How Do Legal Experts Cope With Medical Reports and Forensic Evidence? The Experiences, Perceptions, and Narratives of Swiss Judges and Other Legal Experts

Canela, Carlos; Buadze, Anna; Dube, Anish; Jackowski, Christian; Pude, Ingo; Nellen, Romilda; Signorini, Paola; Liebrenz, Michael

doi:10.3389/fpsyt.2019.00018

Cited by 17 publications

(9 citation statements)

References 57 publications

(62 reference statements)

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“…The research team itself had gathered previous experience in employing qualitative research methodology on perceptions toward ADHD, SUD, and psychosis among the general population, medical and legal experts and affected individuals. Results have been reported elsewhere ( 22 , 35 – 38 ).…”

Section: Methodsmentioning

confidence: 55%

Perceptions and Attitudes of Correctional Staff Toward ADHD—A Challenging Disorder in Everyday Prison Life

et al. 2021

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Attention deficit hyperactivity disorder (ADHD) is a neurodevelopmental disorder that is associated with risk-taking behaviors, poor self-control, and interpersonal difficulties. Affected individuals have an increased probability of involvement with the criminal justice system, contributing to a higher rate of arrest, and imprisonment compared with the general population; they are also inadequately treated once sentenced. Because prison staff play a central role in the identification of inmates with mental disorders, they could well be key to improving provision of care. There is however little knowledge of the conceptions, perceptions, and attitudes of prison staff toward ADHD. Such information could help to identify starting points for awareness training and further implementation of specific ADHD treatment. To bridge this gap, we undertook a study based on a qualitatively-driven mixed methods design, combining qualitative data collection in the form of narrative interviews with 19 prison staff from a Swiss correctional facility with quantitative data collection in the form of a survey that included the Attitudes toward Prisoners scale. The interviews were analyzed with QSR NVIVO 11 and a qualitative content analysis approach was used to evaluate findings. Prison staff were generally aware of ADHD and its symptomology, believing it to a be “real,” but “fashionable” disorder and favoring hereditary-genetic or biological explanatory models for its development. They viewed inmates with ADHD rather negatively, as complicating correctional efforts, and perceived them as sticking out, as tying up more resources and as frequently being involved in confrontations. Our findings suggest that difficulties in pragmatic aspects of communication and language comprehension may be perceived “as not listening or following instructions,” creating additional tensions. Consequently, inmates with ADHD are more often exposed to disciplinary sanctions, such as solitary confinement—an intervention deemed “necessary” by staff. Therefore, staff training on ADHD might need to cover evidence on adverse effects. Non-pharmacological interventions for treatment were preferred and considered to be highly efficacious. Skepticism toward pharmacological treatment prevailed, even when benefits from stimulant medication were described. Interestingly, this skepticism was not the result of negative experiences with the misuse and diversion of stimulants. Acceptance of multimodal treatment among prison staff may require customized strategies.

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Section: Methodsmentioning

confidence: 55%

Perceptions and Attitudes of Correctional Staff Toward ADHD—A Challenging Disorder in Everyday Prison Life

et al. 2021

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“…The research team itself had gathered previous experience employing qualitative research methodology at the intersection of law and medicine. Results have been reported elsewhere (30,31).…”

Section: Data Collection and Interviewmentioning

confidence: 55%

“…by pointing out the dangers of overdoses after release from prison, and were thus, without classifying their strategies as such, educationally active and applying, unbeknownst to themselves, a harm reduction strategy (66). This observation underlines the importance of imparting knowledge to legal professionals (31). Defense attorneys' concerns about detainees' access to medical care are not unfounded.…”

Section: Discussionmentioning

confidence: 72%

The Accessibility of Opioid Agonist Treatment and Its Forced Discontinuation in Swiss Prisons—Attitudes, Perceptions and Experiences of Defense Lawyers in Dealing With Detained Persons Using Opioids

et al. 2020

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Background: Opioid agonist treatment (OAT) is an important pillar in the treatment of individuals using opioids and its continuation during imprisonment is recommended. Despite this knowledge access to and continuation of OAT is still limited in many countries. The forced discontinuation during pre-trial detention can cause severe withdrawal symptoms, which in turn may significantly impair the defendant's ability to exercise granted procedural participation rights. Furthermore, it can be argued that forced discontinuation of a desired treatment represents a form of a compulsory intervention. Aims: The present study was developed against the backdrop of a recent ruling by the European Court of Human Rights (Wenner vs. Germany). It intended to examine how defense lawyers dealing with detained persons using opioids view and assess the accessibility of OAT in pre-trial detention as well as during imprisonment in different parts of Switzerland. Methods: Using a qualitative approach, we interviewed 11 defense lawyers from three different cantons of Switzerland with multiple years of experience in providing legal representation to more than 220 defendants using heroin. The interviews were analyzed with QSR NVIVO 11 for Windows. A qualitative content analysis approach was used to evaluate findings. Results: Defenders who had been exposed to the opioid crisis during the course of their legal career had adopted a positive attitude towards OAT and associated it with a stabilizing influence on their clients, an improvement in criminal prognosis, and a reduction in recidivism. They were generally of the opinion that access to OAT had improved, however identified a considerable variance in different penitentiaries, which were mediated

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“…The research team itself had gathered previous experience in employing qualitative research methodology on perceptions towards ADHD, SUD and psychosis among the general population, medical and legal experts and affected individuals. Results have been reported elsewhere (Ana Buadze et al, 2020; Buadze, Stohler, Schulze, Schaub, & Liebrenz, 2010; Canela, Buadze, Dube, Eich, & Liebrenz, 2017a, 2017b; Canela et al, 2019).…”

Section: Methodsmentioning

confidence: 62%

Perceptions and Attitudes of Prison Staff towards ADHD – double jeopardy for inmates affected

Buadze

Friedl

Schleifer

et al. 2020

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Background: Attention deficit hyperactivity disorder (ADHD) is a neurodevelopmental disorder that is associated with risk-taking behaviors, poor self-control and interpersonal difficulties. Affected individuals have an increased probability of involvement in the criminal justice system, contributing to a higher rate of arrest and imprisonment compared with the general population. Current data on the prevalence of ADHD among prisoners reports rates of 26%, but finds them inadequately treated. Aims: Because prison staff play a central role in the identification of inmates with mental disorders, they could well be key to improving provision of care. There is however little knowledge of the conceptions, perceptions and attitudes of prison staff towards ADHD. Such information could help to identify starting points for awareness training and to further implementation of specific ADHD treatment. Methods: To bridge this gap, we employed a qualitatively driven mixed methods design combining qualitative data collection in the form of narrative interviews with 19 prison staff from a Swiss correctional facility with quantitative data collection in the form of a survey that included the Attitudes Toward Prisoners scale. The interviews were analyzed with QSR NVIVO 11 and a qualitative content analysis approach was used to evaluate findings. Results: Prison staff were generally aware of ADHD and its symptomology, believed it to a be real, but fashionable disorder and favored hereditary-genetic or biological explanatory models for its development. They viewed inmates with ADHD rather negatively, as complicating correctional efforts, perceived them as sticking out, as tying up more resources and as frequently being involved in confrontations. Our findings suggest that difficulties in pragmatic aspects of communication and language comprehension may be perceived as not listening or following instructions creating additional tensions. Consequently, inmates with ADHD are more often exposed to disciplinary sanctions, such as solitary confinement - an intervention deemed necessary by staff. Therefore, staff training on ADHD might need to cover evidence on adverse effects. Non-pharmacological interventions for treatment were preferred and considered to be highly efficacious. Skepticism towards pharmacological treatment prevailed, even when benefits from stimulant medication were described. Acceptance of multimodal treatment among prison staff may require customized strategies.

show abstract

How Do Legal Experts Cope With Medical Reports and Forensic Evidence? The Experiences, Perceptions, and Narratives of Swiss Judges and Other Legal Experts

Cited by 17 publications

References 57 publications

Perceptions and Attitudes of Correctional Staff Toward ADHD—A Challenging Disorder in Everyday Prison Life

Perceptions and Attitudes of Correctional Staff Toward ADHD—A Challenging Disorder in Everyday Prison Life

The Accessibility of Opioid Agonist Treatment and Its Forced Discontinuation in Swiss Prisons—Attitudes, Perceptions and Experiences of Defense Lawyers in Dealing With Detained Persons Using Opioids

Perceptions and Attitudes of Prison Staff towards ADHD – double jeopardy for inmates affected

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