In Rex vs. Arnold (1724) it was held that to avail himself of the defense of insanity "a man must be totally deprived of his understanding and memory, so as not to know what he is doing, no more than an infant, a brute, or a wild beast." Although there has been some modification of this formula in most jurisdictions, the courts still operate under the McNaghten Rule (1843) which is no more logical and actually is more difficult to apply. That such a situation exists in 1956 is a reflection on the indifference of society-and particularly the courts which it elects-as well as on the failure of modern psychiatry to communicate its viewpoint to society. If we are to correct the sad formulae of the "right and wrong" and "policeman at the elbow" tests, we must have more study and better methods of communication in this area.A similar state of confusion exists in the methods of commitment of mentally ill people to psychiatric hospitals. The methods prescribed by law are archaic and cruel-and again reflect the failure of modern psychiatry to communicate its understanding to the legislatures and courts. There are many other areas of conflict between law (which looks to the past for its insights) and psychiatry (which seeks for its concepts in the current scientific advances). (+info)
Legal liability to volunteers in testing new drugs.
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Scientists test new drugs by giving them to volunteers. In spite of every precaution, the drug may harm the volunteer. Under Canadian law, can he recover damages against any of the persons connected with the test? He cannot succeed against the scientist if the latter had made complete disclosure of the risks and had then obtained the volunteer's free consent. Where the subject of a test is a child or one of unsound mind, the guardian's consent probably does not protect the scientist from a possible claim by the subject. Where a married woman is a volunteer, her husband's consent is unnecessary. The volunteer cannot succeed against his family physician who referred him to the scientist unless the physician took an active part in an experiment that was conducted negligently or without a proper consent. The volunteer cannot succeed against the maker unless he has negligently prepared the drug or given misleading information. (+info)
THE SIGNIFICANCE OF SPERMATOZOA IN VICTIMS OF SEXUAL OFFENCES.
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Factual information for the use of the doctor called upon to give evidence in court after examining the victim of an alleged sexual attack is considered on the basis of an extensive review of the literature and of years of experience by the staff of the Attorney-General's Laboratory for Ontario. This experience emphasizes the need for immediate examination of fluid from the vaginal pool for motility of the spermatozoa and the need for a later examination for delayed bruising of the victim. Motile spermatozoa are found in the vagina for one-half to six hours, with an average time of three hours. Non-motile forms usually are found for seven to 12 hours, but exceptionally for 18 to 24 hours. Data relative to the survival of spermatozoa under various conditions are tabulated. (+info)
INSANITY AND CRIMINAL OFFENDERS. SOME COMMENTS ON THE REPORT OF GOVERNOR'S SPECIAL COMMISSIONS ON INSANITY AND CRIMINAL OFFENDERS.
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The definition proposed by the Commissions on Insanity and Criminal Offenders for determining criminal responsibility will not resolve the issue between offenders who are considered blameworthy and regarded as criminals and those who are not. No formula is satisfactory for differentiating responsibility and irresponsibility. Determinism, which is the fundamental tenet of all science, is violated by the assumption that an individual can wilfully elect to commit an act which, in fact, is the result of causal antecedents. This concept is in conflict with the basic premise of criminal law that an individual is considered criminally responsible unless it can be proved to the contrary. Since it is unlikely that any proposal to abolish the concept of criminal responsibility would be even considered, it is suggested that no definition be used at all. Laws similar to those for the disposition of the mentally ill could be enacted, with emphasis not on the concept of criminal responsibility and moral blameworthiness but on the offender's dangerousness to others, the disposition then being planned to fit the offender rather than the offense. (+info)
PATHOLOGICAL STATES AND CRIMINAL RESPONSIBILITY.
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The doctor is embarrassed in court when asked to testify to the effects of illness on a defendant's capability "of appreciating the nature and quality of an act or omission or of knowing that an act or omission is wrong". The source of his difficulty is traced to the legal concepts of "guilt", "crime" and "punishment" which imply a legal view of man at variance with our modern biological view. To abolish this discrepancy we need not accept a medical model for criminal law where "crime" is analogous to "disease", and "punishment" to "treatment". A pragmatic approach to the handling of the criminal could exclude the notions of "guilt" and "punishment" and yet fulfil the rational goals of protecting society from the criminal and of compensating his victims. (+info)
The Supreme Court, abortion, and the jurisprudence of class.
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The US Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v Casey both protects a woman's liberty to choose to terminate her pregnancy and permits the state to make it more difficult for her to exercise her choice. In their opinion on the case, Justices O'Connor, Kennedy, and Souter eloquently defend constitutional protection of the right to make intimate decisions like continuing or ending a pregnancy. At the same time, they permit the state to try to persuade pregnant women not to have abortions and to make abortion harder to obtain and more costly, as long as the state's methods do not create an "undue burden" on the decision. Any restriction on abortion is a burden; whether it is "undue" (and therefore unconstitutional) depends on one's circumstances. The Court appears to view the difference between an undue burden and mere inconvenience from the perspective of privilege. The restrictions that were upheld may not significantly affect middle-class access to abortion, but they could prove insurmountable for many less privileged women. (+info)
Exaggerated MMPI-2 symptom report in personal injury litigants with malingered neurocognitive deficit.
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Traditional MMPI-2 validity scales, the Lees-Haley Fake Bad Scale (FBS), and the Arbisi and Ben Porath Infrequency Psychopathology Scale (F(p)) were evaluated in 33 personal injury litigants who had failed forced-choice symptom validity testing and other measures of effort in patterns consistent with the Slick, Sherman, and Iverson (1999) criteria for definite and probable malingered neurocognitive deficit (MND). The FBS was more sensitive to symptom exaggeration than F, Fb, and F(p). The definite and probable MND litigants also produced mean elevations on MMPI-2 scales 1, 3 and 7 that were significantly higher than those produced by various clinical groups including non-litigating severe closed head injury, multiple sclerosis, spinal cord injury, chronic pain, and depression. These data suggest that MMPI-2 profiles characteristic of malingered injury differ from those associated with malingered psychopathology. (+info)
Population genetics in the forensic DNA debate.
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The use of matching variable number of tandem repeat (VNTR) profiles to link suspects with crimes is potentially very powerful, but it has been quite controversial. Initial debate over laboratory procedures has largely given way to debate over the statistical and population genetic issues involved in calculating the frequency of a profile for a random member of a population. This frequency is used to weight the evidence of a match between suspect and crime scene material when the suspect denies responsibility for that material. A recent report from the National Research Council, intended to put to rest some of the issues, has instead raised further debate by advocating a procedure based on maximum frequencies of profile components over several different populations. (+info)