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Criminal responsibility

Eric B Elbogen, H Ryan Wagner, Mira Brancu, Nathan A Kimbrel, Jennifer C Naylor, Cindy M Swinkels, John A Fairbank
Introduction: In response to a strong focus on suicide prevention for all veterans, the Department of Veterans Affairs (VA) recently revised policy to provide emergency mental healthcare for veterans who received Other Than Honorable (OTH) discharges from the military. This current study takes a preliminary step toward identifying demographic, historic, military, clinical, and social characteristics of veterans with OTH discharges. Materials and Methods: N = 1,172 Iraq/Afghanistan-era veterans were evaluated between 2005 and 2016 in the multi-site VA Mid-Atlantic Mental Illness, Research, Education and Clinical Center (MIRECC) Study of Post-Deployment Mental Health (PDMH Study)...
March 14, 2018: Military Medicine
Nancy D Campbell
Using the ethical and legal concept of shared responsibility for healthy births, this article considers social, cultural, and historical contexts in which medicalization and criminalization have worked in tandem to widen surveillance in ways that intensify scrutiny of women's lives under the guise of child protection, bringing women who are pregnant, postpartum, or parenting under criminal justice control. Although pregnant and postpartum women are prime candidates for medication-assisted treatment (MAT), the expanding carceral system has not prioritized drug treatment or reproductive justice...
March 1, 2018: AMA Journal of Ethics
Damian Jacob Sendler
INTRODUCTION: Erotic asphyxiation is a sexual phenomenon in which one partner reduces the other person's brain oxygen level through strangulation. This study analyzes deaths caused by sexually-motivated strangulation to cases of homicidal choking - summarizing criminal penalties for defendants, depending on the presence of drugs, or alcohol intoxication. METHODS: The mode of analysis involves three sources of data. First, a retrospective chart review of our clinics' two recent cases...
March 10, 2018: Journal of Forensic and Legal Medicine
Jukka Savolainen, Andria Eisman, W Alex Mason, Joseph A Schwartz, Jouko Miettunen, Marjo-Riitta Järvelin
Early exposure to multiple risk factors has been shown to predict criminal offending, but the mechanisms responsible for this association are poorly understood. Integrating social-environmental and dispositional theories of crime this research investigated the capacity of family socioeconomic disadvantage and individual psychological deficits to mediate the association between childhood cumulative risk and late adolescent criminal convictions. Male participants in the 1986 Northern Finland Birth Cohort Study (n = 3414) were followed from the prenatal period through age 19-20...
March 6, 2018: Journal of Adolescence
Jack Morrison, Giles Watts, Glyn Hobbs, Nick Dawnay
Field based forensic tests commonly provide information on the presence and identity of biological stains and can also support the identification of species. Such information can support downstream processing of forensic samples and generate rapid intelligence. These approaches have traditionally used chemical and immunological techniques to elicit the result but some are known to suffer from a lack of specificity and sensitivity. The last 10 years has seen the development of field-based genetic profiling systems, with specific focus on moving the mainstay of forensic genetic analysis, namely STR profiling, out of the laboratory and into the hands of the non-laboratory user...
February 21, 2018: Forensic Science International
Sonja Bitzer
Forensic Advisors at the National Institute for Criminalistics and Criminology in Brussels act as advising body to the magistrate regarding analytical possibilities and the usefulness of trace analysis in a case. Initially, their function was devised to assist in complex murder cases with unknown offender. However, in a previous study, the increasing diversity of the cases they are requested for has been observed (Bitzer et al., in press). In order to deepen our understanding of the decision steps in the criminal investigation process, the decision to involve a Forensic Advisor and the factors leading to their involvement were evaluated...
February 21, 2018: Forensic Science International
Byung-Yoon Roh, Won-Joon Lee, Jeong-Uk Seo, U-Young Lee, Sang-Seob Lee
The National Forensic Service (NFS) of Korea is a government agency responsible for examining and evaluating evidence obtained at crime scenes. The Section of Forensic Odontology of the Medical Examiner's Office conducts forensic odontological analyses of human remains, and mainly criminal cases are handled. In this study, 588 forensic odontological cases referred to NFS during 2011-2015 were analyzed for referral pattern, evidence material, examination criteria, and other factors and were compared with respective data from 2007 to 2010...
March 2, 2018: Legal Medicine
Brian Holoyda, Jacqueline Landess, Renee Sorrentino, Susan Hatters Friedman
The last decade has seen a rapid increase in the use of smartphones among young children and adolescents. One consequence of this phenomenon is sexting. Although researchers of sexting have yet to arrive at a single, cohesive definition for the behavior, it generally involves the transmission of text, pictures, or videos containing sexual material. Different definitions of the behavior have led to widely varying estimates of its prevalence, although some studies have documented relatively high rates of sexting among teenagers...
March 2, 2018: Behavioral Sciences & the Law
Yesenia Merino, Leslie Adams, William J Hall
This Open Forum explores the role of implicit bias along the mental health care continuum, which may contribute to mental health disparities among vulnerable populations. Emerging research shows that implicit bias is prevalent among service providers. These negative or stigmatizing attitudes toward population groups are held at a subconscious level and are automatically activated during practitioner-client encounters. The authors provide examples of how implicit bias may impede access to care, clinical screening and diagnosis, treatment processes, and crisis response...
March 1, 2018: Psychiatric Services: a Journal of the American Psychiatric Association
Maya A Kesler, Rupert Kaul, Mona Loutfy, Ted Myers, Jason Brunetta, Robert S Remis, Dionne Gesink
BACKGROUND: Non-disclosure criminal prosecutions among gay, bisexual and other men who have sex with men (MSM) are increasing, even though transmission risk is low when effective antiretroviral treatment (ART) is used. Reduced HIV testing may reduce the impact of HIV "test and treat" strategies. We aimed to quantify the potential impact of non-disclosure prosecutions on HIV testing and transmission among MSM. METHODS: MSM attending an HIV and primary care clinic in Toronto completed an audio computer-assisted self-interview questionnaire...
2018: PloS One
Khalid Tinasti
INTRODUCTION: The international community's commitment to halve by 2015 the HIV transmission among people who inject drugs has not only been largely missed, instead new HIV infections have increased by 30%. Moreover, drug injection remains one of the drivers of new HIV infections due to punitive responses and lack of harm reduction resourcing. In the midst of this situation, adolescents are a forgotten component of the global response to illegal drugs and their link with HIV infection...
February 2018: Journal of the International AIDS Society
Claire Horner, Evelyn Tenenbaum, Douglas Sipp, Zubin Master
The sale of unproven stem cell interventions (SCIs) by commercial entities has proliferated in highly developed countries, most notably in the USA. Yet, there have been few criminal prosecutions and regulatory enforcement actions against providers who have violated laws and best practice standards due to the lack of resources and legal ambiguity. While the stem cell research community has invested much in protecting patients and preventing the growth of this industry, some patients are seeking remedies under civil law to hold stem cell clinics responsible for fraudulent practices...
2018: NPJ Regenerative Medicine
Jacinto Costa Azevedo, José Luís Pais-Ribeiro, Rui Coelho, Margarida Figueiredo-Braga
Aggression is one of the core symptoms of antisocial personality disorder (ASPD) with therapeutic and prognostic relevance. ASPD is highly prevalent among inmates, being responsible for adverse events and elevated direct and indirect economic costs for the criminal justice system. The Impulsive/Premeditated Aggression Scale (IPAS) is a self-report instrument that characterizes aggression as either predominately impulsive or premeditated. This study aims to determine the validity and reliability of the IPAS in a sample of Portuguese inmates...
2018: Frontiers in Psychiatry
Priscilla Savopoulos, Annukka K Lindell
Over 100 years ago Lombroso [(1876/2006). Criminal man. Durham: Duke University Press] proposed a biological basis for criminality. Based on inspection of criminals' skulls he theorized that an imbalance of the cerebral hemispheres was amongst 18 distinguishing features of the criminal brain. Specifically, criminals were less lateralized than noncriminals. As the advent of neuroscientific techniques makes more fine-grained inspection of differences in brain structure and function possible, we review criminals' and noncriminals' structural, functional, and behavioural lateralization to evaluate the merits of Lombroso's thesis and investigate the evidence for the biological underpinning of criminal behaviour...
February 15, 2018: Laterality
Michael D Saxton, Laura Olszowy, Jennifer C D MacGregor, Barbara J MacQuarrie, C Nadine Wathen
Legal responses to intimate partner violence (IPV) can determine whether and how those exposed to IPV seek help. Understanding the victim's perspective is essential to developing policy and practice standards, as well as informing professionals working in policing and the justice system. In this survey study, we utilized a subset of 2,831 people who reported experiencing IPV to examine (a) rates of reporting to the police; (b) experiences with, and perceived helpfulness of, police; (c) rates of involvement with the criminal and family law systems, including protection orders; and (d) experiences with, and perceived helpfulness of, the justice system...
February 1, 2018: Journal of Interpersonal Violence
Adsa Fatima, Aarthi Chandrasekhar, Amita Pitre
Five years since Nirbhaya, and nearly as long since the Justice Verma Committee Report, amendments to the Criminal Law Amendment Act 2013, and the National guidelines and protocols on medico-legal care for survivors of sexual violence by the Ministry of Health and Family Welfare (MoHFW) 2014, we, concerned individuals, women's groups, health organisations, ethicists, and academicians, urgently demand the attention of the central and state governments - to the continuing injustice, violations and discrimination against survivors of gender-based violence (GBV)...
January 18, 2018: Indian Journal of Medical Ethics
Starr J Solomon, Jukka Savolainen, W Alex Mason, Jouko Miettunen, Stacy-Ann A January, Marjo-Riitta Järvelin
Purpose: Early exposure to multiple risk factors is known to predict involvement in criminal offending. The purpose of this study was to examine the processes responsible for this association. Specifically, the focus was on the capacity of adolescent educational experience to mediate the effect of childhood cumulative risk (CCR) on criminal offending, net of expected continuity in antisocial propensity and behavior. Methods: Data from the Northern Finland Birth Cohort Study 1986 ( n = 5,743) were used to estimate a structural equation model to examine the hypothesized pathways...
September 2017: Journal of Developmental and Life-course Criminology
Jessica L Tylicki, Dustin B Wygant, Anthony M Tarescavage, Richard I Frederick, Elizabeth A Tyner, Robert P Granacher, Martin Sellbom
Rogers, Sewell, and Gillard (2010) released a revised version of the Structured Interview of Reported Symptoms (SIRS; Rogers, Bagby, & Dickens, 1992), the SIRS-2, which introduced several new scales, indices, and a new classification model with the overall goal of improving its classification of genuine versus feigned presentations. Since the release of the SIRS-2, several concerns have been raised regarding the quality of the SIRS-2 development and validation samples and the method used to calculate classification accuracy estimates...
February 1, 2018: Psychological Assessment
Sachini N Bandara, Gail L Daumit, Alene Kennedy-Hendricks, Sarah Linden, Seema Choksy, Emma E McGinty
OBJECTIVE: Community mental health providers' attitudes toward criminal justice-involved clients with serious mental illness were examined. METHODS: A total of 627 Maryland psychiatric rehabilitation program providers responded to a survey (83% response rate). Measures assessed providers' experience with, positive regard for, and perceptions of similarity, with their clients with serious mental illness. Chi-square tests were used to compare providers' attitudes toward clients with and without criminal justice involvement...
February 1, 2018: Psychiatric Services: a Journal of the American Psychiatric Association
F Pradella, V Pinchi, M Focardi, R Grifoni, M Palandri, G A Norelli
The migrants arrived to the Italian coasts in 2016 were 181.436, 18% more than the previous year and 6% more than the highest number ever since. An "unaccompanied minor" (UAM) is a third-country national or a stateless person under eighteen years of age, who arrives on the territory of the Member State unaccompanied by an adult responsible for him/her whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such a person; it includes a minor who is left unaccompanied after he/she entered the territory of the Member States...
December 1, 2017: Journal of Forensic Odonto-stomatology
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