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Articles 2221 - 2250 of 2336
Full-Text Articles in Law
The Terror Neurosis, David I. Sindell
The Terror Neurosis, David I. Sindell
Cleveland State Law Review
In 1934, Strauss and Savitzky wrote a paper' in which they elaborated a particular syndrome known as a "terror neuro- sis," and stated that it was frequently found in such natural disasters as earthquakes, or in sea or military disasters, and mining catastrophes. Physical injuries in these cases, they said, may be slight or absent. For this reason, Strauss and Savitzky objected to the use of the term "traumatic neurosis" on the ground that the neurosis had no physical cause as such.
Damages For Emotional Distress In Ohio, James G. Young
Damages For Emotional Distress In Ohio, James G. Young
Cleveland State Law Review
A review of Ohio cases reveals that Ohio law declares there cannot be recovery for mental distress unless it is accompanied by contemporaneous physical injury (i.e., contact), or unless the act was wilful, wanton or intentional. No Ohio cases were found where recovery for purely mental suffering, caused negligently, in and of itself was permitted.
Judicial Intervention As A Psychiatric Therapy Tool, Eleanor A. Blackley
Judicial Intervention As A Psychiatric Therapy Tool, Eleanor A. Blackley
Cleveland State Law Review
Commitment to a mental institution by itself does not, in all states, suspend civil rights. The court psychiatric unit is an early outpost of a preventive, coordinative venture which gives, at long last, practical humane expression to protection of and consideration for the civil rights of the mentally ill adult involuntary patient whose condition obstructs his capacity to demand such safeguards himself. Persons suffering from mental disorders are frequently too disabled to claim their civil rights themselves.
The Defense Of Walter X Wilson: An Insanity Plea And A Skirmish In The War On Poverty, Richard Arens
The Defense Of Walter X Wilson: An Insanity Plea And A Skirmish In The War On Poverty, Richard Arens
Villanova Law Review
No abstract provided.
Szasz: Psychiatric Justice, Emanuel Tanay
Szasz: Psychiatric Justice, Emanuel Tanay
Michigan Law Review
A Review of Psychiatric Justice by Thomas Szasz
Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D.
Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D.
Michigan Law Review
A Review of Crimes Without Victims: Deviant Behavior and Public Policy by Edwin M. Schur
Hermann: Better Settlements--Through Leverage, James J. White
Hermann: Better Settlements--Through Leverage, James J. White
Michigan Law Review
A Review of Better Settlements--Through Leverage by Philip J. Hermann
The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell
The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell
Michigan Law Review
Consider the difference between the expert testimony of an orthopedic surgeon in a personal injury suit and the testimony of a psychiatrist in a murder trial in which some elements of the mens rea are at issue. In both instances an expert opinion is received in evidence, providing the trier of fact with technical, specialized information which must, or should, be available in order to permit a rational decision-making process. Well-established rules govern the nature of expert evidence and its mode of presentation. In legal theory, the orthopedic surgeon and the psychiatrist are both experts-physicians-who perform comparable functions in the …
Book Review, Daniel W. Feldman
Book Review, Daniel W. Feldman
Cleveland State Law Review
Reviewing Thomas S. Szasz, M.D., Law, Liberty, and Psychiatry, The McMillan Company, 1963
Statutory Regulation Of Hypnosis, James T. Brennan
Statutory Regulation Of Hypnosis, James T. Brennan
Cleveland State Law Review
Hypnotism and state hypnotists caused quite a stir in the first quarter of the Twentieth Century. Several of the existing statutes on hypnotism were passed at that time. Then, for about a quarter of a century, hypnotism was legislatively forgotten. Recently, pressure groups in the form of hypnotic, psychological, psychiatric and medical societies have been lobbying for legislation prohibiting hypnotism by laymen. As the hypnotist vote isn't very large, the activities of these pressure groups have been ignored for the most part. Statutes on hypnotism generally seek either to regulate stage hypnotism, the hypnosis of minors, or medical use of …
Law And Childhood Psychological Experience, C. G. Schoenfeld
Law And Childhood Psychological Experience, C. G. Schoenfeld
Cleveland State Law Review
In an effort to help lawyers identify (and possibly change) that which in the law may reflect unduly the influence of early childhood, this paper will detail certain psychoanalytic discoveries concerning the first few years of childhood and will try to suggest wherein traces of these early years may have played a part in helping to mold the law.
Legislation Requiring Child To Support Mother In State Asylum Is A Denial Of Equal Protection-Department Of Mental Hygiene V. Kirchner, Michigan Law Review
Legislation Requiring Child To Support Mother In State Asylum Is A Denial Of Equal Protection-Department Of Mental Hygiene V. Kirchner, Michigan Law Review
Michigan Law Review
The California Department of Mental Hygiene brought suit under section 6650 of the state's Welfare and Institutions Code, a provision commonly known as a relative support statute, against the administratrix to recover 7,500 dollars from the intestate's estate. This amount represented the cost of food, housing, and treatment received by intestate's mother in a state mental hospital during the four years she had been confined there following a civil sanity hearing. Plaintiff was granted judgment on the pleadings. On appeal to the California Supreme Court, held, reversed. Since mental hospitals serve a proper public function, it is a denial …
Prejudicial In11uence On Jury Of Newspaper Published During Trial-People V. Purvis, Michigan Law Review
Prejudicial In11uence On Jury Of Newspaper Published During Trial-People V. Purvis, Michigan Law Review
Michigan Law Review
Defendant had been paroled after serving four years of a sentence for second degree murder. While on parole, he was tried for another homicide and convicted of murder in the first degree. In separate penalty trials, juries had twice assessed the death sentence, which, on both occasions, had been set aside by the reviewing court. During the third trial, the Sunday newspaper in the local county published a front-page article attacking the leniency of the parole system, attributing the area's high crime rate partly to the recidivist tendencies of parolees, and quoting the county sheriff's opinion that defendant should be …
The New Outlaw: A Psychological Footnote To The Criminal Law, John Batt
The New Outlaw: A Psychological Footnote To The Criminal Law, John Batt
Kentucky Law Journal
No abstract provided.
The Senile Testator: Medicolegal Aspects Of Competency, Robert Gene Smith, Laurence M. Hager
The Senile Testator: Medicolegal Aspects Of Competency, Robert Gene Smith, Laurence M. Hager
Cleveland State Law Review
The law has failed to recognize recent advances in geriatric psychiatry. Moreover, where medical language has been used, the terminology is either outdated or misapplied. What follows is an attempt to describe the nature and policy of the legal standard for testamentary competency, to set forth the current medical approach to senility and mental disease, and to suggest practical ways for the lawyer to use geriatric psychiatry in behalf of the senile testator.
Science, Common Sense, And Criminal Law Reform, Jerome Hall
Science, Common Sense, And Criminal Law Reform, Jerome Hall
Articles by Maurer Faculty
Professor Hall advocates a reappraisal of the current trend in criminal law of substituting expert psychiatric testimony for common-sense determinations of insanity based on the long experience of the criminal-law tradition. Holding that the average layman is as competent to recognize extreme mental illness as the psychiatric expert, the author discusses the doctrine of the "irresistible impulse" and submits that the current departures from the M'Naghten rule tend to "substitute the ideology of a particular group of psychiatrists for the principle of moral responsibility." Professor Hall suggests that realistic reform cannot be achieved without considering the "moral life and its …
Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock
Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock
Michigan Law Review
Respondent, age nineteen, appeared before the probate court of Muskingum County, Ohio, upon an affidavit filed by her mother alleging the child to be feeble-minded and in need of medical treatment. Results of psychological tests were presented at the hearing, revealing that respondent had an intelligence quotient of thirty-six and was therefore a feeble-minded person within the statutory definition. Respondent had had one illegitimate child, for whom she was unable to provide even rudimentary care or financial support, and was physically capable of bearing more children. Taking judicial notice that the state mental hospitals were then overcrowded and unable to …
Law And Psychiatry: Cold War Or Entente Cordiale? By Sheldon Glueck., L. Whiting Farinholt Jr.
Law And Psychiatry: Cold War Or Entente Cordiale? By Sheldon Glueck., L. Whiting Farinholt Jr.
Buffalo Law Review
No abstract provided.
Eugenic Sterilization In Indiana
Subnormal Mentality As A Defense In The Criminal Law, John E.V. Pieski
Subnormal Mentality As A Defense In The Criminal Law, John E.V. Pieski
Vanderbilt Law Review
Although little is left of the theory which ascribed to mental deficiency causative force in criminal conduct, the entire episode taught at least two valuable lessons to modem criminologists. First, it served as a warning against superficial research and hasty conclusions, thus inducing subsequent scholars to take a more scientific approach to similar problems. Second, it aided in alerting others that, although not all or even most criminals are mentally deficient, there are an appreciable number of criminals who possess a subnormal mentality, and who must be reckoned within the criminal law. Notwithstanding that the legal profession has utilized the …
Criminal Psychology, Edited By Richard W. Nice, Winfred Overholser
Criminal Psychology, Edited By Richard W. Nice, Winfred Overholser
Indiana Law Journal
No abstract provided.
Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.
Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.
Michigan Law Review
In common with other nations of the world the United States today as in the past is faced with the problem of controlling prostitution, particularly in urban areas. At one time or another states and cities in the United States have experimented with the classic methods of controlling prostitution: reglementation, segregation and repression. Reglementation of individual houses or prostitutes has never been carried out on a statewide basis in any state in the United States, though one can find instances in certain large cities in the nineteenth and early twentieth centuries in which city ordinances or de facto police regulations …
Constitutional Law - Insanity - Issue Of Insanity Can Be Raised By Court Or Prosecution, Michael R. Bradley
Constitutional Law - Insanity - Issue Of Insanity Can Be Raised By Court Or Prosecution, Michael R. Bradley
Villanova Law Review
No abstract provided.
Evidence - Criminal Insanity - Psychologist's Diagnosis Regarding Mental Disease Or Defect Admissible On Issue Of Insanity, C. Clark Hodgson Jr.
Evidence - Criminal Insanity - Psychologist's Diagnosis Regarding Mental Disease Or Defect Admissible On Issue Of Insanity, C. Clark Hodgson Jr.
Villanova Law Review
No abstract provided.
Psychological Assessment Of Brain Damage, Bill J. Barkley
Psychological Assessment Of Brain Damage, Bill J. Barkley
Cleveland State Law Review
We need more emphasis upon courses in Forensic Psychology in our law schools as well as in our graduate departments of psychology. The average clinical psychologist shies away from involving himself in cases that might eventually lead to testifying. The psychologist is not trained to answer with a "Yes" or a "No" and therefore is not accustomed to this procedure in the court room. In my estimation it is time that the clinical psychologist is helped to grow up legally, by having a better understanding of forensics, and it is time the legal profession is helped to grow up by …
Book Review, Irwin N. Perr
Book Review, Irwin N. Perr
Cleveland State Law Review
Reviewing Richard W. Nice, Criminal Psychology, Philosophical Library, 1962
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
All Faculty Scholarship
No abstract provided.
Private Responsibility For The Costs Of Care In Public Mental Institutions, David W. Mernitz
Private Responsibility For The Costs Of Care In Public Mental Institutions, David W. Mernitz
Indiana Law Journal
No abstract provided.
Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.
Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.
Michigan Law Review
Defendants in the criminal process are divided into rigidly exclusive categories of mental health. The competent to stand trial are first separated from the incompetent. Then the competent are divided on the basis of their mental state at the time of their acts between the "sane" and the "insane." As long as these rigid categories are administered in an adversary trial system, some misdirection of victims of serious mental illness into the penal system is almost inevitable. Even where mental illness might otherwise prevent conviction, those accused of non-capital felonies are not likely to raise the question, and few courts …
Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D.
Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D.
Michigan Law Review
Mental unsoundness in a person accused of a crime raises two distinct legal questions. One is the question of the individual's responsibility for his behavior and the other is the question of the individual's competency to enter into the legal procedures of trial or punishment. In recent years considerable attention has been given to matters of responsibility, but relatively little attention has been paid to the problem of incompetency and especially to the consequences of incompetency proceedings. In order to analyze and evaluate the operations of the Michigan law in the area of incompetency to stand trial, two psychiatrists joined …