admin, Author at searchfortruth.info - Page 33 of 109

Lobotomy: Surgery For The Insane, 1 Stan. L. Rev. 463

February 21, 2019October 6, 2017 by admin

A comparatively new technique—prefrontal lobotomy—is now being employed in the treatment of people who are mentally ill. By partially severing the two frontal lobes of the brain from their connection with another part of the brain,spectacular results have been achieved with persons suffering from advanced stages of disabling psychoses. While many such patients have been returned to society or partially relieved of their more distressing symptoms, unfortunate use of these prefrontal lobotomies can so disintegrate a patient's personality as to leave a mere “human vegetable.” The thought-provoking aspect is that the operation is still experimental in theory and technique, and the experimentation must be done on human beings. Thus, a suggestion for some sort of legislation regulating lobotomies comes as no surprise.

This note will consider the feasibility of legislative control over the application of lobotomies to mental cases. Attention will be directed not only to the desirability of limiting use of lobotomies,...

Suffering and the Problem of Evil

November 27, 2018October 5, 2017 by admin

Islam teaches the endurance of suffering with hope and faith. The faithful are not counseled to resist it, or to ask why. Instead, they accept it as God's will and live through it with faith that God never asks more of them than they can endure. However, Islam also teaches the faithful to work actively to alleviate the suffering of others. Recognizing that they are the cause of their own suffering, individuals work to bring suffering to an end. In the Islamic view, righteous individuals are revealed not only through patient acceptance of their own suffering, but through their good works for others. And if suffering is a consequence of unbelief, then good works will relieve pain....

Parricide: An Analysis of Offender Characteristics and Crime Scene Behaviorsof Adult and Juvenile Offenders

February 21, 2019October 5, 2017 by admin

Researchers of parricide have often concentrated on the characteristics of the offenders. However, research which has empirically documented the link between offender’s characteristics and crime scene evidence is scant. Therefore, the aim of this study is to attempt not only to explore the crime scene behaviors evident in parricide offenses, but also to determine whether there are any differences between juvenile and adult offenders in both personal and crime scene characteristics. Twenty-four cases of parricide offenses, obtained from the FBI Behavioral Science Unit case files, were analyzed using frequency and chi-square. The results revealed, contrary to literature, that mental illness and abuse were not significantly different for both groups. Regarding crime scene variables, differences between the two groups were found on a number of victims and movement of the victim’s body after death. Other interesting findings include initial approach to victim and overkill. These findings provide investigative ...

Psychological Morbidity Following Miscarriage.

November 27, 2018October 5, 2017 by admin

Abstract

Emerging evidence has suggested that miscarriage could be associated with significant and possibly enduring psychological consequences. As many as 50% of miscarrying women suffer some form of psychological morbidity in the weeks and months after loss. About 40% of miscarrying women were found to be suffering from symptoms of grief shortly after miscarriage, and pathological grief can follow. Elevated anxiety and depressive symptoms are common, and major depressive disorder has been reported in 10-50% after miscarriage. Psychological symptoms could persist for 6 months to 1 year after miscarriage. The underlying risk factors predisposing a miscarrying woman to psychological morbidity include a history of psychiatric illness, childlessness, lack of social support or poor marital adjustment, prior pregnancy loss, and ambivalence toward the fetus. In addition, care-givers should be aware of the possible moderating effect of clinical practices such as surgical treatment and ultrasound findings on the psychological impact on a miscarrying woman. Unlike in...

Domestic Violence During Pregnancy. The Prevalence Of Physical Injuries, Substance Use, Abortions And Miscarriages.

November 27, 2018October 5, 2017 by admin

Abstract

BACKGROUND: The aim of this study was to estimate the prevalence of physical injuries, alcohol and tobacco use, abortions and miscarriages due to domestic violence during pregnancy and to compare socio-economic background factors between abused and non abused women.

METHOD: Personal interview combined with a standardized questionnaire involving 207 pregnant Swedish born women married to or cohabiting with Swedish born men. The women were consecutively chosen from three different antenatal clinics in Göteborg, Sweden.

RESULTS: Overall 30 women were abused during the current pregnancy as defined from the category 'symbolic violence' in the Severity of Violence Against Women Scale (SVAW). The most frequent targets for physical abuse were: the upper arm, the forearm, and the face and neck region. Ninety-five percent of women abused during pregnancy had been abused prior to the pregnancy. Notable was the finding that 4.3% of the pregnant women had been exposed to serious violencee...

List of rights; posting; waiver, CA WEL & INST § 5325

February 20, 2019October 5, 2017 by admin

Each person involuntarily detained for evaluation or treatment under provisions of this part, and each person admitted as a voluntary patient for psychiatric evaluation or treatment to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered, shall have the following rights, a list of which shall be prominently posted in the predominant languages of the community and explained in a language or modality accessible to the patient in all facilities providing those services, and otherwise brought to his or her attention by any additional means as the Director of Health Care Services may designate by regulation. Each person committed to a state hospital shall also have the following rights, a list of which shall be prominently posted in the predominant languages of the community and explained in a language or modality accessible to the patient in all facilities providing...

209 Cal.App.3d 1303 Court of Appeal, First District, Division 2, California. Eleanor RIESE, et al., Plaintiffs and Appellants, v. ST. MARY’S HOSPITAL AND MEDICAL CENTER, Defendant and Respondent.

February 21, 2019October 5, 2017 by admin

As Modified on Denial of Rehearing Jan. 15, 1988. Involuntary mental health patient brought petition for writ of mandate, on behalf of herself and others similarly situated, seeking determination that patients' informed consent was required before antipsychotic drugs could be administered. The Superior Court, City and County of San Francisco, Raymond D. Williamson, Jr., J., denied the writ. On appeal, the Court of Appeal, Kline, P.J., held that absent judicial determination of incompetency, involuntary mental health patient's informed consent would be required before treatment with antipsychotic drugs.

[1] Mental Health Persons subject to control or treatment

Person is considered civilly “gravely disabled,” and may be involuntarily detained in mental health facility for 72 hours, if peace officer or one of certain specified professionals finds probable cause that person is danger to self or others, or as result of mental disorder, is unable to provide for his basic personal needs of food, clothing or shelter. West's Ann.Cal.Welf. & Inst.Code §§ 5008(h) (1), 5150

62 Ops. Cal. Atty. Gen. 57 (Cal.A.G.), 1979 WL 29197 Office of the Attorney General State of California Opinion No. CV 78-26 February 9, 1979

February 20, 2019October 5, 2017 by admin

*1 THE HONORABLE DALE H. FARABEE, M.D. DIRECTOR OF THE DEPARTMENT OF MENTAL HEALTH

THE HONORABLE DALE H. FARABEE, M.D., DIRECTOR OF THE DEPARTMENT OF MENTAL HEALTH, has requested an opinion on the following questions:

1. Does a patients' Advocate, if he is a county mental health employee assigned pursuant to Title 9, California Administrative Code section 860, et seq., have the right of access to the records in all facilities specified in welfare and Institutions Code section 5325, whether the facility is operated under contract with the county (including federal facilities) or is privately operated?

2. Does a Patients' Advocate, who is operating under contract with the county have access to confidential records to the same degree as the county-employed advocate?

3. Does the right of access to records extend beyond the discharge date of the patient? The conclusions are: 1. A patients' advocate has a right of access to records in the

K.G., an Incompetent Person, etc., et al., Plaintiffs and Appellants, v. Larry MEREDITH, as Public Guardian, etc., Defendant and Respondent.

February 21, 2019October 5, 2017 by admin

Mental Health

Involuntary treatment or medication

County public guardian's practice of routinely imposing temporary conservatorships including Lanterman–Petris–Short (LPS) Act medical treatment decisional disabilities ex parte violated due process, even though guardian gave notice to conservatees that the disability might be imposed, the notice included contact information for the public defender's and patient's advocate's office, and the conservatees failed to affirmatively object, where the conservatees were unrepresented by counsel or a trained patient's advocate, and they were not informed about the limits of the court's power to impose the disability. U.S.C.A. Const.Amend. 14; West's Ann.Cal.Prob.Code § 2250.2; West's Ann.Cal.Welf. & Inst.Code § 5357(d)..

See Cal. Jur. 3d, Incompetent, Addicted, and Disordered Persons, § 153; Cal. Civil Practice (Thomson Reuters 2011) Probate and Trust Proceedings, § 30:28; 3 Witkin, Cal. Procedure (5th ed. 2008) Actions, § 112.

Cost of Major Murder Trials: Who Should Pay How Much?

November 27, 2018October 5, 2017 by admin

Abstract:

The reimbursement began in 1961 and originally used a formula involving a deductible similar to that used in automobile insurance. Subsequent legislation changed the formula to reduce the deductible and to have the State pay 90 percent of the remaining costs for counties with less than 300,000 residents and 80 percent of the costs for larger counties. State aid becomes available as soon as a trial's cost exceeds 0.625 percent of 1 percent of the assessed value of property in the county. Study data came from interviews with judges, prosecutors, and private attorneys and from official records on costs and county financial resources. The analysis indicated that the cost sharing is not equitable because the reimbursement formula uses countywide property taxes as the basis of reimbursement. However, revenue actually available to counties can differ substantially from countywide property taxes. In addition, incentives for cost savings have...

Ethical Considerations Of Psychosurgery: The Unhappy Legacy Of The Pre-frontal Lobotomy

November 27, 2018October 4, 2017 by admin

Abstract

There is no subject at the interface of law, psychiatry and medical ethics which is more controversial than psychosurgery. The divergent views of the treatment begin with its definition. The World Health Organisation and others define psychosurgery as the selective surgical removal or destruction of nerve pathways or normal brain tissue with a view to influencing behaviour. However, proponents of psychosurgery demur on the basis that the `modern' treatment is concerned predominantly with emotional illness, without any specific effect upon behaviour. The alternative definition offered is `the surgical treatment of certain psychiatric illnesses by means of localised lesions placed in specific cerebral sites.

It is difficult entirely to accept this definition because, as examined below, scientific psychiatry is not yet in a position to directly treat psychiatric illness solely through surgical intervention. There is no reliable theoretical relationship between particular cerebral sites (which are normal and healthy) and an identifiable psychiatric illness or symptomatology..

Psychological Impact On Women Of Miscarriage Versus Induced Abortion: A 2-year Follow-up Study.

November 27, 2018October 4, 2017 by admin

Abstract

OBJECTIVE:

To compare the psychological trauma reactions of women who had either a miscarriage or an induced abortion, in the 2 years after the event. Further, to identify important predictors of Impact of Event Scale (IES) scores.

METHOD:

A consecutive sample of women who experienced miscarriage (N = 40) or induced abortion (N = 80) were interviewed 3 times: 10 days (T1), 6 months (T2), and 2 years (T3) after the event.

RESULTS:

At T1, 47.5% of the women who had a miscarriage were cases (IES score 19 points on 1 or both of the IES subscales), compared with 30% for women who had an induced abortion (p =.60). The corresponding values at T3 were 2.6% and 18.1%, respectively (p =.019). At all measurement time points, the group who had induced abortion scored higher on IES avoidance. Women who had a miscarriage were more likely to experience feelings of loss and grief..,

The Case for Excluding the Criminal Confessions of the Mentally Ill

February 21, 2019October 4, 2017 by admin

I. INTRODUCTION

Edgar Allen Poe ends his thrilling story, "The Tell-Tale Heart," with a madman's confession, a plot device that provides the story with appropriate closure: the murderer is caught and justice can take place. At its endpoint, the story no longer holds secrets, for we can imagine the rest. The "dreadfully nervous" narrator will be tried in court for killing an old man because of the old man's "pale blue eye, with a film over it" (555). He had "loved" the old man (555), but the "vulture eye" had made the narrator "furious" and had "chilled the very marrow in [his] bones" (557). The confession and the dismembered body beneath the planks will provide the jury with incontrovertible proof of the narrator's guilt, and he will be sentenced to the gallows. Yet, even in fiction, a confession is not as simple as it may appear....

Excluding Coerced Witness Testimony to Protect a Criminal Defendant’s Right to Due Process of Law and Adequately Deter Police

February 21, 2019October 4, 2017 by admin

Abstract

This Note argues that the Due Process Clause must protect criminal defendants from the admission of an involuntary statement made by a witness. Part I discusses the history of the use of involuntary statements, specifically the justifications for the exclusion of coerced confessions. Part II examines how various courts have addressed the issue and have come to different conclusions. Part III explains why involuntary witness statements should be excluded under the Due Process Clause in criminal trials.

INTRODUCTION

Colin Warner served twenty years in jail for a murder he did not commit his conviction based entirely on the testimony of a scared fourteen year old boy who was coerced by police to implicate Warner Mario Hamilton was shot and killed in April of 1980 in broad daylight near the Erasmus Hall High School in Flatbush, Brooklyn. Thomas Charlemagne stated that he had seen what happened, though in fact he had not. Charlemagne was...

Fraud in the Inducement/ Fraud in the Procurement Law and Legal Definition

November 27, 2018October 4, 2017 by admin

Fraud in the inducement is the use of deceit or trick to cause someone to act to his/her disadvantage, such as signing an agreement. The heart of this type of fraud is misleading the other party as to the facts upon which he/she will base his/her decision to act. A person is induced to enter into a transaction with a false impression of the risks, duties, or obligations involved. There is intentional misrepresentation of a material risk or duty reasonably relied on, thereby injuring the other party without vitiating the contract itself. For example, A tells his mother to sign a deed giving him her property, and his mother refuses to do so. A falsely tells her that the bank will foreclose on the property unless she signs it over to him. If A’s mother signs the deed because of this statement from A, and A tries to enforce the deed,..

Confessions and Admissions

February 21, 2019October 4, 2017 by admin

EVER since the terms "confession and admission" were coined for evidentiary use, courts have attempted to draw clear distinctions between them, and all too frequently, judicial opinions have mirrored slavish obedience to the authority of mechanical definitions. For the sake of clarity, a succinct, well-put definition may serve a utilitarian purpose in establishing ready comprehension of a segment of human experience, but, when detached from actual fact, and the many variables that fact situations produce, this same definition may stifle the imagination and inhibit appreciation of practical considerations. Stock definitions of admissions and confessions lead one to believe that the distinguishing characteristics are sharply outlined, and if one were to accept this impression as an absolute verity, problems of admissibility would rarely beg solution. It may be unfortunate that experience dictates otherwise, but it will readily be seen that a workable rule of admissibility will require...