the criminal justice system to provide assistance to courts during the assessment of issues falling beyond the knowledge and/or experience of the courts. A particular domain where the assistance of qualified psychiatrists and psychologists is becoming essential is where the defence of pathological criminal incapacity falls to be assessed. Mental health professionals testifying during trials where the defence of pathological criminal incapacity is raised will present opinion evidence which is one of the exceptions to the rule of inadmissibility of opinion evidence. Mental health professionals providing their opinion evidence are, however, prohibited from expressing opinions on so-called "ultimate issues" upon which only the court may ultimately rule upon. The latter rule is also commonly known in practice as the "ultimate issue" rule which presents multifaceted challenges in respect of the application of the defence of pathological criminal incapacity. In this article, the author assesses the application of the ultimate issue rule with reference to the defence of pathological criminal incapacity as it operates within the South African criminal law context. A comparative analysis is also provided with reference to the rule as it operates in the United States of America and more specifically Federal Rule 704. It is concluded that the ultimate issue rule unnecessarily restricts testimony provided by mental health professionals as such placing a barrier on such evidence. As such, it is argued that the rule is superfluous as it remains within the discretion of the trier of fact to decide as to what weight to attach to such evidence. PMID:25681851

  7. BC Court of Appeal rules on detention of HIV-positive prostitute.

    PubMed

    Guillot-Hurtubise, B

    The British Columbia Court of Appeal held that an HIV-positive drug-using prostitute should not be detained under the Criminal Code because she is physically ill. The prostitute was charged after stealing food and assaulting the store owners and had previously been found to be mentally ill. She was hospitalized at the Forensic Psychiatric Institute (FPI) for her own protection and that of others. On discharge, she returned to prostitution and drug use, and was ordered back into custody. The court ruled that Parliament, in writing the law, never intended to deal with mentally ill persons under the criminal statutes, and that she should not be detained because she was physically ill. The Attorney General conceded on appeal that she had been detained because of her HIV status.

  8. Medication-assisted treatment in criminal justice agencies affiliated with the criminal justice-drug abuse treatment studies (CJ-DATS): availability, barriers, and intentions.

    PubMed

    Friedmann, Peter D; Hoskinson, Randall; Gordon, Michael; Schwartz, Robert; Kinlock, Timothy; Knight, Kevin; Flynn, Patrick M; Welsh, Wayne N; Stein, Lynda A R; Sacks, Stanley; O'Connell, Daniel J; Knudsen, Hannah K; Shafer, Michael S; Hall, Elizabeth; Frisman, Linda K

    2012-01-01

    Medication-assisted treatment (MAT) is underutilized in the treatment of drug-dependent, criminal justice populations. This study surveyed criminal justice agencies affiliated with the Criminal Justice Drug Abuse Treatment Studies (CJ-DATS) to assess use of MAT and factors influencing use of MAT. A convenience sample (N = 50) of criminal justice agency respondents (e.g., jails, prisons, parole/probation, and drug courts) completed a survey on MAT practices and attitudes. Pregnant women and individuals experiencing withdrawal were most likely to receive MAT for opiate dependence in jail or prison, whereas those reentering the community from jail or prison were the least likely to receive MAT. Factors influencing use of MAT included criminal justice preferences for drug-free treatment, limited knowledge of the benefits of MAT, security concerns, regulations prohibiting use of MAT for certain agencies, and lack of qualified medical staff. Differences across agency type in the factors influencing use and perceptions of MAT were also examined. MAT use is largely limited to detoxification and maintenance of pregnant women in criminal justice settings. Use of MAT during the community reentry period is minimal. Addressing inadequate knowledge and negative attitudes about MAT may increase its adoption, but better linkages to community pharmacotherapy during the reentry period might overcome other issues, including security, liability, staffing, and regulatory concerns. The CJ-DATS collaborative MAT implementation study to address inadequate knowledge, attitudes, and linkage will be described.

  9. Addiction between therapy and criminalization.

    PubMed

    Birklbauer, Alois; Schmidthuber, Kathrin

    2014-12-01

    The present paper delves into the question of whether and to what extent it is appropriate to leave addiction problems between the conflicting priorities of therapy and criminalization. After outlining the issue the criminal addictive behaviour including crimes associated with drug misuse and with obtaining drugs is described. Subsequently it is discussed if and how you could make allowances for addiction-related legal insanity in the criminal law sector. Following a few remarks on the principle of "voluntary therapy instead of penal sanction" as a way to alleviate the strict law on narcotic drugs misuse a summary and an outlook with criminal-political demands complete the issue.

  10. Addiction between therapy and criminalization.

    PubMed

    Birklbauer, Alois; Schmidthuber, Kathrin

    2014-12-01

    The present paper delves into the question of whether and to what extent it is appropriate to leave addiction problems between the conflicting priorities of therapy and criminalization. After outlining the issue the criminal addictive behaviour including crimes associated with drug misuse and with obtaining drugs is described. Subsequently it is discussed if and how you could make allowances for addiction-related legal insanity in the criminal law sector. Following a few remarks on the principle of "voluntary therapy instead of penal sanction" as a way to alleviate the strict law on narcotic drugs misuse a summary and an outlook with criminal-political demands complete the issue. PMID:25377376

  11. Crimes against Humanity: The Role of International Courts

    PubMed Central

    Schneider, Éder Milton; Iglesias, José Roberto; Hallberg, Karen; Kuperman, Marcelo Néstor

    2014-01-01

    We study the role of international tribunals, like the International Criminal Court (ICC), as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a “decent” one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system. PMID:24967894

  12. Crimes against humanity: the role of international courts.

    PubMed

    Schneider, Eder Milton; Iglesias, José Roberto; Hallberg, Karen; Kuperman, Marcelo Néstor

    2014-01-01

    We study the role of international tribunals, like the International Criminal Court (ICC), as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

  13. Crimes against humanity: the role of international courts.

    PubMed

    Schneider, Eder Milton; Iglesias, José Roberto; Hallberg, Karen; Kuperman, Marcelo Néstor

    2014-01-01

    We study the role of international tribunals, like the International Criminal Court (ICC), as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system. PMID:24967894

  14. Criminal Careers and Cognitive Scripts: An Investigation into Criminal Versatility

    ERIC Educational Resources Information Center

    Gavin, Helen; Hockey, David

    2010-01-01

    "Criminal careers" denotes ways in which offenders develop specialisms and versatility, but studies linking delinquency to social skills deficits have not attempted to explore cognitive, internalised processes by which such "careers" might be chosen. This study investigated criminal minds via script theory: "internal" scripts are used to guide…

  15. Your business in court: 2009-2010.

    PubMed

    Reiss, John B; Hall, Christopher R; Wartman, Gregory J

    2011-01-01

    During this period, FDA focused considerable effort on its transparency initiative, which is likely to continue into the coming year, as well as continuing to ramp up its enforcement activities, as we predicted last year. The scope of the agency's ability to pre-empt state laws in product liability litigation involving pharmaceutical products still is developing post-Levine, and we are likely to see new decisions in the coming year. Fraud and abuse enforcement still is a major factor facing the industry, with the added threat of personal exposure to criminal sentences, fines and debarment from participation in federal and state programs under the Responsible Corporate Officer doctrine, or under the authorities exercised by the Department of Health and Human Services Office of the Inspector General. Consequently, it is increasingly important that senior corporate officers ensure active oversight of an effective compliance program which should mitigate these risks. The Federal Trade Commission continues to battle consumer fraud, particularly respecting weight loss programs, and it appears to be fighting a losing battle in its effort to prevent "reverse" payments to generic manufacturers by Innovator Manufacturers to delay the introduction of generics to the market. The Securities and Exchange Commission continues to be actively enforcing the Foreign Corrupt Practices Act. The Supreme Court gave shareholders more leeway in bringing stockholder suits in situations where a company conceals information that, if revealed, could have a negative effect on stock prices.

  16. Your business in court: 2009-2010.

    PubMed

    Reiss, John B; Hall, Christopher R; Wartman, Gregory J

    2011-01-01

    During this period, FDA focused considerable effort on its transparency initiative, which is likely to continue into the coming year, as well as continuing to ramp up its enforcement activities, as we predicted last year. The scope of the agency's ability to pre-empt state laws in product liability litigation involving pharmaceutical products still is developing post-Levine, and we are likely to see new decisions in the coming year. Fraud and abuse enforcement still is a major factor facing the industry, with the added threat of personal exposure to criminal sentences, fines and debarment from participation in federal and state programs under the Responsible Corporate Officer doctrine, or under the authorities exercised by the Department of Health and Human Services Office of the Inspector General. Consequently, it is increasingly important that senior corporate officers ensure active oversight of an effective compliance program which should mitigate these risks. The Federal Trade Commission continues to battle consumer fraud, particularly respecting weight loss programs, and it appears to be fighting a losing battle in its effort to prevent "reverse" payments to generic manufacturers by Innovator Manufacturers to delay the introduction of generics to the market. The Securities and Exchange Commission continues to be actively enforcing the Foreign Corrupt Practices Act. The Supreme Court gave shareholders more leeway in bringing stockholder suits in situations where a company conceals information that, if revealed, could have a negative effect on stock prices. PMID:24505838

  17. Shared psychotic disorder and criminal responsibility: a review and case report of folie à trois.

    PubMed

    Joshi, Kaustubh G; Frierson, Richard L; Gunter, Tracy D

    2006-01-01

    We present a case of shared psychotic disorder involving three sisters who were successful in establishing an insanity defense on numerous felony charges in the South Carolina criminal court system. Two of the authors of this article were court-appointed examiners in this case. We then present a history of shared psychotic disorder, an overview of the use of this diagnosis in the defense of insanity, and a discussion of the disposition of individuals with "temporary insanity." Finally, we compare shared psychotic disorder, culturally based belief systems, and religious cults, with a focus on their common and contrasting characteristics.

  18. Shared psychotic disorder and criminal responsibility: a review and case report of folie à trois.

    PubMed

    Joshi, Kaustubh G; Frierson, Richard L; Gunter, Tracy D

    2006-01-01

    We present a case of shared psychotic disorder involving three sisters who were successful in establishing an insanity defense on numerous felony charges in the South Carolina criminal court system. Two of the authors of this article were court-appointed examiners in this case. We then present a history of shared psychotic disorder, an overview of the use of this diagnosis in the defense of insanity, and a discussion of the disposition of individuals with "temporary insanity." Finally, we compare shared psychotic disorder, culturally based belief systems, and religious cults, with a focus on their common and contrasting characteristics. PMID:17185481

  19. [The pedophilic criminal].

    PubMed

    Heim, M; Morgner, J

    1985-02-01

    After a review of the literature dealing with pedophilia, the results of an analysis of 100 forensic psychiatric reports dealing with pedophile criminals are described. They show that, except for a few homosexual pedophiles, pedophilia is a pseudoperversion originating from different developmental conditions and, in individual cases, verifiable personality traits. The authors discuss problems involved in the forensic-psychiatric assessment of these delinquents. Attention is drawn to the necessity of purposeful, coordinated further education in this respect to enable the existing considerable discrepancies between forensic-psychiatric evaluation of these and other sexual deviants to be overcome.

  20. Jaycee B. v. Superior Court.

    PubMed

    1996-02-01

    California's Court of Appeal directed the family court to determine temporary child support during the dissolution of a marriage prior to the birth of a child with no genetic or gestational relationship to the intended parents. A husband and wife had entered into a gestational surrogacy contract for an embryo created by in vitro fertilization and using donated gametes. The trial court declined to make a temporary child support order because it found that the unborn child was not yet a "child of the marriage" under state law. The Court of Appeal held that it was unnecessary at this point in the litigation to conclusively establish the issue of the husband's parenthood. It was sufficient that the husband admitted signing the agreement which, for all practical purposes, caused the child's conception and that the husband would likely be found to be the child's father. PMID:12041102

  1. A criminal offender introspective report.

    PubMed

    Barnett, O; Barnett, D J

    1975-08-01

    The development of a new scale suitable for research with the criminal offender was described. Based on the factor analysis of an item pool delineating sociopathic personality traits, five factors were derived to compose an 80-item criminal offender introspective report (COIR). PMID:1195092

  2. Drug Use and Criminal Behavior

    ERIC Educational Resources Information Center

    Fink, Ludwig; Hyatt, Murray P.

    1978-01-01

    An overview of addiction and crime is presented. Crimes of violence and sex crimes are contrasted with non-violent criminal behavior when drug-connected. It is suggested that alternative methods of dealing with drug abuse and criminal behavior be explored, and that several previously discarded methods be re-examined. (Author)

  3. "California v. Greenwood" Moot Court Simulation.

    ERIC Educational Resources Information Center

    Hess, Diana

    1989-01-01

    Provides a moot court activity in which secondary students re-enact the U.S. Supreme Court case "California v. Greenwood," concerning the exclusionary rule and the privacy of a citizen's trash. Students role-play Supreme Court justices and attorneys to gain an understanding of how appellate courts operate. (LS)

  4. Three Years of Teen Court Offender Outcomes

    ERIC Educational Resources Information Center

    Forgays, Deborah Kirby

    2008-01-01

    Since 1983, Teen Courts have offered a judicial alternative for many adolescent offenders. In the first year of the Whatcom County Teen Court Program, a small sample of Teen Court offenders had more favorable outcomes than did Court Diversion offenders. In the current study, the results are based on a three-year sample of 84 Whatcom County…

  5. 42 CFR 401.152 - Court review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Court review. 401.152 Section 401.152 Public Health... GENERAL ADMINISTRATIVE REQUIREMENTS Confidentiality and Disclosure § 401.152 Court review. Where the... seek court review in the district court of the United States pursuant to 5 U.S.C. 552(a)(4)(B)....

  6. 42 CFR 401.152 - Court review.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 42 Public Health 2 2013-10-01 2013-10-01 false Court review. 401.152 Section 401.152 Public Health... GENERAL ADMINISTRATIVE REQUIREMENTS Confidentiality and Disclosure § 401.152 Court review. Where the... seek court review in the district court of the United States pursuant to 5 U.S.C. 552(a)(4)(B)....

  7. 42 CFR 401.152 - Court review.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 2 2012-10-01 2012-10-01 false Court review. 401.152 Section 401.152 Public Health... GENERAL ADMINISTRATIVE REQUIREMENTS Confidentiality and Disclosure § 401.152 Court review. Where the... seek court review in the district court of the United States pursuant to 5 U.S.C. 552(a)(4)(B)....

  8. 42 CFR 401.152 - Court review.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 2 2011-10-01 2011-10-01 false Court review. 401.152 Section 401.152 Public Health... GENERAL ADMINISTRATIVE REQUIREMENTS Confidentiality and Disclosure § 401.152 Court review. Where the... seek court review in the district court of the United States pursuant to 5 U.S.C. 552(a)(4)(B)....

  9. The Rehnquist Court Comes of Age.

    ERIC Educational Resources Information Center

    O'Brien, David M.

    1989-01-01

    Analyzes the actions and effects of the U.S. Supreme Court under Chief Justice William H. Rehnquist. Considers Court decisions written in 1988-1989, commenting on the Court's growing self-confidence and strength. Concludes that the Rehnquist Court could be one of the most lasting legacies of the Reagan era. (LS)

  10. Craziness and criminal responsibility.

    PubMed

    Morse, S J

    1999-01-01

    This article addresses why mental disorder is relevant to criminal responsibility. It begins by considering the meaning of criminal responsibility because it is impossible to understand the relevance of mental disorder unless one understands responsibility clearly. The next section provides a theoretical account of responsibility and excuse in general and addresses common misconceptions about these topics. The third section examines in detail why mental disorder can sometimes produce either a complete or partial excusing condition, such as legal insanity or "partial responsibility," and whether the U.S. Constitution requires the provision of an excuse based on mental disorder. The section proposes that mental disorder should produce an excusing condition in appropriate cases. The next section considers the relation of mental disorder to mens rea, the mental state "element" that is a definitional criterion of most crimes, and whether the U.S. Constitution requires that defendants be permitted to use evidence of mental disorder to negate mental state elements of the crime charged. This section argues that mental disorder rarely negates mens rea, but in those cases in which a plausible claim for negation could be made, defendants should be allowed to make this claim.

  11. Causality in criminal forensic and in civil disability cases: Legal and psychological comparison.

    PubMed

    Young, Gerald

    2015-01-01

    Causality (or causation) is central to every legal case, yet its underlying philosophical, legal, and psychological definitions and conceptions vary. In the criminal context, it refers to establishing the responsibility of the perpetrator of the criminal act at issue in terms of the person's mental state (mens rea), and whether the insanity defense applies. In the forensic disability and related context, it refers to whether the index event is a material or contributing cause in the multifactorial array that led to the psychological condition at issue. In both the criminal and tort contexts, the legal test is a counterfactual one. For the former, it refers to whether the outcome involved would have resulted absent the act (e.g., in cases of simultaneous criminal lethal action, which one is the but-for responsible one). For the latter, it concerns whether the claimed psychological condition would be present only because of the incident at issue. The latter event at issue is distinguished from the criminal one by its negligence compared to the voluntary intent in the criminal case. The psychological state of the perpetrator of criminal conduct can be analyzed from a biopsychosocial perspective as much as the civil one. In this regard, in the civil case, such as in forensic disability and related assessments, pre-existing, precipitating, and perpetuating factors need to be considered causally, with personal and social resilience and protective factors added, as well. In the criminal context, the same biopsychosocial model applies, but with mental competence and voluntariness added as a critical factor. The advent of neurolaw has led to use of neuroscience in court, but it risks reducing the complexity of criminal cases to unifactorial, biological models.

  12. Causality in criminal forensic and in civil disability cases: Legal and psychological comparison.

    PubMed

    Young, Gerald

    2015-01-01

    Causality (or causation) is central to every legal case, yet its underlying philosophical, legal, and psychological definitions and conceptions vary. In the criminal context, it refers to establishing the responsibility of the perpetrator of the criminal act at issue in terms of the person's mental state (mens rea), and whether the insanity defense applies. In the forensic disability and related context, it refers to whether the index event is a material or contributing cause in the multifactorial array that led to the psychological condition at issue. In both the criminal and tort contexts, the legal test is a counterfactual one. For the former, it refers to whether the outcome involved would have resulted absent the act (e.g., in cases of simultaneous criminal lethal action, which one is the but-for responsible one). For the latter, it concerns whether the claimed psychological condition would be present only because of the incident at issue. The latter event at issue is distinguished from the criminal one by its negligence compared to the voluntary intent in the criminal case. The psychological state of the perpetrator of criminal conduct can be analyzed from a biopsychosocial perspective as much as the civil one. In this regard, in the civil case, such as in forensic disability and related assessments, pre-existing, precipitating, and perpetuating factors need to be considered causally, with personal and social resilience and protective factors added, as well. In the criminal context, the same biopsychosocial model applies, but with mental competence and voluntariness added as a critical factor. The advent of neurolaw has led to use of neuroscience in court, but it risks reducing the complexity of criminal cases to unifactorial, biological models. PMID:26325348

  13. A Pilot Test of a Mobile App for Drug Court Participants

    PubMed Central

    Johnson, Kimberly; Richards, Stephanie; Chih, Ming-Yuan; Moon, Tae Joon; Curtis, Hilary; Gustafson, David H.

    2016-01-01

    The U.S. criminal justice system refers more people to substance abuse treatment than any other system. Low treatment completion rates and high relapse rates among addicted offenders highlight the need for better substance use disorder treatment and recovery tools. Mobile health applications (apps) may fill that need by providing continuous support. In this pilot test, 30 participants in a Massachusetts drug court program used A-CHESS, a mobile app for recovery support and relapse prevention, over a four-month period. Over the course of the study period, participants opened A-CHESS on average of 62% of the days that they had the app. Social networking tools were the most utilized services. The study results suggest that drug court participants will make regular use of a recovery support app. This pilot study sought to find out if addicted offenders in a drug court program would use a mobile application to support and manage their recovery. PMID:26917964

  14. A Pilot Test of a Mobile App for Drug Court Participants.

    PubMed

    Johnson, Kimberly; Richards, Stephanie; Chih, Ming-Yuan; Moon, Tae Joon; Curtis, Hilary; Gustafson, David H

    2016-01-01

    The U.S. criminal justice system refers more people to substance abuse treatment than any other system. Low treatment completion rates and high relapse rates among addicted offenders highlight the need for better substance use disorder treatment and recovery tools. Mobile health applications (apps) may fill that need by providing continuous support. In this pilot test, 30 participants in a Massachusetts drug court program used A-CHESS, a mobile app for recovery support and relapse prevention, over a four-month period. Over the course of the study period, participants opened A-CHESS on average of 62% of the days that they had the app. Social networking tools were the most utilized services. The study results suggest that drug court participants will make regular use of a recovery support app. This pilot study sought to find out if addicted offenders in a drug court program would use a mobile application to support and manage their recovery. PMID:26917964

  15. A Pilot Test of a Mobile App for Drug Court Participants.

    PubMed

    Johnson, Kimberly; Richards, Stephanie; Chih, Ming-Yuan; Moon, Tae Joon; Curtis, Hilary; Gustafson, David H

    2016-01-01

    The U.S. criminal justice system refers more people to substance abuse treatment than any other system. Low treatment completion rates and high relapse rates among addicted offenders highlight the need for better substance use disorder treatment and recovery tools. Mobile health applications (apps) may fill that need by providing continuous support. In this pilot test, 30 participants in a Massachusetts drug court program used A-CHESS, a mobile app for recovery support and relapse prevention, over a four-month period. Over the course of the study period, participants opened A-CHESS on average of 62% of the days that they had the app. Social networking tools were the most utilized services. The study results suggest that drug court participants will make regular use of a recovery support app. This pilot study sought to find out if addicted offenders in a drug court program would use a mobile application to support and manage their recovery.

  16. Rethinking Conceptual Definitions of the Criminal Career and Serial Criminality.

    PubMed

    Edelstein, Arnon

    2016-01-01

    Since Cesare Lombroso's days, criminology seeks to define, explain, and categorize the various types of criminals, their behaviors, and motives. This aim has theoretical as well as policy-related implications. One of the important areas in criminological thinking focuses chiefly on recidivist offenders who perform large numbers of crimes and/or commit the most dangerous crimes in society (rape, murder, arson, and armed robbery). These criminals have been defined as "habitual offenders," "professional criminals," "career criminals," and "serial offenders." The interest in these criminals is a rational one, given the perception that they present a severe threat to society. The main challenge in this area of research is a conceptual problem that has significant effects across the field. To this day, scholars have reused and misused titles to define and explain different concepts. The aim of this article is 3-fold. First, to review the concepts of criminal career, professional crime, habitual offenses, and seriality with a critical attitude on confusing terms. Second, to propose the redefinition of concepts mentioned previously, mainly on the criminal career. Third, to propose a theoretical model to enable a better understanding of, and serve as a basis for, further research in this important area of criminology.

  17. Neuroscientific and behavioral genetic information in criminal cases in the Netherlands

    PubMed Central

    de Kogel, C.H.; Westgeest, E.J.M.C.

    2015-01-01

    In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a ‘genetic vulnerability for impulsive aggression’, the expectation was expressed that such ‘genetic defenses’ would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international ‘neurolaw literature’ the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines. PMID:27774213

  18. Commentary: the problem of agreement on diagnoses in criminal cases.

    PubMed

    Patterson, Raymond F

    2010-01-01

    The authors present an important two-part study as they strive to provide an empirical analysis of psychiatric diagnoses in criminal case reports in Australia. In the first part, they compare the level of agreement or correlation of diagnoses between pairs of experts who prepared reports for either the prosecution or defense with other reports prepared for the same and opposing sides and by profession (i.e., psychiatrists and/or psychologists). In the second part, they compare the level of agreement or correlation between experts retained by either the prosecution or defense and treating practitioners. Psychiatric diagnoses are fundamental requirements that may affect the adjudication of criminal and civil cases. Both parts of the study focus on criminal cases and are very exciting in that they review not only the correlation of agreements in these areas but also address indirectly the concept of the so-called hired gun. The development of specialized expertise in the evaluation and assessment of defendants by designated opinion or expert witnesses has progressed over time. The nexus between psychiatry and the law (i.e., forensic psychiatry) has included the presentation of psychiatric diagnosis to the courts and the necessity for the expert or treating practitioner to address legal questions raised by the court. This study makes important steps in the direction of examining and analyzing the role of psychiatric diagnosis according to the responsibilities of the evaluator (i.e., as independent examiner or treating practitioner), as well as the possible influence of professional training and experience on differences in diagnoses between two evaluators. It is anticipated that there will be further work in these areas to address not only diagnoses but forensic recommendations and opinions.

  19. The use of neuroscientific evidence in Canadian criminal proceedings

    PubMed Central

    Chandler, Jennifer A.

    2015-01-01

    This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian legal database was searched for cases in the five-year period between 2008 and 2012 in which neuroscientific evidence related to the responsibility and recidivism risk of criminal offenders was considered. Canadian courts consider neuroscientific evidence of many types, particularly evidence of prenatal alcohol exposure, traumatic brain injury, and neuropsychological testing. The majority of the cases are sentencing decisions, which is useful given that it offers an opportunity to observe how judges wrestle with the tension that evidence of diminished capacity due to brain damage tends to reduce moral blameworthiness, while it also tends to increase perceptions of risk and dangerousness. This so-called double-edged sword of the biological explanation of criminal behavior was reflected in this study, and raises questions about whether and when the pursuit of such evidence is advisable from the defense perspective. PMID:27774212

  20. Assessing the long-term impact of drug court participation on recidivism with generalized estimating equations.

    PubMed

    Krebs, Christopher P; Lindquist, Christine H; Koetse, Willem; Lattimore, Pamela K

    2007-11-01

    Drug courts are one of the most common strategies for dealing with the large proportion of criminal offenders who are drug-involved, yet methodological limitations limit the conclusions that can be drawn from many existing evaluations of their effectiveness. The current study examined the long-term impact of drug court participation compared to regular probation on the recidivism of 475 drug-involved offenders under supervision in Hillsborough County, Florida. Using a combination of self-reported data (collected through in-person interviews at baseline, i.e., the beginning of supervision) and administrative records, the study employed a repeated measures framework (examining five 6-month time periods from baseline to 30 months post-baseline) and generalized estimating equations to compare the likelihood of being arrested between drug court participants and a matched sample of comparison offenders. The results indicate that participation in drug court was associated with a significant decrease in the likelihood of being arrested in the 12-18 months post-baseline time period. Although the drug court effect was somewhat delayed (it was not significant prior to 12 months) and short-lived (it was not significant after 18 months), the fact that significant program effects were observed during a time period that coincides with the conclusion of drug court participation for graduates and a time period well beyond initial program exposure, suggests that drug court participants are more likely than comparable offenders not exposed to drug court to remain arrest free when no longer under community supervision.

  1. Commentary: Building a developmental-ecological model of criminal culpability during adolescence.

    PubMed

    McMahon, Thomas J

    2012-01-01

    In this issue of The Journal, Dr. Peter Ash offers the American Academy of Psychiatry and the Law some ideas on developmentally informed assessment of criminal culpability during adolescence. After highlighting issues that complicate the definition and assessment of criminal culpability, Ash lists 10 constructs that he believes should be carefully considered by forensic clinicians in developing opinions about legal responsibility for a crime committed by a minor. I applaud Ash for beginning a dialogue on the clinical dimension of this topic, and I appreciate his emphasis on the need for developmentally informed assessment of juvenile defendants. In this commentary, I briefly illustrate how the principles of developmental psychopathology can be used to articulate a developmental-ecological model of criminal culpability for use by forensic clinicians in the assessment of younger defendants, as the courts more broadly accept the concept of mitigation of legal responsibility by reason of developmental immaturity. PMID:22396339

  2. Commentary: Building a developmental-ecological model of criminal culpability during adolescence.

    PubMed

    McMahon, Thomas J

    2012-01-01

    In this issue of The Journal, Dr. Peter Ash offers the American Academy of Psychiatry and the Law some ideas on developmentally informed assessment of criminal culpability during adolescence. After highlighting issues that complicate the definition and assessment of criminal culpability, Ash lists 10 constructs that he believes should be carefully considered by forensic clinicians in developing opinions about legal responsibility for a crime committed by a minor. I applaud Ash for beginning a dialogue on the clinical dimension of this topic, and I appreciate his emphasis on the need for developmentally informed assessment of juvenile defendants. In this commentary, I briefly illustrate how the principles of developmental psychopathology can be used to articulate a developmental-ecological model of criminal culpability for use by forensic clinicians in the assessment of younger defendants, as the courts more broadly accept the concept of mitigation of legal responsibility by reason of developmental immaturity.

  3. Adolescent Criminal Acts Committed and Substance Use with a Voluntary Sample Recruited from Post-Secondary Institutions

    ERIC Educational Resources Information Center

    Collette, Tessa; Pakzad, Sarah; Bergheul, Saïd

    2015-01-01

    The current study focuses on exploring the relationships between various patterns of criminal acts committed, drug use, alcohol consumption, and adult personality traits in a sample with a low probability of life course persistent criminal behaviors. A retrospective questionnaire and the NEO-FFI (Five Factor Inventory) were administered to a…

  4. 75 FR 13305 - Notice of Cancellation of the Environmental Impact Statement for the Criminal Alien Requirement 9

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-03-19

    ... Alien Requirement 9 AGENCY: U.S. Department of Justice, Federal Bureau of Prisons. ACTION: Notice of... Statement (EIS) for the Criminal Alien Requirement 9 project (CAR 9). This notice briefly describes the... contractor's to house up to 1,889 federal, low-security, adult male, non-U.S. citizen, criminal aliens...

  5. [Is retrospective preventive detention finished? Legal consequences of the verdict of the European Court of Human Rights from 17.12.2009].

    PubMed

    Leygraf, J

    2010-07-01

    On 17.12.2009 the European Court of Human Rights announced a verdict on the admissibility of retrospective abolition of the 10-year time limit for the first preventive detention for violent criminals after a court process lasting 5.5 years. The Court decreed that this was a breach of the Convention and awarded the internee damages of 50,000 EUR. This verdict, which has initially brought the damages to the person concerned but not freedom, will have substantial effects on the right of preventive detention. This decision is final since 10 May 2010 after the High Court rejected the appeal of the Federal Government. This article presents the verdict of the European Court and discusses the sequelae for the right of preventive detention.

  6. Handedness, criminality, and sexual offending.

    PubMed

    Bogaert, A F

    2001-01-01

    A very large database was used to investigate whether men with a history of criminality and/or sexual offending have a higher incidence of nonright-handedness (NRH) relative to a control sample of nonoffender men. The sample (N>8000) comprised interviews by investigators at the Kinsey Institute for Sex and Reproduction in Indiana. The general offender group and a subsample of sex offenders (e.g. pedophiles) had a significantly higher rate of NRH relative to the control (nonoffender) men. In addition, evidence was found that the general criminality/NRH relationship might result from increased educational difficulties that some nonright-handers experience. In contrast, education was unrelated to the handedness/pedophilia relationship, suggesting that there may be a different mechanism underlying the handedness/pedophile relationship than the handedness/(general) criminality relationship. Finally, as a cautionary note, it is stressed that the effects are small and that NRH should not be used as a marker of criminality.

  7. Even Lesbian Youths or Those Presumed to Be Lesbians Are Protected by the Constitution of Uganda--But to a Limited Extent: Rules the High Court

    ERIC Educational Resources Information Center

    Mujuzi, Jamil Ddamulira

    2009-01-01

    The Ugandan Penal Code criminalizes same-sex relationships. The author analyzes the Ugandan High Court decision where the judge relied on the Constitution and international human rights instruments to hold that law enforcement officers must respect the rights to privacy and human dignity even of those people presumed to be in same-sex…

  8. Employment, employment-related problems, and drug use at drug court entry.

    PubMed

    Leukefeld, Carl; McDonald, Hope Smiley; Staton, Michele; Mateyoke-Scrivner, Allison

    2004-01-01

    The literature indicates that employment may be an important factor for retaining substance misusing clients in treatment. Given the link between employment problems and treatment retention for Drug Court clients, the current project builds upon the existing services provided by Drug Courts in order to develop and implement an innovative model that focuses on obtaining, maintaining, and upgrading employment for Drug Court participants. The purpose of this article is to (1) describe the employment intervention used in Kentucky Drug Courts, which is grounded in established job readiness and life skill training approaches; and (2) profile those participants who were employed full-time prior to Drug Court and those who were not. Findings suggest that those employed full-time were more likely to have higher incomes and more earned income from legitimate job sources, although there were no differences in the types of employment (major jobs included food service and construction). In addition, study findings suggest that full-time employment was not "protective" since there were few differences in drug use and criminal activity by employment status. Employment interventions need to be examined to determine their utility for enhancing employment and keeping drug users in treatment. This article focuses on the initial 400 participants, who began entering the study in March, 2000.

  9. The Camera Comes to Court.

    ERIC Educational Resources Information Center

    Floren, Leola

    After the Lindbergh kidnapping trial in 1935, the American Bar Association sought to eliminate electronic equipment from courtroom proceedings. Eventually, all but two states adopted regulations applying that ban to some extent, and a 1965 Supreme Court decision encouraged the banning of television cameras at trials as well. Currently, some states…

  10. 25 CFR 11.908 - Court records.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false Court records. 11.908 Section 11.908 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.908 Court records. (a) A record of all hearings under §§ 11.900-11.1114 of this...

  11. The Many Voices of the Burger Court and School Desegregation.

    ERIC Educational Resources Information Center

    Hudgins, H. C., Jr.

    1978-01-01

    Unlike the Warren Court, the Burger Court has had a lack of unanimity on school desegregation cases and the court has been divided. As a result there is no clear direction evident in the court's decisions. (IRT)

  12. 25 CFR 11.206 - Is the Court of Indian Offenses a court of record?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false Is the Court of Indian Offenses a court of record? 11.206 Section 11.206 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Courts of Indian Offenses; Personnel; Administration § 11.206 Is the...

  13. The Burger Court and the Press.

    ERIC Educational Resources Information Center

    Higdon, Philip R.

    This report discusses recent cases involving freedom of the press that have been heard before the Burger court of the United States Supreme Court. The report discerns a trend toward treating the press like an ordinary citizen; this is a reversal of the view of the Warren court that the First Amendment creates special rights for the press so that…

  14. Youth Court: Advocating for All Children.

    ERIC Educational Resources Information Center

    Skaruppa, Cindy L.; LeBlanc, Patrice; Lacey, Candace H.

    This paper describes the evaluative research of the Palm Beach County, Florida School Districts Youth Court Trial Program. Youth or teen courts have been implemented as an alternative measure to juvenile courts for handling adolescents who committed delinquent acts, usually for the first time. The purpose of the applied research was to identify…

  15. 5 CFR 890.107 - Court review.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Court review. 890.107 Section 890.107... EMPLOYEES HEALTH BENEFITS PROGRAM Administration and General Provisions § 890.107 Court review. (a) A suit... the carrier or carrier's subcontractors. The recovery in such a suit shall be limited to a court...

  16. 36 CFR 1150.105 - Court enforcement.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Court enforcement. 1150.105... BOARD PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS Posthearing Procedures; Decisions § 1150.105 Court... appropriate United States district court to enforce, in whole or in part, any final compliance order....

  17. 46 CFR 327.8 - Court action.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 46 Shipping 8 2013-10-01 2013-10-01 false Court action. 327.8 Section 327.8 Shipping MARITIME....8 Court action. (a) No seamen, having a claim specified in subsections (2) and (3) of section 1(a... representatives shall institute a court action for the enforcement of such claim unless such claim shall have...

  18. 45 CFR 1604.7 - Court appointments.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 4 2013-10-01 2013-10-01 false Court appointments. 1604.7 Section 1604.7 Public... LAW § 1604.7 Court appointments. (a) A recipient's written policies may permit a full-time attorney to accept a court appointment if the director of the recipient or the director's designee determines...

  19. 27 CFR 555.80 - Court review.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2011-04-01 2010-04-01 true Court review. 555.80... Court review. An applicant, licensee, or permittee may, within 60 days after receipt of the decision of..., file a petition for a judicial review of the decision, with the U.S. Court of Appeals for the...

  20. 27 CFR 555.80 - Court review.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Court review. 555.80... Court review. An applicant, licensee, or permittee may, within 60 days after receipt of the decision of..., file a petition for a judicial review of the decision, with the U.S. Court of Appeals for the...

  1. 45 CFR 1604.7 - Court appointments.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 4 2014-10-01 2014-10-01 false Court appointments. 1604.7 Section 1604.7 Public... LAW § 1604.7 Court appointments. (a) A recipient's written policies may permit a full-time attorney to accept a court appointment if the director of the recipient or the director's designee determines...

  2. 46 CFR 327.34 - Court action.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 46 Shipping 8 2013-10-01 2013-10-01 false Court action. 327.34 Section 327.34 Shipping MARITIME... AND LITIGATION Admiralty Extension Act Claims; Administrative Action and Litigation § 327.34 Court... under 46 U.S.C. 30101(a) against the Maritime Administration, shall institute a court action against...

  3. 5 CFR 890.107 - Court review.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 2 2013-01-01 2013-01-01 false Court review. 890.107 Section 890.107... EMPLOYEES HEALTH BENEFITS PROGRAM Administration and General Provisions § 890.107 Court review. (a) A suit... the carrier or carrier's subcontractors. The recovery in such a suit shall be limited to a court...

  4. 45 CFR 1604.7 - Court appointments.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 4 2011-10-01 2011-10-01 false Court appointments. 1604.7 Section 1604.7 Public... LAW § 1604.7 Court appointments. (a) A recipient's written policies may permit a full-time attorney to accept a court appointment if the director of the recipient or the director's designee determines...

  5. 36 CFR 1150.105 - Court enforcement.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 36 Parks, Forests, and Public Property 3 2014-07-01 2014-07-01 false Court enforcement. 1150.105... BOARD PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS Posthearing Procedures; Decisions § 1150.105 Court... appropriate United States district court to enforce, in whole or in part, any final compliance order....

  6. 46 CFR 327.8 - Court action.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 46 Shipping 8 2012-10-01 2012-10-01 false Court action. 327.8 Section 327.8 Shipping MARITIME... AND LITIGATION § 327.8 Court action. No seamen, having a claim specified in subsections (2) and (3) of... beneficiaries, or their legal representatives shall institute a court action for the enforcement of such...

  7. 46 CFR 327.8 - Court action.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 46 Shipping 8 2014-10-01 2014-10-01 false Court action. 327.8 Section 327.8 Shipping MARITIME....8 Court action. (a) No seamen, having a claim specified in subsections (2) and (3) of section 1(a... representatives shall institute a court action for the enforcement of such claim unless such claim shall have...

  8. 46 CFR 327.34 - Court action.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 46 Shipping 8 2014-10-01 2014-10-01 false Court action. 327.34 Section 327.34 Shipping MARITIME... AND LITIGATION Admiralty Extension Act Claims; Administrative Action and Litigation § 327.34 Court... under 46 U.S.C. 30101(a) against the Maritime Administration, shall institute a court action against...

  9. 46 CFR 327.8 - Court action.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 46 Shipping 8 2011-10-01 2011-10-01 false Court action. 327.8 Section 327.8 Shipping MARITIME... AND LITIGATION § 327.8 Court action. No seamen, having a claim specified in subsections (2) and (3) of... beneficiaries, or their legal representatives shall institute a court action for the enforcement of such...

  10. 36 CFR 1150.105 - Court enforcement.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 36 Parks, Forests, and Public Property 3 2013-07-01 2012-07-01 true Court enforcement. 1150.105... BOARD PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS Posthearing Procedures; Decisions § 1150.105 Court... appropriate United States district court to enforce, in whole or in part, any final compliance order....

  11. 45 CFR 1604.7 - Court appointments.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Court appointments. 1604.7 Section 1604.7 Public... LAW § 1604.7 Court appointments. (a) A recipient's written policies may permit a full-time attorney to accept a court appointment if the director of the recipient or the director's designee determines...

  12. 36 CFR 1150.105 - Court enforcement.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 36 Parks, Forests, and Public Property 3 2012-07-01 2012-07-01 false Court enforcement. 1150.105... BOARD PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS Posthearing Procedures; Decisions § 1150.105 Court... appropriate United States district court to enforce, in whole or in part, any final compliance order....

  13. The Court in the Homeric Epos

    ERIC Educational Resources Information Center

    Loginov, Alexandr

    2016-01-01

    The research investigates the court system in Homeric Greece. This period was characterized by a declining culture and scarce works that described those times. Hence, the court procedures of those times remains understudied; therefore, the purpose of this research is to reconstruct theoretically the court procedure in Homeric Greece. Homer's and…

  14. 27 CFR 555.80 - Court review.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2013-04-01 2013-04-01 false Court review. 555.80... Court review. An applicant, licensee, or permittee may, within 60 days after receipt of the decision of..., file a petition for a judicial review of the decision, with the U.S. Court of Appeals for the...

  15. 27 CFR 555.80 - Court review.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2014-04-01 2014-04-01 false Court review. 555.80... Court review. An applicant, licensee, or permittee may, within 60 days after receipt of the decision of..., file a petition for a judicial review of the decision, with the U.S. Court of Appeals for the...

  16. 27 CFR 71.118 - Court review.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 2 2014-04-01 2014-04-01 false Court review. 71.118... OF THE TREASURY (CONTINUED) PROCEDURES AND PRACTICES RULES OF PRACTICE IN PERMIT PROCEEDINGS Review § 71.118 Court review. If an applicant or respondent files an appeal in Federal court of...

  17. Supreme Court issues limited ruling in challenge to Utah abortion ban.

    PubMed

    1996-06-28

    A law passed in Utah in 1991 which prohibited abortion except in cases of life endangerment, rape, incest, risk of grave damage to a woman's medical health, or grave fetal defects. The exceptions for women who had been sexually abused were eliminated after 20 weeks gestation. In December 1992, US District Court Judge J. Thomas Greene found the ban unconstitutional as applied to abortions prior to 20 weeks but upheld it as applied to procedures after that point in pregnancy. A three-judge appellate panel later reversed the district court decision in August 1995 on the argument that the prohibition on post-20-week abortions could not stand independent of the ban on earlier procedures. The appeals court also struck down a requirement that physicians performing those abortions allowed after viability use the method most likely to give the fetus the best chance of survival, unless it would endanger a woman's life or cause grave damage to her medical health. In an unsigned opinion issued on June 17, 1996, the US Supreme Court reversed the appeals court decision which struck down Utah's original 1991 ban on abortions. Five justices ruling in Leavitt v. Jane L. found that the US Court of Appeals for the Tenth Circuit misapplied Utah precedent when it found that the criminal abortion statute could not be divided into two separate abortion bans, one before and one after 20 weeks gestation. Health care providers will now argue that the ban on post-20-week abortions should be struck down on constitutional grounds. This is the first challenge to a state abortion law to come under High Court review since Planned Parenthood v. Casey in 1992.

  18. Trajectories of desistance and continuity in antisocial behavior following court adjudication among serious adolescent offenders

    PubMed Central

    MULVEY, EDWARD P.; STEINBERG, LAURENCE; PIQUERO, ALEX R.; BESANA, MICHELLE; FAGAN, JEFFREY; SCHUBERT, CAROL; CAUFFMAN, ELIZABETH

    2010-01-01

    Because many serious adolescent offenders reduce their antisocial behavior after court involvement, understanding the patterns and mechanisms of the process of desistance from criminal activity is essential for developing effective interventions and legal policy. This study examined patterns of self-reported antisocial behavior over a 3-year period after court involvement in a sample of 1,119 serious male adolescent offenders. Using growth mixture models, and incorporating time at risk for offending in the community, we identified five trajectory groups, including a “persister” group (8.7% of the sample) and a “desister” group (14.6% of the sample). Case characteristics (age, ethnicity, antisocial history, deviant peers, a criminal father, substance use, psychosocial maturity) differentiated the five trajectory groups well, but did not effectively differentiate the persisting from desisting group. We show that even the most serious adolescent offenders report relatively low levels of antisocial activity after court involvement, but that distinguishing effectively between high-frequency offenders who desist and those who persist requires further consideration of potentially important dynamic factors related to this process. PMID:20423553

  19. Under construction: Brain formation, culpability, and the criminal justice system.

    PubMed

    Burke, Alison S

    2011-01-01

    Should adolescents be held as culpable for their behavior as adults? Adolescence is a tumultuous time, full of change and transformation. This paper examines the development of brain functions and cognitive capabilities of teenagers. It explores the effect of alcohol use on brain development and the fundamental cognitive differences between adolescents and adults. This knowledge, coupled with the assessment of developmental perspective, suggests that the adultification of youth (or waiver to adult court) is unduly harsh for youth whose brains have not fully formed.

  20. "Blowed off by a side wind"? Coronial inquests following criminal acquittals.

    PubMed

    Aberdeen, John

    2016-03-01

    For three decades, Australian coroners have been moving steadily away from an historical partnership with the criminal law, and have emerged as independent judicial investigators with a dedicated court, and forensic and administrative support structures. Occasionally, however, a situation may arise where the ghosts of coronial law's quasi-criminal past threaten to reappear, to the detriment of the coronial function. One of these situations might develop following an acquittal on a criminal charge which involved the causing of a death. Issues pertaining to a coroner's duty may remain unresolved following criminal proceedings; and the question has to be posed as to whether the result of the previous criminal prosecution restricts or confines, in any way, the scope of permissible findings by a coroner in a later inquest. This article attempts to address this question in the particular context of Queensland law and its historical antecedents--many of which are common to other jurisdictions--in the hope that it might provoke consideration of the underlying practical and theoretical issues to the future benefit of coronial legal theory. PMID:27323637

  1. Adaptive Interventions in Drug Court: A Pilot Experiment

    PubMed Central

    Marlowe, Douglas B.; Festinger, David S.; Arabia, Patricia L.; Dugosh, Karen L.; Benasutti, Kathleen M.; Croft, Jason R.; McKay, James R.

    2009-01-01

    This pilot study (N = 30) experimentally examined the effects of an adaptive intervention in an adult misdemeanor drug court. The adaptive algorithm adjusted the frequency of judicial status hearings and clinical case-management sessions according to pre-specified criteria in response to participants' ongoing performance in the program. Results revealed the adaptive algorithm was acceptable to both clients and staff, feasible to implement with greater than 85% fidelity, and showed promise for eliciting clinically meaningful improvements in drug abstinence and graduation rates. Estimated effect sizes ranged from 0.40 to 0.60 across various dependent measures. Compared to drug court as-usual, participants in the adaptive condition were more likely to receive responses from the drug court team for inadequate performance in the program and received those responses after a substantially shorter period of time. This suggests the adaptive algorithm may have more readily focused the drug court team's attention on poorly-performing individuals, thus allowing the team to “nip problems in the bud” before they developed too fully. These preliminary data justify additional research evaluating the effects of the adaptive algorithm in a fully powered experimental trial. PMID:19724664

  2. Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

    PubMed

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

    Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis.

  3. The United States Supreme Court and psychiatry in the 1990s.

    PubMed

    Ciccone, J R

    1999-03-01

    In the 1990s, the Supreme Court has decided several cases that have had an impact on psychiatry and psychiatric patients in the criminal justice system, on psychiatric hospitalization, and on psychotherapist-patient privilege. Of the seven cases discussed in this article, Chief Justice Rehnquist and Justice Scalia voted similarly in all seven cases. Since joining the court, Justice Thomas has voted with them. Justice Scalia interprets the Constitution, using what has been termed "textualism": avoid reference to legislative history, and interpret the Constitution according to the plain language meaning of the relevant section. Chief Justice Rehnquist and Justices Scalia and Thomas are inclined to protect states' rights from court decisions that expand US Constitutional power in cases involving civil plaintiffs and criminal defendants. They seek to protect states from being sued in federal courts, and, if there is doubt, lean toward not interfering with state prerogatives. They tend to not find unenumerated rights and prefer clear-cut rules over amorphous standards. Justices Kennedy and O'Connor, at times joined by Justice Souter in the middle of the court, provide the deciding votes in many cases. They seem to prefer a case-by-case pragmatism over a global jurisprudential philosophy. Approaching cases one at a time, they usually avoid broad philosophic pronouncements when they join with Chief Justice Rehnquist. Justice Stevens, joined by Justices Breyer and Ginsburg since they have been appointed to the court, is more likely to favor a broader reading of the 14th Amendment's Due Process and Equal Protection clauses. Of the seven cases, Kennedy and O'Connor voted with the majority in five cases, the dissent in one case (Zinermon v Burch), and split their votes in one case (Foucha v Louisiana, with O'Connor siding with the Court and Kennedy with the dissent). Commager, a noted historian, believed that political issues can be explored, explained, and debated and that

  4. Neurologic disorder and criminal responsibility.

    PubMed

    Yaffe, Gideon

    2013-01-01

    Sufferers from neurologic and psychiatric disorders are not uncommonly defendants in criminal trials. This chapter surveys a variety of different ways in which neurologic disorder bears on criminal responsibility. It discusses the way in which a neurologic disorder might bear on the questions of whether or not the defendant acted voluntarily; whether or not he or she was in the mental state that is required for guilt for the crime; and whether or not he or she is deserving of an insanity defense. The discussion demonstrates that a just determination of whether a sufferer from a neurologic disorder is diminished in his or her criminal responsibility for harmful conduct requires equal appreciation of the nature of the relevant disorder and its impact on behavior, on the one hand, and of the legal import of facts about the psychologic mechanisms through which behavior is generated, on the other.

  5. Neurologic disorder and criminal responsibility.

    PubMed

    Yaffe, Gideon

    2013-01-01

    Sufferers from neurologic and psychiatric disorders are not uncommonly defendants in criminal trials. This chapter surveys a variety of different ways in which neurologic disorder bears on criminal responsibility. It discusses the way in which a neurologic disorder might bear on the questions of whether or not the defendant acted voluntarily; whether or not he or she was in the mental state that is required for guilt for the crime; and whether or not he or she is deserving of an insanity defense. The discussion demonstrates that a just determination of whether a sufferer from a neurologic disorder is diminished in his or her criminal responsibility for harmful conduct requires equal appreciation of the nature of the relevant disorder and its impact on behavior, on the one hand, and of the legal import of facts about the psychologic mechanisms through which behavior is generated, on the other. PMID:24182391

  6. 31 CFR 100.13 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... CURRENCY AND COIN Exchange of Coin § 100.13 Criminal penalties. Criminal penalties connected with the defacement or mutilation of U.S. coins are provided in the United States Code, Title 18, section 331....

  7. 31 CFR 100.13 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ..., DEPARTMENT OF THE TREASURY EXCHANGE OF PAPER CURRENCY AND COIN Exchange of Coin § 100.13 Criminal penalties. Criminal penalties connected with the defacement or mutilation of U.S. coins are provided in the...

  8. The criminal responsibility of people with multiple personality disorder.

    PubMed

    Saks, E

    1995-01-01

    Because multiple personality disorder (MPD) is more frequently diagnosed today than in the past, it is likely that more multiples will plead insanity. The courts are in a state of disarray as to how best to respond to these pleas. This article considers multiples' responsibility on three interpretations of the status of their alters: that they are different people; that they are different personalities; or that they are parts of one complex, deeply divided personality. On all three theories multiples are nonresponsible. Nevertheless, three rare circumstances exist under which multiples should be found guilty. The article concludes by indicating the kinds of issues psychiatry might explore to further assist the law in its analysis of the criminal responsibility of multiples.

  9. Acceptance of domestic cat mitochondrial DNA in a criminal proceeding.

    PubMed

    Lyons, Leslie A; Grahn, Robert A; Kun, Teri J; Netzel, Linda R; Wictum, Elizabeth E; Halverson, Joy L

    2014-11-01

    Shed hair from domestic animals readily adheres to clothing and other contact items, providing a source of transfer evidence for criminal investigations. Mitochondrial DNA is often the only option for DNA analysis of shed hair. Human mitochondrial DNA analysis has been accepted in the US court system since 1996. The murder trial of the State of Missouri versus Henry L. Polk, Jr. represents the first legal proceeding where cat mitochondrial DNA analysis was introduced into evidence. The mitochondrial DNA evidence was initially considered inadmissible due to concerns about the cat dataset and the scientific acceptance of the marker. Those concerns were subsequently addressed, and the evidence was deemed admissible. This report reviews the case in regards to the cat biological evidence and its ultimate admission as generally accepted and reliable. Expansion and saturation analysis of the cat mitochondrial DNA control region dataset supported the initial interpretation of the evidence. PMID:25086413

  10. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 2 2012-01-01 2012-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  11. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  12. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 2 2013-01-01 2013-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  13. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 2 2011-01-01 2011-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  14. 10 CFR 76.133 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 76.133 Section 76.133 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) CERTIFICATION OF GASEOUS DIFFUSION PLANTS Enforcement § 76.133 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions...

  15. 10 CFR 55.73 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 55.73 Section 55.73 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) OPERATORS' LICENSES Enforcement § 55.73 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful...

  16. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 12 Banks and Banking 9 2013-01-01 2013-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  17. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 12 Banks and Banking 9 2012-01-01 2012-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  18. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 7 2011-01-01 2011-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  19. 12 CFR 1807.905 - Criminal provisions.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 12 Banks and Banking 10 2014-01-01 2014-01-01 false Criminal provisions. 1807.905 Section 1807.905 Banks and Banking COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, DEPARTMENT OF THE TREASURY CAPITAL MAGNET FUND Terms and Conditions of Assistance § 1807.905 Criminal provisions. The criminal provisions...

  20. [Selected problems in the forensic-psychiatric evaluation of persons posing a likelihood of repeating a criminal act].

    PubMed

    Florkowski, Antoni; Zboralski, Krzysztof; Nowacka, Agata; Strójwas, Krzysztof; Flinik-Jankowska, Magdalena; Konopa, Aleksandra; Łacisz, Joanna; Wierzbiński, Piotr

    2014-09-01

    In the current penal code, compared to previous regulations, there have been alterations concerning medical security measures. These amendments have been prompted by socio-politic circumstances in Poland as well as implementation of Mental Health Act. According to the current law the court, on the request of expert psychiatrists, can pronounce a sentence of obligatory stay in psychiatric institution for perpetrator of criminal act who has been deemed not sane due to 31 subsection 1 of penal code and who is predictably able of recidivism. In legal-medical practice those less experienced expert psychiatrists may encounter difficulties producing expertise for the court, especially evaluating probability of recurrence of committing a criminal act and resulting request for psychiatric detention. In order to make this issue more acquainted we present a review of literature concerning it.

  1. Is psychopathy elevated among criminal offenders who are under preventive detention pursuant to Section 66 of the German Penal Code?

    PubMed

    Habermeyer, Elmar; Passow, Daniel; Vohs, Knut

    2010-01-01

    In Germany, preventive detention can be imposed if a repeat offender shows a proclivity to commit further significant criminal acts. The courts require expert opinion to provide information about personality traits relevant for this disposition. However, currently, consensus about this topic is lacking. On the basis of a standardized examination, the relevance of Hare's concept of "psychopathy" for expert opinion is discussed in the context of preventive detention.

  2. QUESTIONS REGARDING AMERICAN INDIAN CRIMINALITY.

    ERIC Educational Resources Information Center

    STEWART, OMER C.

    FOR THE PURPOSE OF THIS DOCUMENT, AMERICAN INDIAN MEANS A SOCIAL-LEGAL GROUP. THE STATISTICS WERE OBTAINED FROM FEDERAL, STATE, AND LOCAL GOVERNMENT SOURCES. IN 1960, THERE WERE OVER 70,000 INDIAN ARRESTS OUT OF FOUR MILLION ARRESTS REPORTED TO THE F.B.I. THE PER CAPITA AMERICAN INDIAN CRIMINALITY IS NEARLY SEVEN TIMES THE NATIONAL AVERAGE, NEARLY…

  3. Criminal Justice - Selected Reference Materials.

    ERIC Educational Resources Information Center

    McClure, John D., III, Comp.

    This bibliography reviews approximately 70 reference materials on criminal justice. Entries are presented in eight categories--dictionaries, indexes and abstracts, professional position papers, working conditions and unions, law and the police, crime, prisons and prisoners, and victimization. Types of publications included under the subject…

  4. Epilepsy, aggression, and criminal responsibility.

    PubMed

    Borum, R; Appelbaum, K L

    1996-07-01

    Although epilepsy-related violence can occur, accounts of criminal behavior caused by epilepsy remain rare and unconvincing. The authors describe a case of apparent postictal aggression, resulting in felony assault charges, by a patient who had nocturnal complex partial seizures, followed by what appeared to be sleepwalking and periods of postictal wandering and confusion.

  5. Cultural Cleavage and Criminal Justice.

    ERIC Educational Resources Information Center

    Scheingold, Stuart A.

    1978-01-01

    Reviews major theories of criminal justice, proposes an alternative analytic framework which focuses on cultural factors, applies this framework to several cases, and discusses implications of a cultural perspective for rule of law values. Journal available from Office of Publication, Department of Political Science, University of Florida,…

  6. Substance abuse and criminal behavior.

    PubMed

    Bradford, J M; Greenberg, D M; Motayne, G G

    1992-09-01

    As forensic psychiatry develops as a clinical subspecialty, clinical skill in understanding, treating, and predicting violent behavior will become more important. This article addresses the importance of understanding the relationship between substance abuse and violent behavior. This article also discusses morbidity and mortality in substance abuse, the demographics of substance abuse and criminality, and the clinical aspects of the forensic psychiatric evaluation.

  7. Criminal Careers of Habitual Felons.

    ERIC Educational Resources Information Center

    Petersilia, Joan; And Others

    The criminal development of habitual felons was examined by means of lengthy interviews with 49 prison inmates, all armed robbers serving at least their second prison terms. Results are not considered generalized, but should be regarded as 49 case studies. Although some of the findings were consistent with traditional images (juvenile offender…

  8. An effectiveness trial of contingency management in a felony preadjudication drug court.

    PubMed

    Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Arabia, Patricia L; Kirby, Kimberly C

    2008-01-01

    This study evaluated a contingency management (CM) program in a drug court. Gift certificates for compliance were delivered at 4- to 6-week intervals (total value = $390.00). Participants in one condition earned gift certificates that escalated by $5.00 increments. Participants in a second condition began earning higher magnitude gift certificates, and the density of reinforcement was gradually decreased. No main effects of CM were detected, which appears to be attributable to a ceiling effect from the intensive contingencies already delivered in the drug court and the low density of reinforcement. Preplanned interaction analyses suggested that participants with more serious criminal backgrounds might have performed better in the CM conditions. This suggests that CM programs may be best suited for more incorrigible drug offenders.

  9. Computer-Assisted Handwriting Analysis: Interaction with Legal Issues in U.S. Courts

    NASA Astrophysics Data System (ADS)

    Manning, Kenneth A.; Srihari, Sargur N.

    Advances in the development of computer-assisted handwriting analysis have led to the consideration of a computational system by courts in the United States. Computer-assisted handwriting analysis has been introduced in the context of Frye or Daubert hearings conducted to determine the admissibility of handwriting testimony by questioned document examiners, as expert witnesses, in civil and criminal proceedings. This paper provides a comparison of scientific and judicial methods, and examines concerns over reliability of handwriting analysis expressed in judicial decisions. Recently, the National Research Council assessed that “the scientific basis for handwriting comparisons needs to be strengthened”. Recent studies involving computer-assisted handwriting analysis are reviewed in light of the concerns expressed by the judiciary and National Research Council. A future potential role for computer-assisted handwriting analysis in the courts is identified.

  10. Sex offender registration and community notification challenges: the Supreme Court continues its trend.

    PubMed

    Scott, Charles L; Gerbasi, Joan B

    2003-01-01

    All states and the District of Columbia have passed sex offender registration and community notification laws. While the specific provisions of these statutes vary, all have public safety as a primary goal. The authors discuss two recent cases heard by the United States Supreme Court that challenged the constitutionality of Alaska's and Connecticut's statutes. The laws were challenged as violations of the United States Constitution's prohibition on ex post facto laws and its Fourteenth Amendment guarantee of procedural due process. In both cases, the statutes were upheld. As it has found in challenges to sexually violent predator statutes, the Court emphasized that the registration and community notification schemes are civil and not criminal in nature. The article concludes with a discussion of possible implications for clinicians involved in evaluating or treating sex offenders. PMID:14974805

  11. Why can Taiwan utilize criminal law to discipline physicians?

    PubMed

    Ger, Jiin

    2009-04-01

    Modern medicine was first introduced into Taiwan by missionary hospitals in 1865. However, Japanese governors following Japan's medical reform applied modern medicine as the standard of practice in the year 1896. They also imported 150 doctors from Japan to promote public hygiene and control infectious diseases, such as malaria, plague, cholera, dysentery, etc. The reasons that the Courts started to use criminal law to deal with medical malpractice during 1950-1960s may be attributed to the following: costly and ineffective civil actions, chaotic medical licensing, a period of upheaval during the 1947 massacre (228 incident), Chinese Civil War (1947-1949), political unrest, "White Terror" and "Espionage Act" during the period of martial law (1949-1987), social injustice and economic depression. The general environment for medical practice in Taiwan has changed greatly in the past 60years. It is time for us to look around the world to set up standards of negligence for both clinical and criminal cases as soon as possible. In the mean time, the Department of Health should consider adopting the Good Medical Practice guidelines from the United Kingdom to strengthen the administrative power to regulate physicians' behaviors.

  12. Why can Taiwan utilize criminal law to discipline physicians?

    PubMed

    Ger, Jiin

    2009-04-01

    Modern medicine was first introduced into Taiwan by missionary hospitals in 1865. However, Japanese governors following Japan's medical reform applied modern medicine as the standard of practice in the year 1896. They also imported 150 doctors from Japan to promote public hygiene and control infectious diseases, such as malaria, plague, cholera, dysentery, etc. The reasons that the Courts started to use criminal law to deal with medical malpractice during 1950-1960s may be attributed to the following: costly and ineffective civil actions, chaotic medical licensing, a period of upheaval during the 1947 massacre (228 incident), Chinese Civil War (1947-1949), political unrest, "White Terror" and "Espionage Act" during the period of martial law (1949-1987), social injustice and economic depression. The general environment for medical practice in Taiwan has changed greatly in the past 60years. It is time for us to look around the world to set up standards of negligence for both clinical and criminal cases as soon as possible. In the mean time, the Department of Health should consider adopting the Good Medical Practice guidelines from the United Kingdom to strengthen the administrative power to regulate physicians' behaviors. PMID:19254863

  13. Developmental Epidemiological Courses Leading to Antisocial Personality Disorder and Violent and Criminal Behavior: Effects by Young Adulthood of a Universal Preventive Intervention in First- and Second-Grade Classrooms

    PubMed Central

    Kellam, Sheppard G.; Brown, C. Hendricks; Muthén, Bengt O.; Ialongo, Nicholas S.; Poduska, Jeanne M.

    2009-01-01

    Background Antisocial personality disorder (ASPD), violent and criminal behavior, and drug abuse disorders share the common antecedent of early aggressive, disruptive behavior. In the 1985–1986 school year teachers implemented the Good Behavior Game (GBG), a classroom behavior management strategy targeting aggressive, disruptive behavior and socializing children to the student role. From first grade through middle school the developmental trajectories of 2,311 students from 19 Baltimore City Public Schools were examined. This article reports the GBG impact on these trajectories and ASPD and violent and criminal behavior by age 19–21 among the selected 768 students. Methods In five urban poor to lower-middle class predominately African American areas, three to four schools were matched and within each set randomly assigned to one of three conditions: 1) the GBG, 2) a program directed at reading achievement, or 3) the standard program. Classrooms and teachers were randomly assigned to intervention or control. Measures at 19–21 included self reports and juvenile court and adult incarceration records. Intervention impact was assessed via General Growth Mixture Modeling based on repeated measures of aggressive, disruptive behavior. Results Three trajectories of aggressive, disruptive behavior were identified. By young adulthood, there was significant reduction in rates of ASPD and violent and criminal behavior among GBG males in the high aggressive, disruptive trajectory. Replication A replication was implemented with the next cohort of first-grade children using the same teachers during the following school year, but with diminished mentoring and monitoring of teachers. The results showed generally non-significant effects in the same direction. PMID:18243581

  14. The use of neuroscientific evidence in the courtroom by those accused of criminal offenses in England and Wales

    PubMed Central

    Catley, Paul; Claydon, Lisa

    2015-01-01

    This examination of the extent of the use of neuroscientific evidence in England and Wales identifies 204 reported cases in which such evidence has been used by those accused of criminal offenses during the eight-year period from 2005–12. Based on the number of reported cases found, the use of such evidence appears well established with those accused of criminal offenses utilizing such evidence in approximately 1 per cent of cases in the Court of Appeal (Criminal Division). Neuroscientific evidence is used to quash convictions, to lead to convictions for lesser offenses and to lead to reduced sentences. In addition, cases are identified where neuroscientific evidence is used to avoid extradition, to challenge bail conditions and to resist prosecution appeals against unduly lenient sentences. The range of uses identified is wide: including challenging prosecution evidence as to the cause of death or injury, challenging the credibility of witnesses and arguing that those convicted were unfit to plead, lacked mens rea or were entitled to mental condition defenses. The acceptance of such evidence reflects the willingness of the courts in England and Wales to hear novel scientific argument, where it is valid and directly relevant to the issue(s) to be decided. Indeed, in some of the cases the courts expressed an expectation that structural brain scan evidence should have been presented to support the argument being made. PMID:27774211

  15. The impact of judge-defendant communication on mental health court outcomes.

    PubMed

    Gottfried, Emily; Carbonell, Joyce; Miller, Lauren

    2014-01-01

    Previous research has shown that mental health courts have been successful in reducing the rates of recidivism among mentally ill offenders. However, none of these studies, to date, have examined exactly what aspects of the courts reduce these rates of recidivism and what makes them successful. The current study utilized a sample of 291 mentally ill criminal offenders participating in a mental health court to examine whether those participants who were addressed by and communicated with the judge had a reduction in recidivism rates and the severity of new charges in comparison to those who did not. The hypotheses regarding greater judge-defendant communication and recidivism were not supported. This suggests that communication in and of itself is not sufficient to reduce recidivism. Future research of a qualitative nature is essential to identify if the frequency, tone, and valence of the communication results in improved outcomes. In addition, these results may indicate a necessity for more stringent training and guidelines for the maintenance of Mental Health Courts. Results of the current study suggested differences between genders, such that females were spoken to by the judge more frequently than were men.

  16. The impact of judge-defendant communication on mental health court outcomes.

    PubMed

    Gottfried, Emily; Carbonell, Joyce; Miller, Lauren

    2014-01-01

    Previous research has shown that mental health courts have been successful in reducing the rates of recidivism among mentally ill offenders. However, none of these studies, to date, have examined exactly what aspects of the courts reduce these rates of recidivism and what makes them successful. The current study utilized a sample of 291 mentally ill criminal offenders participating in a mental health court to examine whether those participants who were addressed by and communicated with the judge had a reduction in recidivism rates and the severity of new charges in comparison to those who did not. The hypotheses regarding greater judge-defendant communication and recidivism were not supported. This suggests that communication in and of itself is not sufficient to reduce recidivism. Future research of a qualitative nature is essential to identify if the frequency, tone, and valence of the communication results in improved outcomes. In addition, these results may indicate a necessity for more stringent training and guidelines for the maintenance of Mental Health Courts. Results of the current study suggested differences between genders, such that females were spoken to by the judge more frequently than were men. PMID:24321083

  17. Residential mental health assessment within Dutch criminal cases: a discussion.

    PubMed

    van der Leij, J B; Jackson, J L; Malsch, M; Nijboer, J F

    2001-01-01

    In Dutch criminal cases in which doubts arise about the defendant's mental health, a forensic assessment will be requested. This is provided either by the multidisciplinary staff of residential clinics who conduct forensic evaluations for the court, or by mental health professionals contracted on a part-time basis by district courts. This article discusses the procedures applied in such cases as well as the relevant legal provisions. It focuses particularly on the clinical observation, evaluation, and reporting that is carried out over a number of weeks in the residential setting of the Pieter Baan Centrum. Specific attention is paid to procedures applied in this clinic. It is suggested that Dutch procedures for the use of mental health expertise can best be characterized by three aspects: multidisciplinary observation and reporting, the use of a sliding scale for indicating degree of responsibility, and, finally, the involvement and payment of experts by the state as such, rather than by the prosecution and/or the defense.

  18. The civil liability for damages of the criminally insane.

    PubMed

    Melamed, Yuval; Ganot, Nitza; Mester, Roberto; Bleich, Avi

    2008-01-01

    As a rule, mentally ill patients are held to be responsible for their acts just like everyone else. Notwithstanding, the law in Israel contains special rules which distinguish individuals with mental illness from other people. The instructions laid out in article 34h of the Israeli Penal Law empower the court to release a defendant from criminal responsibility. To do this the following criteria must be met: (a) the defendant was mentally ill, (b) he/she was in a psychotic state at the time he/she performed the felony, (c) his/her mental illness deprived him/her of his/her abilities in at least one of the two following areas: 1] he/she could not understand what he/she was doing, or the forbidden nature of the act; 2] he/she was incapable of preventing him/herself from carrying it out. In the case presented, a mentally ill individual was charged with the murder of his child and with an attempt to murder another child. The court ruled him to be legally insane and therefore non-punishable. He was later sued by the other child's parents for damages on the grounds of the assault tort. The issue in question was how does the fact that the defendant was ruled legally insane while committing the wrong doing affect the legal ruling of the defendant's liability especially regarding the tort of assault? The Magistrate's Court ruled that the Israeli Tort Law did not determine exemption from responsibility for the mentally ill. Liability for damages will be imposed upon an individual whenever the prerequisites to define a tort are met, even if the mental requisite is an outcome of one's mentally ill state. The District Court determined that an individual who intended to inflict harm is guilty of assault, even though the intent was an outcome of his mental state. Lack of volition due to one's inability to refrain from action does not constitute a defense for assault. In this case liability for damages was imposed on the defendant. The Court related to the issue of justice

  19. Speech Cases Turned Aside by High Court

    ERIC Educational Resources Information Center

    Walsh, Mark

    2012-01-01

    The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…

  20. The influence of anogenital injury on women's willingness to engage with the criminal justice process after rape.

    PubMed

    Fisher, Bonnie Sue; Kaplan, Alyssa; Budescu, Mia; Fargo, Jamison; Tiller, Deborah; Everett, Janine; Sommers, Marilyn

    2013-01-01

    Medical-legal-social science research has documented that nongenital and/or anogenital injuries play a significant role throughout the criminal justice system from victims reporting to judges determining the length of a sentence. What remains an open question is whether the documentation of anogenital injury influences women's willingness to engage in the criminal justice system. A sample of women age 21 years and older residing in an urban area were asked about willingness to report to police, file charges, and work with the courts to prosecute after rape. Questions were framed with a qualifying statement about the forensic examination being able to detect injury related to forced sexual intercourse. Results show that women had a high willingness to act if the examination could detect anogenital injury and women with and without a history of forced sexual intercourse had significant differences in their responses to these questions. Implications for health care, criminal justice system, and future research are discussed. PMID:24547675

  1. The influence of anogenital injury on women's willingness to engage with the criminal justice process after rape.

    PubMed

    Fisher, Bonnie Sue; Kaplan, Alyssa; Budescu, Mia; Fargo, Jamison; Tiller, Deborah; Everett, Janine; Sommers, Marilyn

    2013-01-01

    Medical-legal-social science research has documented that nongenital and/or anogenital injuries play a significant role throughout the criminal justice system from victims reporting to judges determining the length of a sentence. What remains an open question is whether the documentation of anogenital injury influences women's willingness to engage in the criminal justice system. A sample of women age 21 years and older residing in an urban area were asked about willingness to report to police, file charges, and work with the courts to prosecute after rape. Questions were framed with a qualifying statement about the forensic examination being able to detect injury related to forced sexual intercourse. Results show that women had a high willingness to act if the examination could detect anogenital injury and women with and without a history of forced sexual intercourse had significant differences in their responses to these questions. Implications for health care, criminal justice system, and future research are discussed.

  2. The psychiatric expert in court.

    PubMed

    Kenny, A

    1984-05-01

    The law about expert evidence is unsatisfactory: it gives scope for the expert to usurp the role of judge, jury and parliament; it brings the professions of the experts into disrepute; and it sets juries the impossible task of sorting pseudo sciences from genuine ones. The law should be reformed by changing statutes which force expert witnesses to testify beyond their science, by taking the provision of expert evidence out of the adversarial context, and by removing from the courts the decision whether a nascent discipline is or is not a science.

  3. [Characteristics of murder and attempted murder in Cameroon. Study based on expert psychiatric court reports].

    PubMed

    Mbassa Menick, D

    2009-06-01

    The purpose of this study was to describe the sociodemographic, psychopathologic and criminological features associated with homicide based on review of expert psychiatric court reports describing murder and attempted murder perpetrators examined at Jamot Hospital in Yaoundé, Cameroon. The study cohort comprised reports describing 12 offenders who were examined at the request of ajudge or public prosecutor from March 1, 2002 to July 31, 2006. There were 8 men (66.7%) and 4 women (33.3%) with a mean age of 18.3 years (range, 17 to 43 years). In 8 cases the criminal act coincided with a difficult period in the offender's life. In the remaining 4 cases the act could not be linked to a specific life event. Assaults were carried out by strangulation, battery, or stabbing (knifes or machetes) in 87.5% of cases and occurred at the victim's home in 68.8% of cases. The main mental disorders diagnosed using the ICD-10 classification were schizophrenia in 41.7% of cases (n = 5), chronic delirium in 25.0% (n = 3), and personality disorder in 8.3 % (n = 1). Nine offenders (75.0%) had a history of mental disorder including 8 within at least six months preceding the assault. Four offenders had already received psychiatric treatment including 2 who required hospitalization following one or more episodes of psychotic decompensation. There were a total of 16 victims including 14 that died and 2 that were seriously wounded but survived thanks to prompt medical attention. The victims included 8 males and 8 females with 11 children (68.7%) and 5 adults (31.3%). In the child group 9 victims died (81.8%) and 2 survived (18.2%). Except one 17-year-old teenager, the 6 female and 3 male child victims were between the ages of 18 months and 8 years. The adult victims included 1 female and 4 males. The main findings of this study were the high incidence of mental disease, especially schizophrenics (66.7%), associated with homicide and the high number of child victims (62.5%). The first

  4. 5 CFR 838.806 - Amended court orders.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Amended court orders. 838.806 Section 838... (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Requirements for Court Orders Awarding Former Spouse Survivor Annuities § 838.806 Amended court orders. (a) A court order awarding a former spouse...

  5. 5 CFR 838.806 - Amended court orders.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 2 2014-01-01 2014-01-01 false Amended court orders. 838.806 Section 838... (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Requirements for Court Orders Awarding Former Spouse Survivor Annuities § 838.806 Amended court orders. (a) A court order awarding a former spouse...

  6. 5 CFR 838.806 - Amended court orders.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 2 2013-01-01 2013-01-01 false Amended court orders. 838.806 Section 838... (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Requirements for Court Orders Awarding Former Spouse Survivor Annuities § 838.806 Amended court orders. (a) A court order awarding a former spouse...

  7. 19 CFR 176.31 - Reliquidation following decision of court.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 19 Customs Duties 2 2013-04-01 2013-04-01 false Reliquidation following decision of court. 176.31...; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Procedure Following Court Decision § 176.31 Reliquidation following decision of court. (a) Decision of U.S. Court...

  8. 19 CFR 176.31 - Reliquidation following decision of court.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 19 Customs Duties 2 2012-04-01 2012-04-01 false Reliquidation following decision of court. 176.31...; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Procedure Following Court Decision § 176.31 Reliquidation following decision of court. (a) Decision of U.S. Court...

  9. 5 CFR 838.122 - State courts' responsibilities.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 2 2014-01-01 2014-01-01 false State courts' responsibilities. 838.122... REGULATIONS (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Court Orders Generally Division of Responsibilities § 838.122 State courts' responsibilities. State courts are responsible for— (a) Providing...

  10. 19 CFR 176.31 - Reliquidation following decision of court.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 19 Customs Duties 2 2011-04-01 2011-04-01 false Reliquidation following decision of court. 176.31...; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Procedure Following Court Decision § 176.31 Reliquidation following decision of court. (a) Decision of U.S. Court...

  11. 5 CFR 838.122 - State courts' responsibilities.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false State courts' responsibilities. 838.122... REGULATIONS (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Court Orders Generally Division of Responsibilities § 838.122 State courts' responsibilities. State courts are responsible for— (a) Providing...

  12. 5 CFR 838.122 - State courts' responsibilities.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 2 2013-01-01 2013-01-01 false State courts' responsibilities. 838.122... REGULATIONS (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Court Orders Generally Division of Responsibilities § 838.122 State courts' responsibilities. State courts are responsible for— (a) Providing...

  13. Continuity and Changes in the Developmental Trajectories of Criminal Career: Examining the Roles of Timing of First Arrest and High School Graduation

    ERIC Educational Resources Information Center

    Natsuaki, Misaki N.; Ge, Xiaojia; Wenk, Ernst

    2008-01-01

    Early onset of criminal career is one of the most robust predictors of persistence in offending. However, many antisocial children do not become chronic adult offenders. Using longitudinal data of young male offenders in the California Youth Authority, we examined trajectories of criminal behavior from childhood to adulthood. We particularly…

  14. An Exploration of Treatment and Supervision Intensity among Drug Court and Non-Drug Court Participants

    ERIC Educational Resources Information Center

    Lindquist, Christine H.; Krebs, Christopher P.; Warner, Tara D.; Lattimore, Pamela K.

    2009-01-01

    Evidence is accumulating that drug court programs appear effective in reducing the substance use and recidivism of drug-involved offenders. As there is no single drug court model, programs vary from site to site and the extent to which individual programs are fully implemented is not well documented. The extent to which drug court programs deliver…

  15. Update on the Courts. The U.S. Supreme Court: 1996.

    ERIC Educational Resources Information Center

    Update on Law-Related Education, 1997

    1997-01-01

    Provides an overview of some of the decisions made by the Supreme Court in 1996. Includes a brief profile of the court, a graphic display illustrating its role in the federal court system, the number of signed opinions by each justice, and a profile of chief justice William H. Rehnquist. (MJP)

  16. The Supreme Court confronts AIDS.

    PubMed

    1998-04-17

    The U.S. Supreme Court is taking up its first HIV case, [name removed] vs. [Name removed], which could have a huge impact on the definition of disabilities and on how the Americans with Disabilities Act (ADA) is interpreted in future court cases. A summary of the major points of the case and speculation on how each individual justice can be expected to rule on the issue are discussed. In recent oral arguments, each side was limited to a half hour to present their case and respond to questions from the judges, who are grappling with the definition of a major life activity. In the initial case, a dentist, Dr. [name removed], refused treatments in his office for [name removed], who is HIV-positive. [Name removed] responded by charging that she had been discriminated against under the ADA. Statements and positions from a number of parties are presented, including those who filed amicus briefs in the case. The issue of implications for public health policy is included. The Justice Department's lawyer, Lawrence G. Wallace, presented the government's interests at the oral arguments, and there was some question that his performance was detrimental to the case. PMID:11365301

  17. Forensic psychiatric expert witnessing within the criminal justice system in Germany.

    PubMed

    Konrad, Norbert; Völlm, Birgit

    2014-01-01

    In recent years, the number of occupied beds in German forensic-psychiatric hospitals has continued to rise. Diversion refers to the removal of offenders from the criminal justice system at any stage of the procedure and court proceedings. There are no specific diversion programs in Germany but diversion does in fact happen via legal regulations that are based on the construct of legal responsibility. The assessments of responsibility as well as risk are the core tasks of forensic-psychiatric expert witnessing in Germany. Recommendations of an interdisciplinary working group serve as a guide to operationalize this forensic-psychiatric task. These recommendations list formal minimum requirements for expert reports on the question of criminal responsibility and risk assessment as well as minimum standards regarding content and in writing the report.

  18. Forensic psychiatric expert witnessing within the criminal justice system in Germany.

    PubMed

    Konrad, Norbert; Völlm, Birgit

    2014-01-01

    In recent years, the number of occupied beds in German forensic-psychiatric hospitals has continued to rise. Diversion refers to the removal of offenders from the criminal justice system at any stage of the procedure and court proceedings. There are no specific diversion programs in Germany but diversion does in fact happen via legal regulations that are based on the construct of legal responsibility. The assessments of responsibility as well as risk are the core tasks of forensic-psychiatric expert witnessing in Germany. Recommendations of an interdisciplinary working group serve as a guide to operationalize this forensic-psychiatric task. These recommendations list formal minimum requirements for expert reports on the question of criminal responsibility and risk assessment as well as minimum standards regarding content and in writing the report. PMID:24268458

  19. Impact of information about sentencing decisions on public attitudes toward the criminal justice system.

    PubMed

    St Amand, M D; Zamble, E

    2001-10-01

    Research reveals public dissatisfaction with perceived leniency of the criminal justice system. However, when asked to sentence hypothetical offenders, members of the public tend to choose dispositions similar to what current court practices prescribe. In two studies reported here, subjects completed a mock sentencing exercise and a general attitude survey. In an initial pilot study, they expressed general dissatisfaction with the criminal justice system but the relative punitiveness of their sentences (in terms of their perceptions of how severe various sentencing options are) was only slightly elevated above a set of reference sentences. Providing a typical judge's sentencing decisions did not decrease dissatisfaction but was associated with an anchoring effect. This effect was explored in the main study by manipulating the provided reference sentences to be either lenient, moderate, or punitive. Again, participants expressed general dissatisfaction with the criminal justice system but prescribed generally moderate sentences, anchoring their sentences to the information provided. However, only those exposed to moderate "typical" sentences subsequently reported reduced dissatisfaction with the criminal justice system.

  20. The disposition of criminal charges after involuntary medication to restore competency to stand trial.

    PubMed

    Ladds, B; Convit, A; Zito, J; Vitrai, J

    1993-11-01

    The United States Supreme Court, in the recent case of Riggins v. Nevada, extended its examination of the issue of involuntary treatment with anti-psychotic medication to the mentally disabled facing criminal trial. Although this was an extreme case where the defendant faced a possible death sentence, the involuntary administration of anti-psychotic medication to restore 'competency to stand trial' always raises unique medical and moral questions. This highly controversial issue has received little empirical investigation. We report here on the first study to follow-up on the disposition of the criminal charges of persons committed to a hospital for the restoration of 'competency to stand trial' who refused anti-psychotic medication and for whom involuntary treatment was sought. We have previously reported on the characteristics of these cases (N = 68) and aspects of their outcome in the hospital. This cohort of patients represents virtually all indicted felony offenders in New York state who were incompetent to stand trial and for whom involuntary treatment with anti-psychotic medication was requested between 1986 and 1990. The present retrospective report focuses on the disposition of the criminal charges for such cases, in a state that does not have a death penalty. Tentative inferences are considered based on the findings that persons who were involuntarily restored to 'competency to stand trial' had a variety of dispositions of their criminal charges, including plea negotiations that resulted in foreshortened incarceration and several cases of insanity acquittals. Suggestions for further and more conclusive studies are proposed.

  1. Assessing the criminal capacity of children: a challenge to the capacity of mental health professionals.

    PubMed

    Pillay, Anthony L; Willows, Clive

    2015-01-01

    With increasing numbers of juveniles accused of serious crimes international concern is growing around the procedural consequences for affected individuals within the context of the law and criminal justice. Issues of culpability in children and adolescents are often raised, with much deliberation and insufficient agreement among legal and child development experts. Exactly when and to what extent juveniles can be held responsible for their action is a matter requiring careful consideration to avoid substantial erring in either direction. Although some international guiding standards and principles have been established, these are rather broad and unable to provide specific prescriptions. In addition, the assessment of criminal capacity in juveniles is a complex task, and one that is not wholly without reliability and validity problems. As in the case of South Africa and a few other countries, mental health specialists are often tasked with conducting developmental assessments to provide courts with expert evidence regarding criminal capacity. This paper examines the concept of criminal capacity in the context of the theory, controversies and challenges that affect this area of psychological focus.

  2. Assessing the criminal capacity of children: a challenge to the capacity of mental health professionals.

    PubMed

    Pillay, Anthony L; Willows, Clive

    2015-01-01

    With increasing numbers of juveniles accused of serious crimes international concern is growing around the procedural consequences for affected individuals within the context of the law and criminal justice. Issues of culpability in children and adolescents are often raised, with much deliberation and insufficient agreement among legal and child development experts. Exactly when and to what extent juveniles can be held responsible for their action is a matter requiring careful consideration to avoid substantial erring in either direction. Although some international guiding standards and principles have been established, these are rather broad and unable to provide specific prescriptions. In addition, the assessment of criminal capacity in juveniles is a complex task, and one that is not wholly without reliability and validity problems. As in the case of South Africa and a few other countries, mental health specialists are often tasked with conducting developmental assessments to provide courts with expert evidence regarding criminal capacity. This paper examines the concept of criminal capacity in the context of the theory, controversies and challenges that affect this area of psychological focus. PMID:26357915

  3. Time discounting and criminal behavior

    PubMed Central

    Åkerlund, David; Golsteyn, Bart H. H.; Grönqvist, Hans; Lindahl, Lena

    2016-01-01

    One of the most basic predictions of almost any model of crime is that individual time preferences matter. However, empirical evidence on this fundamental property is essentially nonexistent. To our knowledge, this paper provides the first pieces of evidence on the link between time discounting and crime. We use a unique dataset that combines a survey-based measure of time discount rates (at age 13) with detailed longitudinal register data on criminal behavior spanning over 18 y. Our results show that individuals with short time horizons have a significantly higher risk of criminal involvement later in life. The magnitude of the relationship is substantial and corresponds to roughly one-third of the association between intelligence and crime. PMID:27185950

  4. Time discounting and criminal behavior.

    PubMed

    Åkerlund, David; Golsteyn, Bart H H; Grönqvist, Hans; Lindahl, Lena

    2016-05-31

    One of the most basic predictions of almost any model of crime is that individual time preferences matter. However, empirical evidence on this fundamental property is essentially nonexistent. To our knowledge, this paper provides the first pieces of evidence on the link between time discounting and crime. We use a unique dataset that combines a survey-based measure of time discount rates (at age 13) with detailed longitudinal register data on criminal behavior spanning over 18 y. Our results show that individuals with short time horizons have a significantly higher risk of criminal involvement later in life. The magnitude of the relationship is substantial and corresponds to roughly one-third of the association between intelligence and crime. PMID:27185950

  5. [A testimony procedure of forensic psychiatry used for criminal cases].

    PubMed

    Chen, X S

    1991-04-01

    A testimony procedure of forensic psychiatry containing of the following steps as: "to set-up the medical diagnosis-to clarify the criminal motive-to determine the property of criminal legal ability damage-to evaluate the criminal responsibility" is recommended, and upon them "to clarify the criminal motive" is of importance. The property of criminal legal ability damage can be determined through the criminal motive and then the degree of criminal responsibility can be evaluated objectively through the criminal motive and criminal legal ability effected by the disease.

  6. Does gender matter? Exploring mental health recovery court legal and health outcomes

    PubMed Central

    Kothari, Catherine L; Butkiewicz, Robert; Williams, Emily R; Jacobson, Caron; Morse, Diane S; Cerulli, Catherine

    2014-01-01

    Background Based upon therapeutic justice principles, mental health courts use legal leverage to improve access and compliance to treatment for defendants who are mentally ill. Justice-involved women have a higher prevalence of mental illness than men, and it plays a greater role in their criminal behavior. Despite this, studies examining whether women respond differently than men to mental health courts are lacking. Study goals were to examine gender-related differences in mental health court participation, and in criminal justice, psychiatric and health-related outcomes. Methods This study utilized a quasi-experimental pre-posttest design without a control group. The data were abstracted from administrative records of Kalamazoo Community Mental Health and Substance Abuse agency, the county jail and both county hospitals, 2008 through 2011. Generalized estimating equation regression was used to assess gender-differences in pre-post program outcomes (jail days, psychiatric and medical hospitalization days, emergency department visits) for the 30 women and 63 men with a final mental health court disposition. Results Program-eligible females were more likely than males to become enrolled in mental health court. Otherwise they were similar on all measured program-participation characteristics: treatment compliance, WRAP participation and graduation rate. All participants showed significant reductions in emergency department visits, but women-completers had significantly steeper drops than males: from 6.7 emergency department visits to 1.3 for women, and from 4.1 to 2.4 for men. A similar gender pattern emerged with medical-hospitalization-days: from 2.2 medical hospital days down to 0.1 for women, and from 0.9 days up to 1.8 for men. While women had fewer psychiatric hospitalization days than men regardless of program involvement (2.5 and 4.6, respectively), both genders experienced fewer days after MHRC compared to before. Women and men showed equal gains from

  7. The Criminal Attribution Inventory: A Measure of Offender Perceptions

    ERIC Educational Resources Information Center

    Kroner, Daryl G.; Mills, Jeremy F.

    2004-01-01

    The Criminal Attribution Inventory (CRAI), drawing upon attribution theory and criminally-related domains, measures criminal responsibility and blame. The CRAI's six scales measure criminal responsibility (Psychopathology, Personality), external criminal blame (Victim, Alcohol, Society) and the attribution of crime to random factors (Random). The…

  8. Committee on the forfeiture of assets in criminal offences of the Howard League of Penal Reform.

    PubMed

    Nicol, A

    1983-01-01

    The profits of illicit drug trafficking have attracted world-wide attention. In 1980, a decision of the House of Lords in the United Kingdom ruled that the English criminal courts had no power to forfeit such profits even though earned by convicted defendants. This lacuna in the law aroused considerable criticism and the Howard League of Penal Reform established an independent committee to propose reforms. Its report will be published shortly. This article discusses some of the issues which the Committee faced, particularly the delicate balance between the interest of the State in ensuring that crime does not pay and a commitment to due process before financial punishments are imposed.

  9. Criminal charges against marijuana compassion club volunteers stayed on constitutional grounds.

    PubMed

    Betteridge, Glenn

    2003-04-01

    A Court of Québec judge stayed trafficking charges laid in February 2000 against two Montréal men in conjunction with the operation of a medical marijuana compassion club. The judge determined that it would be unjust to allow the criminal procedure to continue. Section 5 of the Controlled Drugs and Substances Act (CDSA) unjustifiably infringed the accuseds' Charter rights to life, liberty, and security of the person (section 7) by prohibiting the distribution of marijuana for medical purposes when no legal source or supply existed at the time. PMID:12924323

  10. [The Leipzig Magistrates Court's death sentences in the Woyzeck case].

    PubMed

    Steinberg, H; Schmideler, S

    2006-10-01

    The trial of Johann Christian Woyzeck for murder is among the most significant for forensic psychiatry in the 19 (th) century. The case gained worldwide fame, not only because of Georg Büchner's eponymous drama. A thorough analysis and reconstruction of the proceedings would allow more light to be shed on one of the major events in the evolution of modern psychiatric positions regarding criminal responsibility. To support this effort, this paper presents two original sources that have just been rediscovered in the archives, and which are of major importance in respect of both the Woyzeck case and the history of forensic psychiatry. Until now only transcripts had been available. The two documents in question relate to the death sentences issued by the Leipzig magistrates court (Schöppenstuhl). They clearly show the ruling feudal and municipal authorities' efforts to exploit both the general rules of procedure as well as the forensic testimony given by Leipzig's medical officer and professor, Johann Christian August Clarus, for their own restorative political interests. This is revealed by the fact, among others, that the legal procedures are interpreted in the narrowest possible way and the crux of the problem, namely the culprit's criminal responsibility, is not really the focus of attention. The defence does not really have a chance, the more so since it makes pleas that are both contradictory and amateurist from a psychiatric point of view. Moreover, its efforts to garner support from reformist forces, above all among scholars, are undermined by the defence team's manipulation of the facts.

  11. Court Cases Involving Contracts for School Districts

    ERIC Educational Resources Information Center

    Allen, L. Hank

    2011-01-01

    The purpose of this research was to analyze trends in the United States regarding contract disputes that exist in school districts. Court cases were identified at the state and federal level to determine the outcomes and the fact patterns of contract disputes. To gain the knowledge of how courts handle cases of contractual breach, contracts…

  12. Educational Policy-Making by the Courts.

    ERIC Educational Resources Information Center

    Rezny, Arthur A.

    This paper addresses itself to the question of whether the courts determine educational policy, confining its discussion to three court cases. The cases focus on academic freedom and the authority to dismiss, the rights of an individual to discuss in public the injustice of his transfer, and reverse discrimination. (Author/JF)

  13. Kentucky's Unified Court of Justice. Teachers' Manual.

    ERIC Educational Resources Information Center

    Kentucky State Dept. of Education, Frankfort. Div. of Program Development.

    Resource materials and learning activities to help secondary students in Kentucky learn about their state's court system are provided. The guide begins by providing a history of the Kentucky Court of Justice. Discussed are the qualification of judges, the Retirement and Removal Commission, the Judicial Nominating Commission, and juries. Background…

  14. The Supreme Court as a Small Group.

    ERIC Educational Resources Information Center

    Brownlee, Don

    The application of small group interaction and decision making assessment methods has demonstrated many of the interpersonal preferences, understandings, and attitudes of the Supreme Court. Six terms of the Supreme Court, from October 1969 through October 1974 were chosen for evaluation. Only those cases in which the formal opinion of the Court…

  15. Supreme Court Biographies as a Classroom Resource

    ERIC Educational Resources Information Center

    Ryan, John Paul

    2009-01-01

    In this article, the author goes beyond Supreme Court decisions to investigate the upbringing and personalities of three Supreme Court justices who left their mark on history: Oliver Wendell Holmes, Jr., Thurgood Marshall, and Sandra Day O'Connor. His interviews with their biographers, G. Edward White for Oliver Wendell Holmes Jr., Juan Williams…

  16. The Roberts Court and Academic Freedom

    ERIC Educational Resources Information Center

    Rahdert, Mark C.

    2007-01-01

    Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v. Ceballos"), Rahdert expresses concern…

  17. Desegregation Dead? Not in This Court Decision

    ERIC Educational Resources Information Center

    Sneed, Maree

    2007-01-01

    This article discusses the interpretations of the court's ruling in "Parents Involved in Community Schools v. Seattle School District 1." The decision handed down June 28, the last day of the Supreme Court's term, does not prohibit school districts from voluntarily integrating schools as long as the school district meets certain legal…

  18. The Supreme Court in the Culture Wars.

    ERIC Educational Resources Information Center

    Rabkin, Jeremy

    1996-01-01

    Argues that the U.S. Supreme Court has been an active and liberally biased participant in the U.S. culture war. Historical evidence is presented, including areas of tuition tax credit and segregated private schools, abortion and the Right-to-Life movement, and prayer in public schools. The author discusses how the Supreme Court has strengthened…

  19. The Rehnquist Court and the Tenth Amendment.

    ERIC Educational Resources Information Center

    Chemerinsky, Erwin

    1995-01-01

    Examines several recent decisions of the more conservative and constructionist Rehnquist Supreme Court. Discusses those judgements that challenge the regulatory power of the federal government. In separate cases concerning mandatory retirement of state judges and regulating toxic waste clean-up, the high court ruled in favor of state control. (MJP)

  20. Court Seen Balky on Religion Cases

    ERIC Educational Resources Information Center

    Walsh, Mark

    2010-01-01

    When Chief Justice John G. Roberts Jr. reached his fifth anniversary on the U.S. Supreme Court in late September, observers took note of the court's rightward shift during his tenure in a number of areas, including corporate spending on federal elections and the ways school districts may consider race in assigning students. But at least one…

  1. What Happens to Mental Health Court Noncompleters?

    PubMed

    Ray, Bradley; Hood, Brittany J; Canada, Kelli E

    2015-01-01

    Mental health court (MHC) research consistently finds that defendants who successfully complete and graduate from the court are less likely to recidivate than those who do not. However, research has not assessed what happens to these noncompleters once they are sent back to traditional court. Using follow-up data on six years of noncompleters from pre-adjudication MHC, we examine what happens to these defendants in traditional court. Findings suggest that 63.7% of defendants' charges were dismissed, 21.0% received probation, and 15.3% were sentenced to incarceration. We examine the time to disposition and differences in defendant characteristics and disposition outcome as well as the relationship between disposition and subsequent recidivism. Results suggest that more severe punishments in traditional court are associated with recidivism. Logistic regression analysis shows that defendants whose charges were dismissed in traditional court were less likely to recidivate than those who were sentenced to probation or incarceration. Our findings highlight the need for future MHC evaluations to consider traditional court outcomes and support trends towards post-adjudication courts.

  2. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  3. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  4. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  5. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  6. 28 CFR 902.7 - Court action.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  7. The Supreme Court of the United States.

    ERIC Educational Resources Information Center

    Supreme Court of the U. S., Washington, DC.

    This booklet describes the history, procedures, and the courthouse, plus offering a brief vita for each justice. The pamphlet explains the role of the Supreme Court as the constitutional interpretor and applicator of the United States governmental system, recounting a history of the development of that role. The organization of the court is…

  8. 42 CFR 401.152 - Court review.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 2 2014-10-01 2014-10-01 false Court review. 401.152 Section 401.152 Public Health... GENERAL ADMINISTRATIVE REQUIREMENTS Confidentiality and Disclosure § 401.152 Court review. Where the Administrator upon review affirms the denial of a request for records, in whole or in part, the requester...

  9. Buyer's Guide for Tennis Court Construction.

    ERIC Educational Resources Information Center

    United States Tennis Court & Track Builders Association.

    This booklet examines seven planning and decision-making tips for investing in and building tennis courts that can prolong court life and get the most from the investment. It examines defining needs, developing a budget, considering the use of a consultant, choosing a site, choosing a surface and developing working specifications, making specific…

  10. Enhancing Residential Treatment for Drug Court Participants

    ERIC Educational Resources Information Center

    Koob, Jeff; Brocato, Jo; Kleinpeter, Christine

    2011-01-01

    In this study, the authors describe and evaluate the impact of increased access to residential treatment added to traditional drug court services in Orange County, California, with a goal of increasing program retention, successful completion, and graduation rates for a high-risk drug offender population participating in drug court between January…

  11. Court Showdown over Florida Vouchers Nears

    ERIC Educational Resources Information Center

    Richard, Alan

    2005-01-01

    This article reports on a nationally-watched case by educators and families which is scheduled to be heard by the Florida Supreme Court. The court is to decide whether Opportunity Scholarships, available to students enrolled in Florida's persistently lowest-rated public schools, run afoul of a prohibition on using public money in religious…

  12. The Equal Access Act: Recent Court Decisions.

    ERIC Educational Resources Information Center

    Bjorklun, Eugene C.

    1989-01-01

    Examines court decisions which led to the passage of the Equal Access Act of 1984. Although the act was designed to clarify the issue over the legality of permitting religious clubs to meet on school property, it may have created more confusion. Concludes that the Supreme Court may have to decide the issue. (SLM)

  13. 18. Historic view of Court Street and Depot Square. Photoengraving ...

    Library of Congress Historic Buildings Survey, Historic Engineering Record, Historic Landscapes Survey

    18. Historic view of Court Street and Depot Square. Photoengraving from Artwork of Rhode Island (Chicago: W.H. Parish Publishing Co., 1896) view west - Court Street Bridge, Court Street spanning Blackstone River & Truman Drive, Woonsocket, Providence County, RI

  14. [Andreas Vesalius in the Spanish Court].

    PubMed

    Izumi, Hyonosuke

    2004-12-01

    After the publication of "Fabrica," Andreas Vesalius entered the Spanish court and became a court physician to Charles the Fifth, Holy Roman Emperor, and then to Philip the Second, Spanish king. The author studied this process and its historical background. The ancestors of Vesalius had close relations with the Hapsburgs and the dukes of BUrgundy, and served them as court physician or a court pharmacist. Vesalius was born in Brussels, obtained his degree at the University of Padua, Italy, became professor of anatomy and surgery there, and published "Tabulae Anatomicae Sex" and "Fabrica."In the ear of the Spanish court, the treatments of Henry the Second, French king, and of Don Carlos, Spanish crown prince, are famous among Vesalius' medical contributions. In the year of his resignation, Charles the Fifth conferred the title of count palatine on Vesalius. PMID:15818875

  15. [Andreas Vesalius in the Spanish Court].

    PubMed

    Izumi, Hyonosuke

    2004-12-01

    After the publication of "Fabrica," Andreas Vesalius entered the Spanish court and became a court physician to Charles the Fifth, Holy Roman Emperor, and then to Philip the Second, Spanish king. The author studied this process and its historical background. The ancestors of Vesalius had close relations with the Hapsburgs and the dukes of BUrgundy, and served them as court physician or a court pharmacist. Vesalius was born in Brussels, obtained his degree at the University of Padua, Italy, became professor of anatomy and surgery there, and published "Tabulae Anatomicae Sex" and "Fabrica."In the ear of the Spanish court, the treatments of Henry the Second, French king, and of Don Carlos, Spanish crown prince, are famous among Vesalius' medical contributions. In the year of his resignation, Charles the Fifth conferred the title of count palatine on Vesalius.

  16. The Courts, Public Health, and Legal Preparedness

    PubMed Central

    Stier, Daniel D.; Nicks, Diane; Cowan, Gregory J.

    2007-01-01

    The judicial branch’s key roles, as guardian of civil liberties and protector of the rule of law, can be acutely relevant during public health emergencies when courts may need to issue orders authorizing actions to protect public health or restraining public health actions that are determined to unduly interfere with civil rights. Legal preparedness for public health emergencies, therefore, necessitates an understanding of the court system and how courts are involved in public health issues. In this article we briefly describe the court system and then focus on what public health practitioners need to know about the judicial system in a public health emergency, including the courts’ roles and the consequent need to keep courts open during emergencies. PMID:17413084

  17. Postpartum psychosis and the courts.

    PubMed

    Nau, Melissa L; McNiel, Dale E; Binder, Renée L

    2012-01-01

    Although mental state defenses frequently are raised in cases of infanticide, legal criteria for these defenses vary across jurisdictions. We reviewed outcomes of such cases in states using M'Naughten or model penal code (MPC) standards for insanity, and the factors considered by the courts in reaching these decisions. LexisNexis and Westlaw searches were conducted of case law, legal precedent, and law review articles related to infanticide. Google and other Internet search engines were used to identify unpublished cases. Despite the differing legal standards for insanity among states, the outcomes of infanticide cases do not appear to be dependent solely on which standard is used. The presence of psychosis was important in the successful mental state defenses. This case series suggests that states that use the stricter M'Naughten standard have not been less likely than states with an MPC standard to adjudicate women who have committed infanticide as not guilty by reason of insanity.

  18. The Supreme Court upholds parental notice requirements.

    PubMed

    1990-01-01

    On June 25, 1990 the US Supreme Court ruled in 2 cases concerned with the constitutionally of 2 state law that required parental notification of minors seeking an abortion. In Hodgson v Minnesota the Court ruled that states may not require 2 parent notification. They can however require that both biological parents be notified if a judicial bypass is provided for minors wishing to keep the matter private. In Ohio v. Akron Center for Reproductive Health the Court upheld a 1 parent notification law which included a judicial bypass clause. The Court however did refuse to decide whether the state must provide the bypass option it is mandates 1 parent notification. In the Hodgson case the courts opinion stated that the state did not have the right to require that family members talk to each other. Also the Court upheld that states may require a 48-hour waiting period between notification and the procedure to give parents time to provide medical records and to check the doctor's competency. In Ohio the court ruled that states do not have to guarantee absolute anonymity of the minor as long as they make a reasonable effort to keep her name from beginning public. The Court also ruled that states can require a minor to provide "clear and compelling" evidence, the most difficult legal standard of proof, when she is petitioning the court that she is sufficiently mature to consent to the procedure or that parental notification is not in her best interest. Also, the Court ruled that the state may require doctors to notify the parents personally concerning the procedure.

  19. 78 FR 27341 - Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal Courts

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-05-10

    ... and the LSC Act. Pursuant to LSC's Rulemaking Protocol, 67 FR 69763 (Nov. 19, 2002), a Rulemaking... 2010, Public Law 111-211, tit. II, 124 Stat. 2261 (the TLOA), includes new authorizations related to.... Public Law 111-211, tit. II, 124 Stat. at 2280. In addition to the IACAA and TLOA, the Violence...

  20. Dangerous mentally disordered criminals: unresolvable societal fear?

    PubMed

    Leong, G B; Silva, J A; Weinstock, R

    1991-01-01

    The average person fears dangerous criminals, especially those suffering from mental illness. Existing mental health and criminal justice systems provide social control for some of these dangerous individuals, but may be inadequate to deal with those mentally disordered offenders who were not found not guilty by reason of insanity (NGI). In California, innovative laws have attempted to address this problem. However, putative lack of efficacious treatment of mentally ill criminals, insufficient economic support, and individual liberty concerns loom as limiting factors in solving the criminal and psychiatric recidivism problem posed by non-NGI dangerous mentally disordered offenders.

  1. Enduring Risk? Old Criminal Records and Predictions of Future Criminal Involvement

    ERIC Educational Resources Information Center

    Kurlychek, Megan C.; Brame, Robert; Bushway, Shawn D.

    2007-01-01

    It is well accepted that criminal records impose collateral consequences on offenders. Such records affect access to public housing, student financial aid, welfare benefits, and voting rights. An axiom of these policies is that individuals with criminal records--even old criminal records--exhibit significantly higher risk of future criminal…

  2. A Randomized Clinical Trial of Family Therapy in Juvenile Drug Court

    PubMed Central

    Dakof, Gayle A.; Henderson, Craig E.; Rowe, Cynthia L.; Boustani, Maya; Greenbaum, Paul E.; Wang, Wei; Hawes, Samuel; Linares, Clarisa; Liddle, Howard A.

    2016-01-01

    The objective of this article is to examine the effectiveness of 2 theoretically different treatments delivered in juvenile drug court—family therapy represented by multidimensional family therapy (MDFT) and group-based treatment represented by adolescent group therapy (AGT)—on offending and substance use. Intent-to-treat sample included 112 youth enrolled in juvenile drug court (primarily male [88%], and Hispanic [59%] or African American [35%]), average age 16.1 years, randomly assigned to either family therapy (n = 55) or group therapy (n = 57). Participants were assessed at baseline and 6, 12, 18 and 24 months following baseline. During the drug court phase, youth in both treatments showed significant reduction in delinquency (average d = .51), externalizing symptoms (average d = 2.32), rearrests (average d = 1.22), and substance use (average d = 4.42). During the 24-month follow-up, family therapy evidenced greater maintenance of treatment gains than group-based treatment for externalizing symptoms (d = 0.39), commission of serious crimes (d = .38), and felony arrests (d = .96). There was no significant difference between the treatments with respect to substance use or misdemeanor arrests. The results suggest that family therapy enhances juvenile drug court outcomes beyond what can be achieved with a nonfamily based treatment, especially with respect to what is arguably the primary objective of juvenile drug courts: reducing criminal behavior and rearrests. More research is needed on the effectiveness of juvenile drug courts generally and on whether treatment type and family involvement influence outcomes. PMID:25621927

  3. Medicine, eugenics, and the Supreme Court: from coercive sterilization to reproductive freedom.

    PubMed

    Lombardo, P A

    1996-01-01

    This article shows how the current language of reproductive rights, including the determination of US constitutional protections, can be traced to three cases heard by the US Supreme Court that challenged eugenic state legislation written between 1924 and 1935. The introduction defines "eugenics" as the notion that the human race can be improved and social ills gradually eliminated by selective procreation and notes that eugenicists were extremely effective in using the law as their ally and effected the adoption of nearly 100 eugenic statutes by the states between 1900 and 1970. Part 2 examines the classification of social deviance as a social ill that could be overcome by the application of eugenic principles bolstered by scientific explanations about defective "germ-plasm." The third part of the article illustrates the legal impact of US eugenicists in 1924 when the Federal Immigration Restriction Act was adopted with national origin quotas that remained in place until 1965. This year also saw adoption of two eugenic laws enacted in Virginia that would be later challenged in the Supreme Court. Part 4 details one of these cases, Buck vs. Bell, that challenged Virginia's Eugenical Sterilization Act. In upholding the Virginia statute, the Supreme Court allowed the forced sterilization of a young woman in the first and only instance in which the Court allowed a physician to act as an agent of state government in the performance of an undesired and unnecessary operation. Part 5 describes how the Supreme Court overturned Oklahoma's law mandating the sterilization of "hereditary criminals" in Skinner vs. Oklahoma. The 1967 ruling in Loving vs. Virginia overturning Virginia's Racial Integrity Act preventing interracial marriage is presented in part 6. The article ends by tracing the impact of these cases on the constitutionalization of reproductive rights in the US.

  4. The Effect of Urban Neighborhood Disorder on Evaluations of the Police and Courts

    ERIC Educational Resources Information Center

    Sprott, Jane B.; Doob, Anthony N.

    2009-01-01

    Are people dissatisfied with the courts as well as the police when they perceive high levels of disorder in their neighborhoods? Consistent with previous research, this study, using a representative sample of Canadian adults, demonstrates that people are significantly more negative about the police when they perceive high levels of disorder. They…

  5. Legal and Psychological Perspectives on Children's Competence to Testify in Court

    ERIC Educational Resources Information Center

    Klemfuss, J. Zoe; Ceci, Stephen J.

    2012-01-01

    Young children are often called as witnesses to crimes they were victims of or observed. Because of their immaturity, child witnesses are sometimes more heavily scrutinized than adult witnesses before being allowed to testify in court, for example, through competency screening. This review discusses the psychology and US law relevant to decisions…

  6. Criminal law as a response to medical malpractice: pluses and minuses--comparing Italian and U.S. experiences.

    PubMed

    Di Landro, Andrea R

    2012-06-01

    The paper is divided into three parts. The first part sets out the comparative differences between the tort of malpractice in common law and the criminal negligence in civil law: while the common law takes for mens rea only the "gross" negligence, and rarely medical negligence, other law systems instead (and particularly Italian law) criminalize also ordinary negligence, frequently in medical malpractice cases. The second part of the paper addresses the pluses of using criminal law as response to medical malpractice: inadequate medical self-policing and "repeat offenders" problems are analysed, in the perspective of the patient, of the doctor, of the insurance company, and of the community. The third part addresses the minuses of the criminal law as response: medical "shame and blame" mentality, criminal stigma and culture of fear are disincentives to incident reporting and to system analysis (the most important means of prevention); "defensive medicine" and "courts-abiding medicine" are managed not yet in the patient's exclusive interest, but in the egoistic/utilitarian aim to avoid denunciations; finally, the uncertainty of the medicine, the accusatory system and the proof "beyond a reasonable doubt" seem hardly compatible with each other.

  7. The criminal histories and later offending of child pornography offenders.

    PubMed

    Seto, Michael C; Eke, Angela W

    2005-04-01

    The likelihood that child pornography offenders will later commit a contact sexual offense is unknown. In the present study, we identified a sample of 201 adult male child pornography offenders using police databases and examined their charges or convictions after the index child pornography offense(s). We also examined their criminal records to identify potential predictors of later offenses: 56% of the sample had a prior criminal record, 24% had prior contact sexual offenses, and 15% had prior child pornography offenses. One-third were concurrently charged with other crimes at the time they were charged for child pornography offenses. The average time at risk was 2.5 years; 17% of the sample offended again in some way during this time, and 4% committed a new contact sexual offense. Child pornography offenders with prior criminal records were significantly more likely to offend again in any way during the follow-up period. Child pornography offenders who had committed a prior or concurrent contact sexual offense were the most likely to offend again, either generally or sexually. PMID:15974425

  8. The criminal histories and later offending of child pornography offenders.

    PubMed

    Seto, Michael C; Eke, Angela W

    2005-04-01

    The likelihood that child pornography offenders will later commit a contact sexual offense is unknown. In the present study, we identified a sample of 201 adult male child pornography offenders using police databases and examined their charges or convictions after the index child pornography offense(s). We also examined their criminal records to identify potential predictors of later offenses: 56% of the sample had a prior criminal record, 24% had prior contact sexual offenses, and 15% had prior child pornography offenses. One-third were concurrently charged with other crimes at the time they were charged for child pornography offenses. The average time at risk was 2.5 years; 17% of the sample offended again in some way during this time, and 4% committed a new contact sexual offense. Child pornography offenders with prior criminal records were significantly more likely to offend again in any way during the follow-up period. Child pornography offenders who had committed a prior or concurrent contact sexual offense were the most likely to offend again, either generally or sexually.

  9. Predictors of Criminal Charges for Youth in Public Mental Health during the Transition to Adulthood

    ERIC Educational Resources Information Center

    Pullmann, M. D.

    2010-01-01

    Dual involvement with the mental health system and justice system is relatively frequent for young adults with mental health problems, yet the research on factors predictive of dual involvement is incomplete. This study extends past research on predictors of criminal charges for people in the public mental health system in four ways. First, this…

  10. 24 CFR 1000.150 - How may Indian tribes and TDHEs receive criminal conviction information on applicants for...

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 4 2014-04-01 2014-04-01 false How may Indian tribes and TDHEs receive criminal conviction information on applicants for employment and on adult applicants for housing... employment and on adult applicants for housing assistance, or tenants? (a) As required by section 208...

  11. 24 CFR 1000.150 - How may Indian tribes and TDHEs receive criminal conviction information on applicants for...

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 4 2013-04-01 2013-04-01 false How may Indian tribes and TDHEs receive criminal conviction information on applicants for employment and on adult applicants for housing... employment and on adult applicants for housing assistance, or tenants? (a) As required by section 208...

  12. The Supreme Court confronts AIDS: expanded coverage.

    PubMed

    1998-07-24

    The United States Supreme Court ruled that people with HIV infection may be covered under the Americans with Disabilities Act (ADA), even if they are symptom free. In [name removed] v. [Name removed] sued Dr. [name removed] for discrimination. [Name removed] refused to fill a cavity for [name removed], who is HIV-positive, unless the procedure was performed at a local hospital where he felt there would be better infection-control procedures. The First Circuit Court ruled that [name removed] did not present sufficient evidence showing that HIV transmission was riskier in a dental setting versus a hospital setting. [Name removed] then appealed to the Supreme Court. The Supreme Court ruled on June 25, 1998 that [name removed] was protected from discrimination under the ADA's definition of disability, due to her decision to not have children because of her HIV status. Therefore, [name removed]'s decision to not fill the cavity could be considered discrimination. The Supreme Court's decision allows for a broader interpretation of the ADA in future court cases, which may prove beneficial for other HIV positive people or for people suffering from various life threatening diseases. Other possibilities of how HIV might affect major life activities, and as a result, be covered under the ADA are discussed. Positive and negative comments regarding the Supreme Court's decision are also included. PMID:11365574

  13. Physiological, perceptual, and technical responses to on-court tennis training on hard and clay courts.

    PubMed

    Reid, Machar M; Duffield, Rob; Minett, Geoffrey M; Sibte, Narelle; Murphy, Alistair P; Baker, John

    2013-06-01

    The aim of this study was to investigate the effect of court surface (clay vs. hard court) on technical, physiological, and perceptual responses to on-court tennis training. Four high-performance junior male players performed 2 identical training sessions on hard and clay courts, respectively. Sessions included both physical conditioning and technical elements as led by the coach. Each session was filmed for later notational analysis of stroke count and error rates. Furthermore, players wore a global positioning satellite device to measure distance covered during each session, while heart rate, countermovement jump distance, and capillary blood measures of metabolites were measured before, during, and after each session. Additionally, a respective coach and athlete rating of perceived exertion (RPE) were measured after each session. Total duration and distance covered during each session were comparable (p > 0.05; d < 0.20). Although forehand and backhands stroke volume did not differ between sessions (p > 0.05; d < 0.30), large effects for increased unforced and forced errors were present on the hard court (p > 0.05; d > 0.90). Furthermore, large effects for increased heart rate, blood lactate, and RPE values were evident on clay compared with hard courts (p > 0.05; d > 0.90). Additionally, although player and coach RPE on hard courts were similar, there were large effects for coaches to underrate the RPE of players on clay courts (p > 0.05; d > 0.90). In conclusion, training on clay courts results in trends for increased heart rate, lactate, and RPE values, suggesting that sessions on clay courts tend towards higher physiological and perceptual loads than hard courts. Furthermore, coaches seem effective at rating player RPE on hard courts but may underrate the perceived exertion of sessions on clay courts.

  14. Criminal responsibility in amphetamine psychosis.

    PubMed

    Fukushima, A

    1994-01-01

    Historical changes in forensic psychiatric evaluation on criminal responsibility and proceedings in psychopathological findings of amphetamine psychosis are reviewed at first. The classification of amphetamine related mental disorders are proposed in 6 types. Among them, the clinical characteristics and psychopathological features of "Anxiety-situational reaction type" (Fukushima) are described. According to some reasonable grounds, offenders diagnosed as anxiety-situational reaction type should be evaluated as diminished responsibility in place of irresponsibility. Finally, two cases of murder committed under the influence of amphetamine, are reported in detail.

  15. Male Psychopaths and Their Criminal Careers.

    ERIC Educational Resources Information Center

    Hare, Robert D.; And Others

    1988-01-01

    Examined criminal histories of male psychopaths and nonpsychopaths, exploring time in prison and conviction rates for five-year periods between ages of 16 and 45. Criminal activities of nonpsychopaths were relatively constant over years; activities of psychopaths remained high until around age 40, then declined dramatically. Results are consistent…

  16. 10 CFR 1017.30 - Criminal penalty.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... INFORMATION Violations § 1017.30 Criminal penalty. Any person who violates section 148 of the Atomic Energy Act or any regulation or order of the Secretary issued under section 148 of the Atomic Energy Act, including these regulations, may be subject to a criminal penalty under section 223 of the Atomic Energy...

  17. 10 CFR 1017.30 - Criminal penalty.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... INFORMATION Violations § 1017.30 Criminal penalty. Any person who violates section 148 of the Atomic Energy Act or any regulation or order of the Secretary issued under section 148 of the Atomic Energy Act, including these regulations, may be subject to a criminal penalty under section 223 of the Atomic Energy...

  18. 10 CFR 1017.30 - Criminal penalty.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... INFORMATION Violations § 1017.30 Criminal penalty. Any person who violates section 148 of the Atomic Energy Act or any regulation or order of the Secretary issued under section 148 of the Atomic Energy Act, including these regulations, may be subject to a criminal penalty under section 223 of the Atomic Energy...

  19. 32 CFR 1801.52 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Criminal penalties. 1801.52 Section 1801.52 National Defense Other Regulations Relating to National Defense NATIONAL COUNTERINTELLIGENCE CENTER PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974 Prohibitions § 1801.52 Criminal penalties. (a)...

  20. Adaptationism and intuitions about modern criminal justice.

    PubMed

    Petersen, Michael Bang

    2013-02-01

    Research indicates that individuals have incoherent intuitions about particular features of the criminal justice system. This could be seen as an argument against the existence of adapted computational systems for counter-exploitation. Here, I outline how the model developed by McCullough et al. readily predicts the production of conflicting intuitions in the context of modern criminal justice issues. PMID:23211275

  1. 10 CFR 54.43 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 54.43 Section 54.43 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS General Provisions § 54.43 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954,...

  2. 10 CFR 54.43 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 2 2013-01-01 2013-01-01 false Criminal penalties. 54.43 Section 54.43 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS General Provisions § 54.43 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954,...

  3. 10 CFR 54.43 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 2 2011-01-01 2011-01-01 false Criminal penalties. 54.43 Section 54.43 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS General Provisions § 54.43 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954,...

  4. 10 CFR 54.43 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 2 2012-01-01 2012-01-01 false Criminal penalties. 54.43 Section 54.43 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS General Provisions § 54.43 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954,...

  5. 10 CFR 54.43 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 54.43 Section 54.43 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS General Provisions § 54.43 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954,...

  6. 25 CFR 41.28 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false Criminal penalties. 41.28 Section 41.28 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR EDUCATION GRANTS TO TRIBALLY CONTROLLED COMMUNITY COLLEGES AND NAVAJO COMMUNITY COLLEGE Navajo Community College § 41.28 Criminal penalties. Persons submitting...

  7. 25 CFR 41.28 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal penalties. 41.28 Section 41.28 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR EDUCATION GRANTS TO TRIBALLY CONTROLLED COMMUNITY COLLEGES AND NAVAJO COMMUNITY COLLEGE Navajo Community College § 41.28 Criminal penalties. Persons submitting...

  8. 25 CFR 41.13 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false Criminal penalties. 41.13 Section 41.13 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR EDUCATION GRANTS TO TRIBALLY CONTROLLED COMMUNITY COLLEGES AND NAVAJO COMMUNITY COLLEGE Tribally Controlled Community Colleges § 41.13 Criminal penalties....

  9. 25 CFR 41.13 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal penalties. 41.13 Section 41.13 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR EDUCATION GRANTS TO TRIBALLY CONTROLLED COMMUNITY COLLEGES AND NAVAJO COMMUNITY COLLEGE Tribally Controlled Community Colleges § 41.13 Criminal penalties....

  10. 22 CFR 1101.16 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Criminal penalties. 1101.16 Section 1101.16 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES SECTION PRIVACY ACT OF 1974 § 1101.16 Criminal penalties. (a) Under the provisions of the Act, it is...

  11. Therapeutic Interventions with the Lifestyle Criminal.

    ERIC Educational Resources Information Center

    Walters, Glenn D.; White, Thomas W.

    1989-01-01

    Examines assessment, intervention, and follow-up phases of treatment process with lifestyle criminals. Recognizes that every therapeutic relationship is unique and should take into account individual characteristics of therapist, criminal, and environment. Subdivides assessment and intervention phases to reflect importance of lifestyle analysis,…

  12. Criminal Justice in America. Second Edition.

    ERIC Educational Resources Information Center

    Croddy, Marshall; And Others

    This comprehensive textbook on criminal justice is intended to serve as the foundation for a high school course on law-related education or as a supplement for civics, government or contemporary-issues courses. Designed to foster critical thinking and analytical skills, the book provides students with an understanding of the criminal justice…

  13. 25 CFR 41.28 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false Criminal penalties. 41.28 Section 41.28 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR EDUCATION GRANTS TO TRIBALLY CONTROLLED COMMUNITY COLLEGES AND NAVAJO COMMUNITY COLLEGE Navajo Community College § 41.28 Criminal penalties. Persons submitting...

  14. The Relative Ineffectiveness of Criminal Network Disruption

    NASA Astrophysics Data System (ADS)

    Duijn, Paul A. C.; Kashirin, Victor; Sloot, Peter M. A.

    2014-02-01

    Researchers, policymakers and law enforcement agencies across the globe struggle to find effective strategies to control criminal networks. The effectiveness of disruption strategies is known to depend on both network topology and network resilience. However, as these criminal networks operate in secrecy, data-driven knowledge concerning the effectiveness of different criminal network disruption strategies is very limited. By combining computational modeling and social network analysis with unique criminal network intelligence data from the Dutch Police, we discovered, in contrast to common belief, that criminal networks might even become `stronger', after targeted attacks. On the other hand increased efficiency within criminal networks decreases its internal security, thus offering opportunities for law enforcement agencies to target these networks more deliberately. Our results emphasize the importance of criminal network interventions at an early stage, before the network gets a chance to (re-)organize to maximum resilience. In the end disruption strategies force criminal networks to become more exposed, which causes successful network disruption to become a long-term effort.

  15. 10 CFR 63.172 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 63.172 Section 63.172 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA Violations § 63.172 Criminal penalties. (a) Section 223 of the Atomic Energy Act of...

  16. 10 CFR 63.172 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 2 2011-01-01 2011-01-01 false Criminal penalties. 63.172 Section 63.172 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA Violations § 63.172 Criminal penalties. (a) Section 223 of the Atomic Energy Act of...

  17. 10 CFR 63.172 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 2 2012-01-01 2012-01-01 false Criminal penalties. 63.172 Section 63.172 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA Violations § 63.172 Criminal penalties. (a) Section 223 of the Atomic Energy Act of...

  18. 10 CFR 39.103 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 1 2011-01-01 2011-01-01 false Criminal penalties. 39.103 Section 39.103 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING Enforcement § 39.103 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for...

  19. 10 CFR 39.103 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Criminal penalties. 39.103 Section 39.103 Energy NUCLEAR REGULATORY COMMISSION LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING Enforcement § 39.103 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for...

  20. 10 CFR 60.183 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 2 2011-01-01 2011-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  1. 10 CFR 60.183 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 2 2013-01-01 2013-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  2. 10 CFR 60.183 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 2 2012-01-01 2012-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  3. 10 CFR 60.183 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  4. 10 CFR 60.183 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  5. The Relative Ineffectiveness of Criminal Network Disruption

    PubMed Central

    Duijn, Paul A. C.; Kashirin, Victor; Sloot, Peter M. A.

    2014-01-01

    Researchers, policymakers and law enforcement agencies across the globe struggle to find effective strategies to control criminal networks. The effectiveness of disruption strategies is known to depend on both network topology and network resilience. However, as these criminal networks operate in secrecy, data-driven knowledge concerning the effectiveness of different criminal network disruption strategies is very limited. By combining computational modeling and social network analysis with unique criminal network intelligence data from the Dutch Police, we discovered, in contrast to common belief, that criminal networks might even become ‘stronger’, after targeted attacks. On the other hand increased efficiency within criminal networks decreases its internal security, thus offering opportunities for law enforcement agencies to target these networks more deliberately. Our results emphasize the importance of criminal network interventions at an early stage, before the network gets a chance to (re-)organize to maximum resilience. In the end disruption strategies force criminal networks to become more exposed, which causes successful network disruption to become a long-term effort. PMID:24577374

  6. The relative ineffectiveness of criminal network disruption.

    PubMed

    Duijn, Paul A C; Kashirin, Victor; Sloot, Peter M A

    2014-02-28

    Researchers, policymakers and law enforcement agencies across the globe struggle to find effective strategies to control criminal networks. The effectiveness of disruption strategies is known to depend on both network topology and network resilience. However, as these criminal networks operate in secrecy, data-driven knowledge concerning the effectiveness of different criminal network disruption strategies is very limited. By combining computational modeling and social network analysis with unique criminal network intelligence data from the Dutch Police, we discovered, in contrast to common belief, that criminal networks might even become 'stronger', after targeted attacks. On the other hand increased efficiency within criminal networks decreases its internal security, thus offering opportunities for law enforcement agencies to target these networks more deliberately. Our results emphasize the importance of criminal network interventions at an early stage, before the network gets a chance to (re-)organize to maximum resilience. In the end disruption strategies force criminal networks to become more exposed, which causes successful network disruption to become a long-term effort.

  7. Youth: Criminal Involvement and Problems of Resocialization.

    ERIC Educational Resources Information Center

    Lelekov, V. A.; Prokhorov, Iu. N.

    1995-01-01

    Reports on a survey of youth crime, youthful criminals, and efforts at resocialization in contemporary Russia. Asserts that political and social change have resulted in social stratification and criminal behavior. Maintains that the high level of recidivism is caused by a lack of coordinated efforts by public institutions. (CFR)

  8. [Expertise in the context of criminal law].

    PubMed

    Vermylen, Yvo

    2005-01-01

    The procedures of expert investigations in criminal law are different from those in civil law. Being an expert in criminal law investigations assumes thorough knowledge of dentistry, forensic investigations and of rules and procedures to follow. Adequate training and continuous education are mandatory.

  9. 10 CFR 52.303 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 52.303 Section 52.303 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Enforcement § 52.303 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  10. 10 CFR 52.303 - Criminal penalties.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 2 2012-01-01 2012-01-01 false Criminal penalties. 52.303 Section 52.303 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Enforcement § 52.303 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  11. 10 CFR 52.303 - Criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 2 2013-01-01 2013-01-01 false Criminal penalties. 52.303 Section 52.303 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Enforcement § 52.303 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  12. 10 CFR 52.303 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 2 2014-01-01 2014-01-01 false Criminal penalties. 52.303 Section 52.303 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Enforcement § 52.303 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  13. 10 CFR 52.303 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 2 2011-01-01 2011-01-01 false Criminal penalties. 52.303 Section 52.303 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Enforcement § 52.303 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as...

  14. 10 CFR 72.86 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 72.86 Section 72.86 Energy NUCLEAR..., HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE Records, Reports, Inspections, and Enforcement § 72.86 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954,...

  15. 10 CFR 72.86 - Criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 2 2011-01-01 2011-01-01 false Criminal penalties. 72.86 Section 72.86 Energy NUCLEAR..., HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE Records, Reports, Inspections, and Enforcement § 72.86 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954,...

  16. 10 CFR 95.63 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 95.63 Section 95.63 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL SECURITY INFORMATION AND RESTRICTED DATA Violations § 95.63 Criminal penalties. (a) Section 223 of the Atomic...

  17. Adaptationism and intuitions about modern criminal justice.

    PubMed

    Petersen, Michael Bang

    2013-02-01

    Research indicates that individuals have incoherent intuitions about particular features of the criminal justice system. This could be seen as an argument against the existence of adapted computational systems for counter-exploitation. Here, I outline how the model developed by McCullough et al. readily predicts the production of conflicting intuitions in the context of modern criminal justice issues.

  18. 22 CFR 1101.16 - Criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Criminal penalties. 1101.16 Section 1101.16 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES SECTION PRIVACY ACT OF 1974 § 1101.16 Criminal penalties. (a) Under the provisions of the Act, it is...

  19. Interstitial Jurisprudence Illustrated in Teaching Criminal Law

    ERIC Educational Resources Information Center

    Funk, David A.

    1975-01-01

    The incorporation of criminal law theory into the first-year criminal law course is discussed as an example of adding the jurisprudence of specific subject matters to standard courses. Jurisprudential issues appropriate for study are suggested along with guidelines for teaching techniques, selection of materials, and use of class time. (JT)

  20. Length of Time to Resolve Criminal Charges of Child Sexual Abuse: A Three-County Case Study.

    PubMed

    Walsh, Wendy A; Lippert, Tonya; Edelson, Meredyth Goldberg; Jones, Lisa M

    2015-08-01

    The present study sought to examine the court culture of three Oregon counties and their timelines for resolving felony child sexual abuse cases. Specifically, we examined (a) case outcomes, churning (i.e., the extent to which four court events were rescheduled), the length of time to reach a criminal case resolution, and how this length of time compared to that for felonies generally; (b) whether mandatory minimum sentences affected resolution timeliness; and (c) key stakeholders' perceptions about their local court culture. Data included retrospective case-file abstraction (N = 532) on all felony child sex crimes for a 2-year period and interviews with legal professionals (N = 23). Across all three counties, a minority of child sexual abuse cases (18% to 47%) were resolved within the target timeframe of 4 months. In contrast, most felonies (65% to 77%) were resolved within this timeframe. The rescheduling of trials and the requirement of mandatory minimum sentences for some felony child sexual abuse crimes increased the time until case resolution. Results suggest that court cultures that are hierarchical and cooperative may lead to longer case resolution times than court cultures that are self-managing or autonomous. Implications of these results and other results are discussed. PMID:26206709