International journal of law and psychiatry
-
Int J Law Psychiatry · Jan 1995
ReviewMental health research in the criminal justice system: The need for common approaches and international perspectives.
There is a need for researchers and policy makers in the area of mental health and law to collaborate and develop common methods of approach to research. Although we have learned a great deal about the prevalence and needs of mentally ill offenders in jails and prisons, there are a number of research questions that remain. If the "second generation" of research is to be fruitful--and useful to policy makers--we need to be sure that the methods we employ are valid and that the findings we obtain are reliable. ⋯ Much of the research conducted with mentally ill offenders to date has focused primarily upon psychological and psychiatric questions--questions that are, as Hodgins (1995) indicates, epidemiological in nature. More attention must be paid to that research by policy makers and others who work with mentally ill offenders in the criminal justice system. As Hoyer et al. (1995) and Gould (1995) make clear, a number of unique policy questions arise when considering mentally ill offenders in the legal system.(ABSTRACT TRUNCATED AT 400 WORDS)
-
Int J Law Psychiatry · Jan 1991
The right to refuse treatment: an application of the economic principles of decision-making under uncertainty.
When courts do not defer to professional judgment, alternative ways must be used to make treatment decisions for persons who are deemed incompetent. Rather than impose the preferences of society on the mentally ill individual, courts have favored alternative procedures. The two most common approaches are substituted judgment and best interests. ⋯ The best interest standard is used when no clear and convincing evidence of the patient's treatment preferences exists. The treatment decisions of competent patients whose characteristics are similar to the incompetent patient's, and who have faced a similar situation, can be used as a proxy for the decision the incompetent patient would have made. Using the choice function of similar people may make it possible to develop a reasonably objective basis for determining what course of action is in the patient's best interest.