The Rebirth Of Forensic Psychiatry in Light Of Recent Historical Trends in Criminal Responsibility

Bursztajn, Harold J.; Scherr, Albert; Brodsky, Archie

doi:10.1016/s0193-953x(18)30104-7

Cited by 12 publications

(8 citation statements)

References 28 publications

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“…The CR in PDs varied in relation to the PD type, its seriousness, its comorbidity with Axis I disorders, the level of influence on the volitional capacity, the type of delinquent behavior, and the specific circumstances. The evaluation of CR is the result when combining the legal system and clinical practice (1). The assessment of the psychic alteration as a possible cause for modification of the CR is not resolved with diagnose alone.…”

Section: Discussionmentioning

confidence: 99%

“…KEYWORDS: forensic science, forensic psychiatry, criminal responsibility, personality disorder, volitional, cognitive capacities The assessment of criminal responsibility (CR) is the result of the combination of psychological and psychiatric practice and legal regulations (1). The subjects with a mental pathology raise doubts concerning their CR in court proceedings.…”

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confidence: 99%

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Personality Disorders and Criminal Responsibility in the Spanish Supreme Court*

Mohíno¹,

Pujol²,

Idiaquez³

2010

Journal of Forensic Sciences

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The aim of this study is to determine how personality disorders (PDs) are viewed in relation to criminal responsibility (CR) within the jurisprudence of the Spanish Supreme Court. All sentences with PD from 2000 to 2006 were included. The most frequently occurring PDs are cluster B and nonspecific disorders, alongside another Axis I disorder. The Spanish Supreme Court admitted appeals on 50%, and sentencing criteria were changed in 25% of the cases. The most frequent outcome was in the first instance a minor reduction in CR and second full CR being upheld. The borderline PD and the comorbidity between a PD and an Axis I disorder are the variables associated with the decrease in CR. The assessment of CR in PD should be undertaken using the diagnosis as a base taking into account other elements, such as the type of PD, its seriousness, comorbidity, and relationship with the criminal behavior on trial.

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Section: Discussionmentioning

confidence: 99%

mentioning

confidence: 99%

Personality Disorders and Criminal Responsibility in the Spanish Supreme Court*

Mohíno¹,

Pujol²,

Idiaquez³

2010

Journal of Forensic Sciences

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“…From a historical point of view, the phenomenon observed by Piccinini 2 -the "rebirth" of Forensic Psychiatry -can also be seen in other western nations. 3 In Brazil, the subspecialty appeared in the middle of the 19th century and experienced a period of considerable growth in the first half of the 20th century. Beginning in the 1960s, it fell into decline.…”

Section: The Rebirth Of Forensic Psychiatry O Renascimento Da Psiquiamentioning

confidence: 99%

O renascimento da psiquiatria forense

Abdalla-Filho¹,

Taborda²

2006

Rev. Bras. Psiquiatr.

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“…In the forensic context the purpose is the social one of benefiting society by promoting fair dispute resolution through the adversarial legal system. At its best, the forensic psychiatric evaluation has been characterized as sharing some qualities of a working alliance but only for the limited purpose of conducting the evaluation (28).…”

Section: Psychological Versus Social Purposementioning

confidence: 99%

“…Contrary to stereotype, empathy is not necessarily absent from the forensic evaluation, since a skilled evaluator creates an atmosphere in which the evaluee feels free to speak within the limits set by the absence of confidentiality (28). However, even the legitimate use of empathy can lead to a quasitherapeutic interaction that ultimately leaves the evaluee feeling betrayed by the evaluator's report (34).…”

Section: Empathymentioning

confidence: 99%