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Articles 31 - 56 of 56
Full-Text Articles in Law and Psychology
Psychiatrist In Workmen's Compensation Field, Donald W. Loria
Psychiatrist In Workmen's Compensation Field, Donald W. Loria
Cleveland State Law Review
At one time, if a physician could find no objective evidence of disability, an employee usually lost his workmen's compensation case. If the x-ray and the electroencephalogram were negative, if no muscle spasm were present, if the diminished sensation to pinprick followed no anatomical pattern-if the doctors could find nothing in the examination to substantiate the employee's complaints of pain-the decision invariably found the employee was malingering. Compensation was denied. Toward the middle of this century, psychiatry began to offer some explanations.
Compulsory Community Care For The Mentally Ill, Beatrice K. Bleicher
Compulsory Community Care For The Mentally Ill, Beatrice K. Bleicher
Cleveland State Law Review
At the present time, the benefits of community care are limited to voluntary patients, but they should be extended to involuntary patients as well. This paper discusses the need for compulsory community care and the steps taken to meet this need in a few states and in Britain. Finally, it proposes legislation which could cope with the problems of providing community care for the civilly committed.
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.
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.
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 …
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
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.
Book Review, Irwin N. Perr
Book Review, Irwin N. Perr
Cleveland State Law Review
Reviewing Richard W. Nice, Criminal Psychology, Philosophical Library, 1962
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 …
Drug Induced Statements, Gilbert Geis, Ernest R. Kamm
Drug Induced Statements, Gilbert Geis, Ernest R. Kamm
Cleveland State Law Review
No serious attempt appears to have been made to check the opinions of scientific authorities in regard to drug-induced statements, beyond a cursory survey in 1941, and the courts have gone their way without much information, often, as has been charged in other areas involving forensic psychiatry, substituting the claims of the more articulate and aggressive members of the profession for the consensus of knowledgeable opinion within the entire group. This paper, therefore, is an attempt to learn from a sample of psychiatrists the present state of professional belief about the legal value and reliability of barbiturate drugs in forensic …
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Cleveland State Law Review
This paper was intended as a contribution to the study of psychiatry, and especially institutional psychiatry, as a form of social control. More specifically, I have sought to present further evidence in support of the thesis that the relationship between the involuntarily hospitalized mental patient and his psychiatrist (s) is commonly antagonistic rather than cooperative in nature. The conception of a "mental illness," as essentially similar to a bodily disease, serves to obscure the many exceedingly significant socio-economic, legal and ethical aspects of forced mental hospitalization.The patient's lawsuit for release, and the psychiatric superintendent's appeal that he be permitted to …
An Appraisal Of Competency, Henry Davidson
An Appraisal Of Competency, Henry Davidson
Cleveland State Law Review
Competence is the ability to handle business affairs with ordinary prudence. It is a legal not a medical formula, and in a sense, it must be defined negatively. Every one is assumed to be competent. If you think some one is incompetent, you must prove it. He does not have to prove that he is competent. Therefore, the formula is a criterion of incompetency not competency. To declare a person incompetent, these findings must coexist: 1. He has a mental disorder. 2. This causes bad judgment. 3. Because of the bad judgment, the patient either: (a) Squanders his money or …
Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg
Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg
Cleveland State Law Review
It is the purpose of this paper to show that the requirements made on psychiatry have not changed in the least since the application of the Durham Rule. It will be shown that now and in the future as before, the demonstration of the development and the dynamics of the mental processes is what the psychiatrist has to offer. Questions of guilt are not in his province. Now as before this latter remains the prerogative and obligation of the finders of fact, not of the experts.
California's Program For The Sexual Psychopath, Reginald S. Rood
California's Program For The Sexual Psychopath, Reginald S. Rood
Cleveland State Law Review
The basis for California's sexual psychopath program is the legal provision which establishes a state hospital as an alternative to prison for certain nonpsychotic, convicted offenders, legally defined as sexual psychopaths. The designated institution is the Atascadero State Hospital, a new facility opened in June, 1954. Its 1250 all male patient population is about sixty percent sexual psychopaths and forty percent criminal insane. This preponderance of non-psychotic patients is unique for a state hospital for the mentally ill, where, as a rule, about ninety percent of the patients are psychotic. My purpose is to discuss our program and procedures for …
Civil Liberties And The Mentally Ill, Thomas S. Szasz
Civil Liberties And The Mentally Ill, Thomas S. Szasz
Cleveland State Law Review
Here are two basic ways in which a person may assume the social role of "mental patient." First, it may be assumed voluntarily, meaning that the role is self-defined. Second, it may be foisted upon a person against his will. This means that a person may be defined as "mentally ill" by someone other than himself. This definition, then, if properly implemented, may become generally accepted or socially verified. I shall limit myself here to calling attention to certain ethical and legal aspects of the psychiatrist's involvement with the second class of "mentally ill" patients.
Civil Rights And Mental Hospital Administration, Ewing H. Crawfis
Civil Rights And Mental Hospital Administration, Ewing H. Crawfis
Cleveland State Law Review
Let us start our discussion by indicating a frame of reference for the comments we wish to give about civil rights. Our discussion will relate primarily to patients, who have been hospitalized for the observation and treatment of mental illness. It is also based on the statutes in Ohio and on the practice in the courts and more especially in the receiving hospitals and state hospitals in Ohio. The receiving hospitals admit a high percentage of voluntary patients, whereas the state hospitals admit patients who have been committed.
Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr
Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr
Cleveland State Law Review
The problem of suicide is a prominent public health problem in this country. Physicians and hospitals have an obvious concern, as do the law courts, where actions for wrongful death and negligence may involve suicide as a result of a tortious act. This paper will restrict comment to the principles and application of present law as to the responsibility of the psychiatric hospital and the psychiatrist and a discussion of some of the applicable psychiatric factors.
Forensic Psychiatry In Switzerland, Anton Harder
Forensic Psychiatry In Switzerland, Anton Harder
Cleveland State Law Review
Forensic Psychiatry, like political, legal, esthetic, and oftentimes, religious practices, is part of the selfrealizationof a nation. In this way, different countries arrived at different and varying solutions to social problems. Although Switzerland is a small state (5.27 million people per 41,300 square kilometers) in the heart of Europe, she, nevertheless has succeeded in going her own way in Forensic Psychiatry.
Legal Medicine And Psychiatry In Turkey, Fahrettin Kerim Gokay
Legal Medicine And Psychiatry In Turkey, Fahrettin Kerim Gokay
Cleveland State Law Review
The utilization of psychiatrists in the handling of legal matters in Turkey began with the reformation in 1908 when "The Legal Medicine Institute" and "The Legal Medicine Council" were founded. The Faculty of Medicine at the University of Istanbul created professorial chairs in psychiatry and legal medicine.
Psychosomatic Disease And The Law, Carl E. Wasmuth
Psychosomatic Disease And The Law, Carl E. Wasmuth
Cleveland State Law Review
There are fundamental differences between the standard of probabilities in law upon which a jury must deliberate, andthe standard of certainty in the scientific laboratory of medicine which an investigator must respect. This conflict is nowhere more evident than in the field of psychosomatic disease. This area of medicine has long been recognized but it was only in recent years that it has become the target for intense research. This lack of medical interest in what was considered a fringe area has caused the legal profession to substitute law for medicine. Eventually, however, science will progress in the field of …
Forensic Psychiatry And The Witness - A Survey, Jewel Hammond Mack
Forensic Psychiatry And The Witness - A Survey, Jewel Hammond Mack
Cleveland State Law Review
It has been recommended that a course in Forensic Psychiatry be included in the law school curriculum. The gap between law and psychiatry-two fields closely related in many ways, certainly should be narrowed. One of the main "causes of potential justice accidents is the fallibility inherent in testimonial evidence." The effectiveness of a witness' oral testimony depends upon four factors: (1) intelligent observation of the event; (2) clear memory; (3) freedom from any compulsions to color or ignore the truth; and (4) ability to give a vivid description.
Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor
Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor
Cleveland State Law Review
This paper deals with court decisions on liability claims for injuries to the mind rather than for broken bones alone. This subject now is as important to practitioners and students of the law as it long has been to medical men. Much medical knowledge is now reflected in new interpretations by the courts, so that today the legal fact is established that a person's emotional security as well as his physical security must be protected and compensated. The author's purpose is to focus attention on the developments of recent years as well as those of earlier times, and to demonstrate …
Mental Competency And Mental Hospitals, Ewing H. Crawfis
Mental Competency And Mental Hospitals, Ewing H. Crawfis
Cleveland State Law Review
Psychiatrists generally are aware that there is not necessarily any relation between competency and hospitalization for mental illness. The consensus seems to be that these two things should be considered entirely separately. Many patients may need mental hospital care, without having suffered any impairment of their competency. My personal estimate is that 75% of all patients admitted to the average mental hospital could be considered to be competent. Also, it is well to keep in mind that an individual may require a guardian because of incompetency due to a mental disorder, but not require hospitalization in a mental hospital. Unfortunately, …
Conversion Hysteria - An Explanation For Attorneys, Ewing H. Crawfis
Conversion Hysteria - An Explanation For Attorneys, Ewing H. Crawfis
Cleveland State Law Review
Conversion Hysteria is a diagnostic term used by physicians and particularly in one specialty of medicine-namely psychiatry. Attorneys encounter this term as it is applied to certain individuals who come to them in the course of their practice particularly in cases involving personal injury and claims for compensation. This paper is being presented in an effort to explain and clarify this diagnostic term for attorneys.