PubMed · 9808938
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Mackay of the Clashfern Lord. 1998. Mental responsibility.. https://doi.org/10.1177/002580249803800402
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OBJECTIVE: The purpose of this study was to determine which factors were significantly associated with court outcomes for drug exposed infants in dependency court. METHOD: A longitudinal study of 118 drug exposed infant social services and juvenile court files of petitioned cases through all court hearings, using chi-squares and logistic regressions data analysis. RESULTS: There was an overrepresentation of minority mothers who were poor, unemployed, undereducated, and single, with prior referrals to the dependency system and criminal records. The chi-square analysis suggested that variables such as ethnicity, past referrals, and criminal record were significantly associated with court outcomes for all hearings, with minority cases less likely to receive family maintenance orders, and more likely to have their children placed out of home. The regression analysis however showed a different pattern. Ethnicity and prior referrals disappeared as significant risk factors altogether. Only at the initial dispositional hearing did a criminal record significantly influence court decisions. In subsequent hearings, mothers' compliance with court orders and attending court hearings became the significant factors associated with court outcomes. CONCLUSIONS: Mothers' behavior was more important for court outcomes than ethnicity, past referrals, and criminal record. It is therefore imperative that mothers are motivated to successfully comply with court orders by offering culturally appropriate services and facilitating attendance at court hearings.
Four rules minimize the likelihood of a false conviction resulting from the misidentification of a suspect from a lineup: (1) The person conducting the lineup should not know which member of the lineup is the suspect. (2) The eyewitness should be warned that the criminal might not be present. (3) Foils should be selected based on the eyewitness's verbal description of the criminal. (4) Confidence should be recorded at the time of identification. In this paper the relevant law relating to lineups in England and Wales is outlined and the extent to which they satisfy the four rules is reviewed. It is concluded that the way in which lineups are conducted in England and Wales would, with minor modifications, satisfy the four rules, and this demonstrates that the rules can be applied practically.
In an era when sentencing of mentally disordered offenders has been progressively influenced by protective considerations, the role psychiatrists play in the sentencing process is problematic. Where an offender's legitimate expectation of proportionality in sentencing can be trumped by psychiatric assessments, not of therapeutic need, but of either predictions of risk or untreatability or both, leading to disproportionate and potentially damaging custodial sentences, then psychiatrists should recognize that they are ethically compromised.