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Articles 2101 - 2130 of 2188

Full-Text Articles in Law and Psychology

Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D. May 1961

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 …

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Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen May 1961

Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen

Michigan Law Review

A Review of Confidentiality and Privileged Communication in the Practice of Psychiatry. Group for the Advancement of Psychiatry.

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Criminal Law - Insanity - Test For Criminal Responsibility, Michael R. Bradley Jan 1961

Criminal Law - Insanity - Test For Criminal Responsibility, Michael R. Bradley

Villanova Law Review (1956 - )

No abstract provided.

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Negligently Inflicted Psychic Injuries: A Return To Reason, Alvan Brody Jan 1961

Negligently Inflicted Psychic Injuries: A Return To Reason, Alvan Brody

Villanova Law Review (1956 - )

No abstract provided.

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Drug Induced Statements, Gilbert Geis, Ernest R. Kamm Jan 1961

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 …

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Greenberg: Race Relations And American Law, Spencer L. Kimball May 1960

Greenberg: Race Relations And American Law, Spencer L. Kimball

Michigan Law Review

A Review of RACE RELATIONS AND AMERICAN LAW. By Jack Greenberg.

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Hospital Refusal To Release Mental Patient, Thomas S. Szasz Jan 1960

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 …

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An Appraisal Of Competency, Henry Davidson Jan 1960

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 …

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Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg Jan 1960

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.

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California's Program For The Sexual Psychopath, Reginald S. Rood Jan 1960

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 …

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Civil Liberties And The Mentally Ill, Thomas S. Szasz Jan 1960

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.

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Civil Rights And Mental Hospital Administration, Ewing H. Crawfis Jan 1960

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.

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Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr Jan 1960

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.

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Forensic Psychiatry In Switzerland, Anton Harder Jan 1960

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.

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Legal Medicine And Psychiatry In Turkey, Fahrettin Kerim Gokay Jan 1960

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.

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Use Of Subnormal Mentality To Discredit Jan 1960

Use Of Subnormal Mentality To Discredit

Indiana Law Journal

No abstract provided.

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Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross May 1959

Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross

Michigan Law Review

A number of recent events makes it timely to reconsider certain aspects of the relation between psychiatry and the law. In the past decade, both the public and the legal profession have been increasingly concerned with the impact of mental illness on the law. In 1952, an outstanding text, Psychiatry and The Law, was published as the joint effort of a lawyer and a psychiatrist. Two years later the Durham case laid down a new test of insanity in criminal cases, rejecting the M'Naghten rule. Interest in the case resulted in a host of law review articles, symposiums, and …

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Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed. May 1959

Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.

Michigan Law Review

The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …

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Mental Incompetence In Indiana: Standards And Types Of Evidence Apr 1959

Mental Incompetence In Indiana: Standards And Types Of Evidence

Indiana Law Journal

No abstract provided.

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Macdonald: Psychiatry And The Criminal, Raymond L. Carol Apr 1959

Macdonald: Psychiatry And The Criminal, Raymond L. Carol

Michigan Law Review

A Review of Psychiatry and the Criminal By John M. MacDonald.

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Torts - Mental Distress - Recovery Against Original Wrongdoer For Fear Of Cancer Caused By Subsequent Medical Advice, Paul Gerding Mar 1959

Torts - Mental Distress - Recovery Against Original Wrongdoer For Fear Of Cancer Caused By Subsequent Medical Advice, Paul Gerding

Michigan Law Review

Plaintiff, suffering from bursitis in the right shoulder, received X-ray treatments from defendant physicians. Subsequent thereto, plaintiff's shoulder began to itch, scab, and blister for several years, a condition diagnosed as chronic radiodermatitis caused by the X-ray therapy. Approximately two years after the treatments, plaintiff was examined by a dermatologist who advised her to have her shoulder checked every six months because the area might become cancerous. Plaintiff then developed a severe "cancerphobia," an apprehension that she would ultimately develop cancer from the radiation burn. Plaintiff brought a malpractice suit against defendant physicians, seeking recovery for the physical injury and …

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Mental Disease And Criminal Responsibility-M'Naghten Versus Durham And The American Law Institute's Tentative Draft, Jerome Hall Jan 1958

Mental Disease And Criminal Responsibility-M'Naghten Versus Durham And The American Law Institute's Tentative Draft, Jerome Hall

Indiana Law Journal

On April 5, 1957 a Conference Panel discussion on Mental Disease and Criminal Responsibility was held at the Harvard Law School during the annual meeting of the First and Second Circuits of the American Law Student Association. The participants were Professor Abram J. Chayes, Harvard, who had assisted in the preparation of the Durham opinion and who presented that view; Professor Herbert Wechsler, Columbia, Chief Reporter of the American Law Institute's Model Penal Code, who presented that view; and Professor Jerome Hall, Indiana, who presented the M'Naghten view. Professor Louis L. Jaffe, Harvard, presided. Unfortunately, Professor Chayes' and Professor Wechsler's …

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Psychosomatic Disease And The Law, Carl E. Wasmuth Jan 1958

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 …

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Forensic Psychiatry And The Witness - A Survey, Jewel Hammond Mack Jan 1958

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.

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Abstracts Of Recent Cases, T. E. P. Dec 1957

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

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Alcoholism And The Law, Melvin L. Selzer Dec 1957

Alcoholism And The Law, Melvin L. Selzer

Michigan Law Review

The American public has recently been subjected to a deluge of articles and books on the subject of alcoholism. While these contributions have been filled with valuable information, certain omissions have been noticeable. These omitted facts are of vital significance to any one wanting to gain insight into the broad problem of alcoholism. The first omission is a failure to stress that no one-or almost no one-knows who is alcoholic. This may include the alcoholic himself. It is a point of considerable importance in determining the proper disposition of certain criminal cases.

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Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky Dec 1957

Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky

Michigan Law Review

Plaintiffs (husband, wife, and three children) incurred physical injuries and a fourth child was burned to death in an automobile collision with the defendant's vehicle. Plaintiffs claimed compensation for mental anguish sustained from witnessing the death of the child. Defendant's motion to strike the allegations of mental suffering, held, granted. Defendant owes no legal duty to protect plaintiffs from mental suffering caused by viewing another in peril. Lessard v. Tarca, (Conn. Super. 1957) 133 A. (2d) 625.

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Administration Of The Criminal Sexual Psychopath Statute In Indiana, Elias S. Cohen Jul 1957

Administration Of The Criminal Sexual Psychopath Statute In Indiana, Elias S. Cohen

Indiana Law Journal

No abstract provided.

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Present Insanity - From The Common Law To The Mental Health Act And Back, Samuel Polsky Jan 1957

Present Insanity - From The Common Law To The Mental Health Act And Back, Samuel Polsky

Villanova Law Review (1956 - )

No abstract provided.

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Recent Decisions, Various Editors Jan 1957

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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