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Not Criminally Responsible

Uri Maoz, Gideon Yaffe
A defendant is criminally responsible for his action only if he is shown to have engaged in a guilty act-actus reus (eg for larceny, voluntarily taking someone else's property without permission)-while possessing a guilty mind-mens rea (eg knowing that he had taken someone else's property without permission, intending not to return it)-and lacking affirmative defenses (eg the insanity defense or self-defense). We therefore first review neuroscientific studies that bear on the nature of voluntary action, and so could, potentially, tell us something of importance about the actus reus of crimes...
April 2016: Journal of Law and the Biosciences
Bozhena Zoritch, Ian Roberts, Ann Oakley
BACKGROUND: The debate about how, where and by whom young children should be looked after is one which has occupied much social policy and media attention in recent years. Mothers undertake most of the care of young children. Internationally, out-of-home day-care provision ranges widely. These different levels of provision are not simply a response to different levels of demand for day-care, but reflect cultural and economic interests concerning the welfare of children, the need to promote mothers' participation in paid work, and the importance of socialising children into society's values...
October 11, 2016: Cochrane Database of Systematic Reviews
Evelyn M Maeder, Susan Yamamoto, Lesley Zannella
The current study examined the effect of publicity about Canada's recent Not Criminally Responsible (NCR) Reform Act - legislation surrounding accused in insanity cases that purportedly aims to enhance public safety - on juror decision-making. In line with agenda-setting theory, we expected that NCR Reform Act publicity might reinforce certain fears about the insanity defence, dependent on whether it had either a positive or negative evaluative slant. Contrary to previous work on the insanity defence, participants in this study generally favoured a NCR verdict...
October 6, 2016: International Journal of Law and Psychiatry
Emily R Dworkin, Julie A Schumacher
Sexual assault survivors come into contact with a variety of community responders after assault, and these interactions may play an important role in mitigating distress. Given theoretical understandings of the importance of early experiences in the development of posttraumatic stress (PTS), early contact with formal systems (e.g., health care, criminal justice, social services) and informal responders (e.g., friends, family) might be particularly important in preventing PTS. However, the effectiveness of these early interventions is unclear...
September 28, 2016: Trauma, Violence & Abuse
John Jacob Cannell, Michael F Holick
When an infant presents with X-rays showing multiple unexplained fractures in various stages of healing (MUFVSH), the child is usually diagnosed with child abuse based on criteria of the Academy of Pediatrics' Committee on Child Abuse and Neglect (AAPCCAAN). Almost always, the infant is subsequently removed from the home and civil or criminal proceeding commence. It may be that healing infantile rickets or other poorly understood metabolic bone disorders of infancy are responsible for these x-rays. Activated vitamin D is a seco-steroid hormone, whose mechanism of action is genetic regulation...
September 15, 2016: Journal of Steroid Biochemistry and Molecular Biology
Pietro Ferrara, Chiara Guadagno, Annamaria Sbordone, Maria Amato, Giulia Spina, Giacomo Perrone, Maria Cristin Basile, Francesca Ianniello, Giovanna Carmela Fabrizio, Massimo Pettoello-Mantovani, Alberto Verrotti, Alberto Villani, Giovanni Corsello
Child maltreatment is a complex life experience happening when a parent or caregiver does an intentional or potential damage to a child, including acts of commission and omission. Child abuse is not an uncommon event, but it is not always recognized. Identifying the real number of maltreated children is a challenge because of the large variability in reported prevalence data across studies. Unfortunately, in the United States, it affects 1 in 8 children, by the age of 18 years, annually. Paediatricians may encounter a variety of forms of maltreatment such as neglect, emotional, physical and sexual abuse...
September 14, 2016: Current Pediatric Reviews
Patrick Lussier, Danielle A Harris, Anne-Marie McAlinden
For the past three decades or so, criminal justice policies have been enacted under the assumption that individuals who have been convicted of a sex offense are life course persistent sex offenders. In that context, research has been heavily focused on the assessment of risk and the prediction of sexual recidivism.Simultaneously, little to no attention has been given to the majority of individuals convicted of sex offenses who are not arrested or convicted again.Researchers have witnessed a growing gap between scientific knowledge and the sociolegal response to sexual violence and abuse...
September 7, 2016: International Journal of Offender Therapy and Comparative Criminology
R Matthew Gladden, Pedro Martinez, Puja Seth
In March and October 2015, the Drug Enforcement Administration (DEA) and CDC, respectively, issued nationwide alerts identifying illicitly manufactured fentanyl (IMF) as a threat to public health and safety (1,2). IMF is unlawfully produced fentanyl, obtained through illicit drug markets, includes fentanyl analogs, and is commonly mixed with or sold as heroin (1,3,4). Starting in 2013, the production and distribution of IMF increased to unprecedented levels, fueled by increases in the global supply, processing, and distribution of fentanyl and fentanyl-precursor chemicals by criminal organizations (3)...
2016: MMWR. Morbidity and Mortality Weekly Report
Dohyung Kee, Gyuchan Thomas Jun, Patrick Waterson, Roger Haslam
The South Korea Sewol ferry accident in April 2014 claimed the lives of over 300 passengers and led to criminal charges of 399 personnel concerned including imprisonment of 154 of them as of Oct 2014. Blame and punishment culture can be prevalent in a more hierarchical society like South Korea as shown in the aftermath of this disaster. This study aims to analyse the South Korea ferry accident using Rasmussen's risk management framework and the associated AcciMap technique and to propose recommendations drawn from an AcciMap-based focus group with systems safety experts...
August 12, 2016: Applied Ergonomics
Priscilla Ferrazzi, Terry Krupa
RATIONALE: Rehabilitation-oriented criminal court mental health initiatives to reduce the number of people with mental illness caught in the criminal justice system exist in many North American cities and elsewhere but not in the mainly Inuit Canadian Arctic territory of Nunavut. OBJECTIVE: This study explores whether the therapeutic aims of these resource-intensive, mainly urban initiatives can be achieved in criminal courts in Nunavut's resource constrained, culturally distinct and geographically remote communities...
September 2016: Social Science & Medicine
Andrea L Miller, Eugene Borgida
We examine the role of moral typecasting in lay individuals' punitive responses to crime. Individuals perceive criminal offenders and victims in ways that are biased by their perceptions of the actors' moral roles in prior simulated criminal incidents. We find that this psychological process of moral typecasting has important implications for punitive responses to criminal offenders, and these findings make 2 major contributions to the literature. First, we show that moral agency is distinct from moral deservingness, which is 1 of the dominant explanations for punitive behavior in social psychology...
August 8, 2016: Law and Human Behavior
N Zoe Hilton, Alexander I Simpson, Elke Ham
Previous studies of decisions about forensic patients' placement in secure hospitals indicate some changes over time in the use of empirically supported risk factors. Our aim was to investigate whether, in more recent cases, risk assessment instruments were cited by a forensic patient review board or by the clinicians who made recommendations to the board and whether there was evidence of an association between risk assessment results and either dispositions or recommendations. Among review board hearings held in 2009-2012 pertaining to 63 different maximum security patients found not criminally responsible on account of mental disorder in Ontario, Canada, dispositions were most strongly associated with psychiatrists' testimony, consistent with previous studies...
August 2016: Psychological Services
Jeff Bouffard, Elizabeth Berger, Gaylene S Armstrong
BACKGROUND: In recent years, jurisdictions have recognized the strain placed on limited existing resources by criminal offenders with mental illness who frequently cycle through local jail facilities. In response, many locales have developed and implemented specialized programs to more effectively and efficiently manage these offenders, particularly the process of assigning defense attorneys to these often indigent defendants. METHODS: The current study examined the impact of an Indigent Defense Counsel (IDC) program designed to provide specially trained defense attorneys, and enhanced case management services to 257 indigent jail inmates with a qualifying, major mental health diagnosis (e...
2016: Health & Justice
Leonard S Rubenstein, Joseph J Amon, Megan McLemore, Patrick Eba, Kate Dolan, Rick Lines, Chris Beyrer
Worldwide, a disproportionate burden of HIV, tuberculosis, and hepatitis is present among current and former prisoners. This problem results from laws, policies, and policing practices that unjustly and discriminatorily detain individuals and fail to ensure continuity of prevention, care, and treatment upon detention, throughout imprisonment, and upon release. These government actions, and the failure to ensure humane prison conditions, constitute violations of human rights to be free of discrimination and cruel and inhuman treatment, to due process of law, and to health...
September 17, 2016: Lancet
Sarah Tarlow
Not only did the criminal corpse have actual medicinal and magical power for Europeans, it also had social and cultural meaning as an object, a curio or secular relic. This paper considers the appeal of notorious bodies. From books bound in the skin of a criminal, to preserved and exhibited heads, from fragments of the hangman's rope to the exhibition of the skeleton, the story of the afterlife of criminal bodies and the material culture most immediately associated with them begins with the collection and exchange of bodies and moves into contemporary preoccupations with authenticity...
July 2, 2016: Mortality
Phuong N Pham, Patrick Vinck, Rob Grace, Adrienne Fricke, Michael VanRooyen
The valuable efforts that have arisen in recent years to document attacks against healthcare workers and infrastructure during armed conflicts have brought this issue to the forefront of the policy agendas of many health, public health, humanitarian and human rights organizations. However, although professionals and activists have highlighted the importance of accountability in deterring these attacks, considerations of international criminal responsibility in data-gathering efforts remain underexplored. This paper suggests an approach that could direct further accountability efforts for organizations interested in engaging in documentation...
2016: World Health & Population
Hart S Brown
Historically, the unauthorised access and theft of information was a tactic used between countries as part of espionage campaigns, during times of conflict as well as for personal and criminal purposes. The consumers of the information were relatively isolated and specific. As information became stored and digitised in larger quantities in the 1980s the ability to access mass amounts of records at one time became possible. The expertise needed to remotely access and exfiltrate the data was not readily available and the number of markets to monetise the data was limited...
2016: Journal of Business Continuity & Emergency Planning
Shreemanta Kumar Dash, Shailendra Patel, Krishnadutt Chavali
Sexual violence is a significant cause of physical and psychological harm and suffering for women and children. Although sexual violence mostly affects women and girls, boys are also subject to child sexual abuse. Nurse is the person who attends the victim first. In order to meet the rigid and ever-changing demands of providing care to the victim and complying with our confusing system of laws, the nursing should has been forced to expand into a Forensic nursing, specialty of its own. Nursing roles in the criminal justice service known by many names worldwide-Custody nursing, Prison/Correctional nursing, Immigration centre nursing, Sexual Assault Nurse Examiner (SANE) or Sexual Assault Forensic Examiner (SAFE), SARTs (Sexual assault response team), SARCs (Sexual assault referral centre) and FNDIs (Forensic nurse death investigator)...
August 2016: Journal of Forensic and Legal Medicine
Luciana Assis Costa, Daniete Fernandes Rocha, Gabriela Vieira, Adriene Reis
The aim of this paper is to demonstrate some understanding of the daily lives of young people facing socio-educational measures of incarceration, especially regarding the predisposing factors that may explain their involvement in criminal occupations and activities (Although the socio-educational measures applicable to adolescents configures as a response to committing of an offence, it has a mostly educational and not punitive character.). This is an exploratory study with a qualitative approach. The data collection instrument used was semi-structured interviews with 22 young men aged between 12 and 17 years, on condition of deprivation of freedom in four youth centres in Belo Horizonte, Minas Gerais, Brazil...
September 2016: Occupational Therapy International
Wei Pei, Michiel van der Wolf
Reforms of the criminal justice system in China in recent years have included the 2012 Code of Criminal Procedure (CCP), which resulted in new disposals for mentally disordered offenders. From a Western perspective, changes in Chinese criminal law are sometimes clichéd as toothless window dressing, but they may represent a genuine step forward in safeguarding human rights. Taking a historical perspective, this paper reveals that in the East, as much as in the West, there is a 'moral tradition' of not punishing mentally disordered offenders who are not considered responsible for their acts...
June 4, 2016: International Journal of Law and Psychiatry
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