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Journal of the American Academy of Psychiatry and the Law

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https://www.readbyqxmd.com/read/29282241/balancing-sexual-expression-and-risk-of-harm-in-elderly-persons-with-dementia
#1
Jessica Abellard, Carla Rodgers, Alicia L Bales
Assessing decision-making capacity in older individuals with dementia, now known as major neurocognitive disorder (MND), is a complex and challenging endeavor. There is a dearth of literature that touches on the sensitive and controversial topic of sexuality in institutionalized settings, despite the rapid increase in the global population of older individuals. In this article, we assert that evaluations of sexual expression in institutionalized older individuals with MND is essential, as there are concerns specific to risks and benefits of sexual expression in elderly persons with MND that should be considered...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282240/prohibition-of-persons-with-mental-illness-from-gun-ownership-under-tyler
#2
Alan R Felthous, Jeffrey Swanson
The U.S. Supreme Court's Heller and McDonald decisions are the most important legal affirmations of the right of U.S. citizens to possess and bear firearms under the Second Amendment. Heller and McDonald are also significant in citing persons with mental illness as an exceptional group, whose right may be restricted by the U.S. Government. From 1968 onward, federal and state governments have enacted legislation prohibiting gun ownership by persons with mental illness who have been involuntarily committed to an institution or deemed by a legal authority to be dangerous or mentally incompetent...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282239/prescribing-opioid-replacement-therapy-in-u-s-correctional-settings
#3
Pantea Farahmand, Vania Modesto-Lowe, Margaret M Chaplin
Opioid addiction is a chronic, relapsing disorder associated with criminality, unemployment, infectious diseases, and legal problems. Such addictions are typically over-represented in correctional populations. Inmates with untreated opioid addiction often relapse shortly after release into the community, thereby increasing the risk of overdose, serious illnesses (HIV, hepatitis C) and psychosocial problems (e.g., crimes, recidivism, and reincarceration). There are three U.S. Food and Drug Administration-approved medications for the treatment of opioid use disorder: methadone, buprenorphine, and naltrexone...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282238/behavioral-addictions-and-criminal-responsibility
#4
Austin W Blum, Jon E Grant
Certain behavioral addictions pose difficult and unresolved problems for the criminal justice system. These disorders are characterized by strong desire states and may be associated with illegal behaviors that are committed to support the addiction. In this article, we begin with a general account of criminal responsibility and provide the legally relevant phenomenology and cognitive features of behavioral addictions. We then discuss how the legal system has approached two behavioral addictions, gambling disorder and kleptomania, during criminal trials and at sentencing...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282237/temptations-for-the-expert-witness
#5
Stanley L Brodsky, Joel A Dvoskin, Tess M S Neal
No abstract text is available yet for this article.
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282236/probable-standards-of-care-for-suicide-risk-assessment
#6
Joseph H Obegi
The legal standard of care for assessing and responding to suicide risk has historically been ambiguous, creating inconsistency in the testimony of forensic experts and uncertainty about clinical responsibilities among practitioners. In this article, I rigorously apply the legal concept of reasonable care to identify clinical activities that courts could collectively consider as evidence of reasonably careful suicide risk assessments. I derived six clinical activities, which I refer to as probable standards, from a review of legal scholarship in tort law, court cases involving suicidal behavior, and forensic papers on suicide risk assessment...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282235/the-forensic-mental-health-services-census-of-forensic-populations-in-state-facilities
#7
Joseph D Bloom, David Novosad
This article focuses on the development of a Forensic Mental Health Services Census (FMHSC), proposed to differentiate between five different patient populations institutionalized in state facilities. The FMHSC would comprise patients who are civilly committed for mental illness or sexual dangerousness, those found incompetent to stand trial, those committed after a verdict of not guilty by reason of insanity, and those voluntarily committed. The census would be performed by state mental health authorities for each of these populations within the particular jurisdiction and then would be reported to a national coordinating organization...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282234/validation-of-crafft-for-use-in-youth-correctional-institutions-in-lagos-nigeria
#8
Bolanle Ola, Olayinka Atilola
Substance-related disorders (SRD) are common psychiatric morbidities among adolescents within youth correctional systems. Identification and treatment of SRDs is critical for successful reformation and reintegration. Lack of simple, structured, valid, brief screening instruments that can be easily administered and scored by lay workers militates against screening for SRDs. We present the results of the reliability and concurrent validity of the CRAFFT (acronym for Car, Relax, Alone, Forget, Friends, and Trouble) substance abuse screening instrument among residents of youth correctional facilities in Lagos, Nigeria...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282233/ethanol-forensic-toxicology
#9
Paul J Perry, Shadi Doroudgar, Priscilla Van Dyke
Ethanol abuse can lead to negative consequences that oftentimes result in criminal charges and civil lawsuits. When an individual is suspected of driving under the influence, law enforcement agents can determine the extent of intoxication by measuring the blood alcohol concentration (BAC) and performing a standardized field sobriety test. The BAC is dependent on rates of absorption, distribution, and elimination, which are influenced mostly by the dose of ethanol ingested and rate of consumption. Other factors contributing to BAC are gender, body mass and composition, food effects, type of alcohol, and chronic alcohol exposure...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282232/the-competency-paradox-in-somatic-disease
#10
Barry W Wall
Westmoreland et al. have reviewed factors associated with provider reluctance to initiate and judicial reluctance to authorize civil commitment and involuntary treatment for persons with severe anorexia nervosa. Their analysis of the legal, medical, and psychiatric elements that affect treatment outcomes contributes to professional understanding of a complex topic. Although their proposal to create guidelines for involuntary treatment for persons with eating disorders may be of clinical utility, guidelines should not be promulgated for the purposes of reaching judicial findings of law...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282231/involuntary-treatment-of-patients-with-life-threatening-anorexia-nervosa
#11
Patricia Westmoreland, Craig Johnson, Michael Stafford, Richard Martinez, Philip S Mehler
Anorexia nervosa has the highest mortality rate of any psychiatric illness. Predictors of mortality include chronicity of the illness, critically low body weight, and binging and purging behavior. Delusional beliefs body image, coupled with impaired judgment and cognition caused by starvation, often result in these patients adamantly resisting efforts to treat them. Guardianship, although useful in assisting with medical treatment decisions for patients with anorexia nervosa who are critically medically ill, is usually an inadequate intervention with respect to psychiatric treatment for these patients...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282230/deconstructing-risk-management-in-psychotherapy-supervision
#12
Jerome Kroll, Jennifer Radden
In the ongoing controversy over how much regulation and standardization to impose on clinical practice and research, it is not surprising that the activity of psychotherapy supervision should be swept up in the drive for uniformity. The managers amongst us want to regulate and institutionalize all aspects of practice. In opposition, many clinicians resist the relentless march toward the safety of uniformity travel alongside managerial imposition of regulations. Psychotherapy supervision's method of a close apprenticeship relationship between supervisor and trainee and its focus on the process and ethics of professional interaction stand at the humanistic core of what is otherwise becoming an increasingly mechanistic model of providing care to persons with mental illness...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282229/current-risk-management-practices-in-psychotherapy-supervision
#13
Ilayna K Mehrtens, Kathleen Crapanzano, L Lee Tynes
Psychotherapy competence is a core skill for psychiatry residents, and psychotherapy supervision is a time-honored approach to teaching this skill. To explore the current supervision practices of psychiatry training programs, a 24-item questionnaire was sent to all program directors of Accreditation Council for Graduate Medical Education (ACGME)-approved adult psychiatry programs. The questionnaire included items regarding adherence to recently proposed therapy supervision practices aimed at reducing potential liability risk...
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282228/on-publishing-the-unpublishable
#14
EDITORIAL
Kaustubh G Joshi, Richard L Frierson
No abstract text is available yet for this article.
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/29282227/identifying-and-mitigating-risk-of-violence-in-the-scientific-workplace
#15
EDITORIAL
Renée Binder, Paul Garcia, Bonnie Johnson, Elena Fuentes-Afflick
No abstract text is available yet for this article.
December 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/28939737/letters
#16
LETTER
Mark A Amdur
No abstract text is available yet for this article.
September 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/28939736/u-s-case-law-and-legal-precedent-affirming-the-due-process-rights-of-immigrants-fleeing-persecution
#17
Shawn S Sidhu, Ramnarine Boodoo
The political discourse on domestic immigration policy has shifted rapidly in recent years, mirrored by similar shifts in the geopolitical climate worldwide. However, a nuanced assessment of the legal basis backing such rhetoric is sorely lacking. This article examines the historical, legal, and case law precedent as it pertains specifically to immigrants who are fleeing persecution and residing within the United States. Due process rights emerged from the Fifth, Sixth, and Fourteenth Constitutional Amendments and have been expanded to include this population through several sequential United States Supreme Court Cases...
September 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/28939735/the-elusive-standard-of-care
#18
Brian K Cooke, Elizabeth Worsham, Gary M Reisfield
In medical negligence cases, the forensic expert must explain to a trier of fact what a defendant physician should have done, or not done, in a specific set of circumstances and whether the physician's conduct constitutes a breach of duty. The parameters of the duty are delineated by the standard of care. Many facets of the standard of care have been well explored in the literature, but gaps remain in a complete understanding of this concept. We examine the standard of care, its origins, and who determines the prevailing standard, beginning with an overview of the historical roots of the standard of care and, using case law, tracing its evolution from the 19th century through the early 21st century...
September 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/28939734/juvenile-solitary-confinement-as-a-form-of-child-abuse
#19
Andrew B Clark
Placing incarcerated juveniles into solitary confinement continues to occur in certain states of the United States, despite the accumulating evidence that it may cause substantial psychological damage to the teenagers who must endure it. The practice has been widely condemned by professional and human rights organizations, amid a growing appreciation of the immaturity and vulnerability of the adolescent brain. Although several states and the federal government have been successful in abolishing or dramatically reducing the use of juvenile solitary confinement, it remains common practice in many facilities...
September 2017: Journal of the American Academy of Psychiatry and the Law
https://www.readbyqxmd.com/read/28939733/a-ban-by-any-other-name
#20
Adnan Ahmed
No abstract text is available yet for this article.
September 2017: Journal of the American Academy of Psychiatry and the Law
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