Psychopathologische und kognitive Veränderungen unter Rauschdrogen – Relevanz für die strafrechtliche Beurteilung

To properly estimate the effect of drug consumption in the context of criminal responsibility it is important to understand the nature and course of psychopathological alterations whilst under the influence of each particular drug. In addition, it is important to know about the addictive potential of the different street drugs and the pattern of withdrawal symptoms. In this review we are summarizing the existing evidence for the most widely used illegal drugs. We have considered both anecdotal evidence from and systematic surveys within the illegal drug scene as well as the results of experimental research with healthy volunteers. Finally, we evaluate how acute or subacute psychopathological drug effects effect the degree of criminal responsibility.     

Bad or Mad? Personality disorders and legal responsibility-the German situation

Criminal offenders have a high rate of personality disorders (PDS), especially Antisocial Personality Disorders and psychopathy, but criminal acts are not necessarily the result of PD. Findings from psychiatric research suggest that the development of PD is influenced by genetic factors, that can result in deviant traits in temper, emotionality and cognitive style. There is general agreement that those peculiarities and vulnerabilities find their expression and structure only under a complex interplay of stimulating or impairing environmental influences. Do these genetic factors-or other factors-diminish a person's criminal responsibility? There is no difficulty in diagnosing PDs, but the challenging questions arise in forensic assessments of defendants for criminal responsibility who have a PD. This article discusses the German legal situation and special problems created by the term of "diminished" criminal responsibility. In contrast to the Anglo-American legal situation, the German criminal law obliges the court to order an indeterminate forensic - psychiatric confinement, in addition to punishment, if the offender had acted under diminished criminal responsibility and is now still considered to be dangerous. The convicted offender remains under the control of the criminal court during psychiatric hospitalization. The change from handling the personality disordered offender as a criminal to handling him as someone with a mental disorder creates a social option for extended state interventions, including indeterminate hospitalization.     

Factors associated with experts' opinions regarding criminal responsibility in The Netherlands

In many jurisdictions, offenders need to have freely chosen to commit their crimes in order to be punishable. A mental defect or disorder may be a reason for diminished or total absence of criminal responsibility and may remove culpability. This study aims to provide an empirically based understanding of the factors on which experts base their judgements concerning criminal responsibility. Clinical, demographic and crime related variables, as well as MMPI-2 profiles, were collected from final reports concerning defendants of serious crime submitted to the observation clinic of the Dutch Ministry of Justice for a criminal responsibility assessment. Criminal responsibility was expressed along a five-point scale corresponding to the Dutch legal practice. Results showed that several variables contributed independently to experts' opinions regarding criminal responsibility: diagnosis (Axis I and II), cultural background, type of weapon used in committing the crime, and whether the defendant committed the crime alone or with others. In contract to jurisdictions involving a sane/insane dichotomy, the Dutch five-point scale of criminal responsibility revealed that Axis II personality disorders turned out to be mostly associated with a diminished responsibility. MMPI-2 scores also turned out to have a small contribution to experts' opinions on criminal responsibility, independently of mere diagnostic variables. These results suggest that experts base their judgements not only on the presence or absence of mental disorders, but also on cultural and crime related characteristics, as well as dimensional information about the defendant's personality and symptomatology.     

An examination of the assumptions of specialization, mental disorder, and dangerousness in sex offenders

Sex offenders have been singled out for differential treatment by the legal and mental health systems. This article attempts to inform law reform efforts and criminal justice mental health policy by examining the assumptions underlying differential legal and mental health treatment of sex offenders. These assumptions include the theories that sex offenders are mentally disordered and in need of treatment, specialists in sex crimes, and more dangerous than other criminal offenders. Empirical findings demonstrate that sex offenders are not specialists in sex crimes and are not mentally disordered. Examination of past research suggests that sex offenders are not at more risk than other criminal offenders to commit future sex crimes. Implications of research findings for selective prosecution of sex crime cases, mental health policy, sex offender legislation, and predictions of future dangerousness are discussed. Proposals for future research needs and law reform are presented.     

Apology in the criminal justice setting: evidence for including apology as an additional component in the legal system

The criminal justice system has reached unprecedented scope in the United States, with over 6.4 million people under some type of supervision. Remedies that have the potential to reduce this number are continually being sought. This article analyzes an innovative strategy currently being reconsidered in criminal justice: the apology. Despite a legal system that only sporadically acknowledges it, evidence for the use of apology is supported by social science research, current criminal justice theories, case law, and empirical studies. Social psychological, sociological and socio-legal studies pinpoint the elements and function of apology, what makes apologies effective, and concerns about apology if it were implemented in the criminal justice system. Theoretical evidence is examined (including restorative justice, therapeutic jurisprudence, crime, shame, and reintegration) to explore the process of apology in the criminal justice context. Attribution theory and social conduct theory are used to explain the apology process specifically for victims and offenders. A brief examination of case law reveals that though apology has no formal place in criminal law, it has surfaced recently under the federal sentencing guidelines. Finally, empirical evidence in criminal justice settings reveals that offenders want to apologize and victims desire an apology. Moreover, by directly addressing the harmful act, apology may be the link to reduced recidivism for offenders, as well as empowerment for victims. This evidence combined suggests that apology is worthy of further study as a potentially valuable addition to the criminal justice process.     

Der § 105 JGG: Entwicklungspsychologische Erkenntnisse und gutachterliche Praxis1

The paper describes the foundations drawn from developmental psychology for judging the maturity of young offenders and how expert assessment is carried out in practice according to § 105 in German Juvenile Law. This paragraph has repeatedly been the subject of public controversy. The findings of developmental psychology show clearly that young persons (18-21-year-olds) are still “structured” like adolescents in many psychical function areas. This is especially true for personality traits such as risk-taking behaviour, perception of risk, impulse control, planning horizon, self-control, peer-group influence, stimulation and similar - all relevant in criminal offences. A developmental retardation of this kind is particularly and greatly reinforced by the psycho-social strains typically affecting delinquent youths. An additional factor is a society-wide tendency for the young to retain youth-typical behaviour well into their thirties. The paper presents dimensions of maturity evaluation according to § 105 as also problematic areas in assessment by experts. In terms of constitutional law the considerable discrepancies in practice between the various states in the Federal Republic represent a serious infringement of the principle of equality before the law. Therefore both in terms of developmental psychology as also for reasons of equality before the law a ruling to place the 18-to-21-year-olds under the Jugendstrafrecht - German criminal law relating to offenders under 18 - is recommended.     

Drug-associated psychoses and criminal responsibility

At present, the law draws a distinction when assigning criminal responsibility to those who commit offences while experiencing psychotic symptoms: if the symptoms are believed to arise because of ingesting drugs (an external cause), the offender is generally convicted of the offence; if the symptoms arise from a mental illness (an internal cause), the offender may be afforded a defence of insanity. In practice, drawing such a distinction can be problematic. There are difficulties for example in determining criminal responsibility when the use of drugs is followed by the emergence of a psychotic illness process that then continues to have an independent existence even in the absence of the ongoing substance use. This article analyses legal, policy, and expert witness perspectives relating to liberal, conservative, and intermediate approaches to this problematic area of jurisprudence.     

Zur Häufigkeit der Schuldfähigkeitsbegutachtung von Sexualstraftätern im Erkenntnisverfahren

This study investigated how often and depending on which factors sexual offenders are examined by mental health experts regarding their criminal responsibility. Out of a total of 306 legal charges against sex offenders accused of child sexual abuse (CSA: n?=?145), rape or sexual assault (n?=?89), exhibitionism (n?=?39), sexual abuse of adolescents, mentally defective, physically helpless or warded persons (n?=?18) that were admitted by a criminal court in 2001 in the German federal state of Schleswig-Holstein, 209 (95.6 %) were analyzed regarding the following questions: how often was the accused examined by a mental health professional regarding mental responsibility? Was the chance of being examined systematically related to certain factors (e.g., personality of the accused)? Expert advice regarding the mental responsibility of the accused was obtained by the court in only 34 cases (11.7 %). No systematic relationships of personal variables as well as the modus operandi and the chance of commissioning a mental health expert were found. The main reason for assigning a forensic expert opinion was the vague impression of a psychic disorder. Re-offending increased the rate of a mental health examination only in CSA (34.6 % of re-offenders were examined compared to 9.2 % of first-time offenders), but not in rape or sexual assault. Also age does not predict the commissioning of an expert opinion. Only one fifth of all accused below the age of 21 were investigated by a mental health professional. Results are discussed in terms of legal background, consequences for risk assessment and relapse prevention.     

Without Thinking: Impulsive Aggression and Criminal Responsibility

In the U.S. the decision to impose criminal responsibility rests on an assumption about the defendant's decision to engage in proscribed conduct. We punish only those who we believe had the capacity to make a choice. In an increasingly violent world, the criminal law and the assumptions upon which it rests are relentlessly tested. A new generation of neuro-imaging technologies offers to provide insights into structural and functional abnormalities in the brain that may limit the autonomy of many dangerous offenders and unravel the fabric of the criminal justice system. How will the results of these technologies be received by the courts—are they relevant to existing formulations of the prima facie case, the insanity defense, or mitigation of sentence; will changes in the science or the law be required to accommodate this knowledge? The new generation of technologies may appropriately play a role in assessing culpable mental states only if they are also reliable. This short article takes on these and a host of other related questions at the intersection between science, law, and science fiction. Copyright © 2008 John Wiley & Sons, Ltd.     

A matter of life or death: special considerations and heightened practice standards in capital sentencing evaluations

Mental health evaluations at capital sentencing represent a complex and specialized arena of practice. The moral culpability focus of capital sentencing is distinct from guilt-phase considerations of criminal responsibility, and has a specialized literature. Capital violence risk assessment is uniquely oriented to a prison context, relying on past adjustment to incarceration, as well as group statistical data specific to capital offenders and other inmate groups. Personality testing is a more complex consideration in capital sentencing evaluations. The implications of interviewing the defendant, as well as the parameters and documentation of an interview, make full disclosure and informed consent of particular importance. Defense- and prosecution-retained experts are subject to specific ethical vulnerabilities. These are examined in this paper through the lens of current professional standards.     

Do criminal offenders specialize in crime types?

A common misconception exists that criminal offenders specialize in types of crime, such as serial murders, domestic violence, and sex offenses. This article explores the research on specialization in general criminal offenders, domestic violence offenders, and sex offenders. This review finds that although there are a few specialists, the majority of criminal offenders are generalists who exhibit wide versatility in offending. The implications for legal and mental health policies are discussed.     

Do criminal offenders specialize in crime types?

A common misconception exists that criminal offenders specialize in types of crime, such as serial murders, domestic violence, and sex offenses. This article explores the research on specialization in general criminal offenders, domestic violence offenders, and sex offenders. This review finds that although there are a few specialists, the majority of criminal offenders are generalists who exhibit wide versatility in offending. The implications for legal and mental health policies are discussed.     

A Protocol for Reducing Juvenile Recidivism Through Relapse Prevention

The connection between alcohol and other drug use and juvenile criminal activities is well established. The source of this connection and specific interventions with juvenile offenders involved in alcohol and drug use are unclear. This article reviews existing literature pertinent to this subject and presents an adolescent-specific relapse prevention protocol. This protocol provides readers with a structure for assisting substance abusing juvenile offenders.     

Medicalizing the drug war

Recent findings in the field of psychopharmacology pertain to the abuse of drugs and alcohol among criminal offenders and have implications for new management techniques. Drugs of abuse exert their effects on areas of the brain responsible for pleasure, providing a powerful reinforcement for drug usage. Furthermore, there is a prevalence of psychological, psychiatric and social dysfunctions that antedate drug use which are identifiable at an early age. It is suggested that drugs of abuse differentially influence users via these biological, psychological and social mechanisms, reinforcing the development of serious and chronic abuse in a vulnerable subgroup. Studies of drug abuse specially indicate that within this subgroup, antisocial behavior precedes and exacerbates drug abuse, and multiple risk factors contribute to the concomitant development of criminality and drug abuse. Early detection and comprehensive treatment of underlying disorders that may both precipitate and result from drug abuse promise to improve possibilities for prevention and reducing relapse rates. Furthermore, the inclusion of pharmacologic treatments may further enhance the success of conventional drug treatments. This article proposes that incorporating scientific data and medicalizing our approach to drug abuse is essential to win the war against drugs.     

Mental health criminal defenses in persons with neuropsychiatric disorders

Persons with neuropsychiatric disorders present specific and unique challenges for forensic experts and defense attorneys in the criminal justice system. This article reviews two potential criminal defenses: legal insanity and the various legal standards or tests of criminal responsibility that are used in jurisdictions throughout the United States (i.e., the M’Naghten standard and the American Law Institute's Model Penal Code), and the partial legal defense of diminished capacity (lacking the mental state necessary to be found guilty of a specific intent crime). The process of evaluating criminal responsibility or diminished capacity is also presented with a specific emphasis on common issues that arise in evaluating defendants with Intellectual Developmental Disorder (Intellectual Disability), Parasomnias, Seizure Disorders, and Neurocognitive Disorders.     

Begutachtung bei sozialrechtlichen Fragen

Expert opinions in social law are extraordinarily frequent. The expert opinion is the decisive basis for a decision whether a social benefit has to be granted. The importance of social legal assessment for those affected and for society in general is substantial and psychiatric experts carry a high responsibility for the expert opinions in social law. In order to be able to justify this responsibility, psychiatric experts must possess expert knowledge with respect to the current scientific debate in the respective field as well as the individual fields of social law and the various problems associated with them. This article describes the examination and structure of expert opinions. The problem of the so-called critical examination of the will and the problem of malingering are discussed. The important fields in social law are described.     

Alien Conspiracy Theory? Exploring Ethnicity and Drug Supply in Scotland

ABSTRACT

Scholars have identified associations between ethnicity and crime. The extent to which such correlations generalize to other national domiciles, and the nuances of neighborhood criminality is unclear. Drawing upon 67 interviews with practitioners and (ex)offenders involved in drug supply, and supplemented by data sets, the article tests the validity of the generalisation, by exploring a) whether ethnicity is perceived as advantageous in the movement of drugs, and b) how indigenous organized criminal gangs (OCGs) address the encroachment of foreign OCGs on their turf. Findings suggest ‘official’ suppositions aren’t wholly supported by evidence gained from street actors connected with criminogenic environments.     

criminal involvement and media use

When researchers investigate the relationships between media behavior and criminal behavior, they tend to focus on the links between the content preferences of offenders and the types of crime they have committed. Offenders, however, also differ with respect to their degree of criminal involvement. Although some authors indicate that the consumption of socially disvalued media contents may have a symbolic value for people with a high degree of criminal involvement, or suggest that media may provide them with useful information, the link between this criminality dimension and media use has seldom been thoroughly studied. This article describes the results of a qualitative and quantitative study into the media use of prisoners in five Flemish penitentiaries. It illustrates that the variable degree of subjective criminal involvement is a particularly strong predictor of media uses, preferences, and interests among confined offenders.     

Der ?ltere Gewaltt?ter vor der Strafvollstreckungskammer

As much as violent offences are the beloved item of criminal novels and, the more brutal the better of the media, there is little research about this issue, when it comes to convicted offenders being in their sixties and seventies, and subjects of whether or not to be released. This article cannot present any evaluated database but must refer to common experience drawn from many individual cases mostly related to prisoners serving a life-time sentence or preventive detention. The discussion requires a distinction between a large variety of violations and will lead to the finding that every single violent offender must be closely and individually scrutinized. Nevertheless, the law provides some rules which, although they are given for every decision to be made on sentenced offenders who are to be released or to stay in penitentiary (which is, according to German law, a decision dedicated to a special Chamber of the Court), show specific implementations when applied to this group; what it does not show is pure age as a valid protective factor.