By defining appropriate boundaries for the defence of insanity and the doctrine of automatism, this book presents a consistent and principled approach to the reform of mental state defences. In particular, by undertaking an interdisciplinary analysis of the various factors that inform these defences the book concludes with several practical and robust reform proposals There are three objectives that underpin the suggested reform proposals. First, to ensure that an accused will be able to raise a defence of insanity for involuntary conduct arising from mental disorder even where he or she is aware of the nature and quality of such conduct. Second, to provide principled means by which to establish the criminal responsibility of an accused for conduct performed in a state of drug-induced psychosis. Third, to ensure that criminal conduct arising from a state of ’impaired consciousness’ does not automatically result in the outright acquittal of an accused. In articulating the competing demands that must be balanced in order to secure a principled approach to the reform of mental state defences the book will be of relevance to all common law countries.
The subject of this book is an epistemological consideration concerning the nature of knowledge. But other than the most essays on the subject of knowledge, here I am going to deal with a largely overlooked account to try to find an answer to the question of knowledge. This is the mental state account of knowledge. Or to put it into the main question: is knowledge a mental state? Now, the question is: Why is the epistemic thinking of Cook Wilson, Prichard and Austin afflicted with such ignorance in contemporary epistemic discussions? The answer is: an unreflected Platonian heritage during 2000 years of epistemic thinking - a notion which is similar to a point Hetherington has called "epistemic absolutism". So my main conclusion here is: the JTB thesis (knowledge is some aspect of justified true belief) is insufficient in order to give an account of the nature of knowledge. A consequence from this is: all the epistemic theories which are dealing with the JTB thesis are based on deficient assumptions. Hence their results - notably the well-known externalism/internalism debate - are insufficient, too. So, there is a need for a new theory of knowledge based on the MS thesis.
Forensic Psychiatric and Psychological Assessment in a Residential Setting
Author: Frans Koenraadt
Publisher: Rozenberg Publishers
In the Netherlands the vast majority of forensic mental health assessment on an in-patient basis is carried out at the Pieter Baan Centre, Utrecht, which has the legal status of a house of detention and observation centre. Suspects of serious offences are observed and assessed intensively for a period of seven weeks by a multidisciplinary team of experts. Not only has the enshrinement of forensic mental health diagnosis in the law led to the accentuation of an individualistic type of diagnosis but also makes it important for the expert to consider his position in the justice system. The various parts of the forensic mental health assessment are described in this volume as well as the legal enshrinement of the assessment, an international comparison of Dutch criminal law, the history of the hospital and a survey of relevant research. The Pieter Baan Centre has existed almost sixty years. Based on an extensive clinical experience, the authors offer an account of the way in which this hospital provides for forensic mental health reporting.
"Why did the defendant do it?" Mental health professionals are asked to help courts answer this question. To serve justice, the law calls for evidence of the mental state at the time a crime is committed, of suicide intent in civil litigation, and of mental capacity in contract litigation. The law asks psychiatrists and psychologists to retrospectively determine mental states -- a daunting task made even more difficult by the passage of time, the uncertain credibility of witnesses, the paucity of collateral sources of information, and often the death of the person in question. This is the first book dedicated entirely to the retrospective assessment of mental states. This fascinating book explores the role of the psychiatrist and psychologist, as an expert witness in litigation, in rendering a retrospective judgment of an individual's mental state. Distinguished contributors apply their expertise in psychiatry, psychology, and the law to address the problems of retrospective assessment. With the goal of developing guidelines for more accurate retrospective assessment of mental states, they present topics such as Guidelines for conducting retrospective assessments in children and adults Guidelines for the retrospective assessment without benefit of direct examination Assessments of suicide cases in both civil and criminal litigation Psychological testing and interviewing techniques that may assist in retrospective assessment Methods and analysis to help clinicians and attorneys critically evaluate the search for "truth" about the past. This remarkable book will prove indispensable for helping clinicians, lawyers, and judges better understand the complex and difficult process of retrospective reconstruction of mental states.
The current book addresses the development of mental state understanding in children with typical and atypical population, and reports new suggestions about the way to evaluate it and to support it through training. The presented frame is multifaceted. In respect to typical populations, the role of maternal reflective functioning, language, communication, and educational contexts has been deepened; and the association with internalizing/externalizing behaviors, performances in spatial tasks and pragmatics has been addressed as well. As to atypical populations, deficits in mental states understanding are reported for children with different developmental disorders or impairments, as the agenesis of the corpus callosum, Down Syndrome, preterm birth, Autism Spectrum Disorder, hearing impairment and personality difficulties such as anxiety. Overall, the papers collected in our book allow a better understanding of the mechanisms influencing mental state understanding and the effects of mental state comprehension on development.
Suitable for introductory classes focusing on philosophy of mind, this work includes readings from primary sources. It focuses on various examples and counter-examples, and meets the needs of instructors concerned with assigning primary source material that can serve as a foundation for more advanced studies in philosophy.
In this volume, distinguished neurologist Jason W. Brown extends the microgenetic theory of the mind by offering a new approach to the problem of time and free will. Brown bases his work on a unitary process model of brain and behavior. He examines the problem of subjective time and free will, the experiential present, the nature of intentionality, and the creative properties of physical growth and mental process.
A Handbook for Mental Health Professionals and Lawyers
Author: Gary B. Melton
Publisher: Guilford Press
This is the definitive reference and text for both mental health and legal professionals. The authors offer a uniquely comprehensive discussion of the legal and clinical contexts of forensic assessment, along with best-practice guidelines for participating effectively and ethically in a wide range of criminal and civil proceedings. Presented are findings, instruments, and procedures related to criminal and civil competencies, civil commitment, sentencing, personal injury claims, antidiscrimination laws, child custody, juvenile justice, and more.
The contributions to this volume focus on what language and language use reveals about cognitive structure and underlying cognitive categories. Wide-ranging and thought-provoking essays from linguists and psychologists within this volume investigate the insights conceptual categorization can give into the organization and structure of the mind and specific mental states. Topics and linguistic phenomena discussed include narratives and story telling, language development, figurative language, linguistic categorization, linguistic relativity, and the linguistic coding of mental states such as perceptions and beliefs. With contributions at the forefront of current debate, this book will appeal to anyone with an interest in language and the cognitive structures that support it.
Torture is perhaps the most unequivocally banned practice in the world today. Yet recent photographs from Abu Ghraib substantiated claims that the United States and some of its allies are using methods of questioning relating to the war on terrorism that could be described as torture or, at the very least, as inhuman and degrading. In terror's wake, the use of such methods, at least under some conditions, has gained some prominent defenders, notably from within the White House. In this revised edition, Torture: A Collection brings together leading lawyers, political theorists, social scientists, and public intellectuals to debate the advisability of maintaining the absolute ban and to reflect on what it says about our societies if we do--or do not--adhere to it in all circumstances. New to this edition are essays by Charles Krauthammer and Andrew Sullivan on the adoption in 2005 of the McCain Amendment, which explicitly bars the use of torture and other cruel methods of interrogation.
The Increment System is the world's first "sports psychology system," a system that allows sportspeople to design their perfect mental state and then achieve it through a simple, repeatable process. The system uses a powerful combination of tools and processes drawn from sports psychology, NLP, business project management, and pure common sense. It also includes new sports psychology theory known as "incrementing" which allows you to change your mental state in competition using an easy-to-achieve staged process. The system relies on, teaches and encourages: self-reflection, self-awareness, planning, preparation, experimentation, structured thinking, and the use of positive language and behavioural changes. It was tested and refined using the input of 25 world class athletes and keen amateurs from a wide range of sports. It has received exceptional feedback from people using the system, and has produced clear improvements in their mental performances. "A highly interesting and a refreshing approach to sports psychology," England Mens' Technical Golf Coach "With this system, we could have finished in the top four last season," Head of Sports Science for a Premier League football team "A fascinating and comprehensive book," New Holland Publishers "Impressive ideas and presentation," Hamlyn Books About the Author: Neil Harris is an NLP Sports Practitioner, a professional golfer, and a sports fanatic. He has a special interest in what separates high achievers from those who should achieve more in their chosen sport. He studied Mathematical Sciences at the University of Bath and made a career of understanding and designing effective systems and processes around people, technology and businesses. In recent years his lifelong passion for sports psychology has culminated in the creation of the world's first sports psychology system, a system that allows sportspeople to design their perfect mental state and then achieve it through a simple, repeatable process.
The ability to reason ethically is an extraordinarily important aspect of professionalism in any field. Indeed, the greatest challenge in ethical professional practice involves resolving the conflict that arises when the professional is required to choose between two competing ethical principles. Ethical Reasoning in the Mental Health Professions explores how to develop the ability to reason ethically in difficult situations. Other books merely present ethical and legal issues one at a time, along with case examples involving "right" and "wrong" answers. In dramatic contrast, Ethical Reasoning in the Mental Health Professions provides you with the needed background in methods of ethical reasoning and introduces an innovative nine-step model of ethical decision-making for resolving ethical dilemmas. Ethical Reasoning in the Mental Health Profession discusses the ethical codes of both psychology and counseling. This interdisciplinary approach promotes a better understanding of the similarities and differences in the points of emphasis in the two codes, which, in turn, enriches your understanding of the range of ethical considerations relevant to the practice of the mental health professions.
How can we accept that we ought to stop smoking, follow a diet, exercise, or take medications? The goal of this book is to describe the mechanisms of patients’ adherence to long-term therapies, whose improvement, according to the World Health Organization (WHO), would be more beneficial than any biomedical progress. For example, approximately half of the patients do not regularly follow medical prescriptions, resulting in deleterious effects on people’s health and a strong impact on health expenditure. This book describes how our beliefs, desires, and emotions intervene in our choices concerning our health, by referring to concepts developed within the framework of the philosophy of mind. In particular, it tries to explain how we can choose between an immediate pleasure and a remote reward—preserving our health and our life. We postulate that such an “intertemporal” choice can be directed by a “principle of foresight” which leads us to give priority to the future. Just like patients’ non-adherence to prescribed medications, doctors often don’t always do what they should: They are non-adherent to good practice guidelines. We propose that what was recently de-scribed as “clinical inertia” could also represent a case of myopia: From time to time doctors fail to consider the long-term interests of their patient. Both patients’ non-adherence and doctors’ clinical inertia represent major barriers to the efficiency of care. However, it is also necessary to respect patients’ autonomy. The analysis of relationship between mind and care which is provided in this book sheds new light on the nature of the therapeutic alliance between doctor and patient, solving the dilemma between the ethical principles of beneficence and autonomy.
The Fundamentals of Nursing: Clinical skills workbook will support Potter & Perry’s Fundamentals of Nursing 3rd edition in 2012 by providing a separate clinical skills workbook, accompanied by a suite of Australian clinical skills videos. The workbook features the nursing skills from the text, accompanied by an overview at the beginning of each skill set and supported by clinical skill competency check lists aligned with the National Competency Standards for the Registered Nurse. The Bondy rating scale has been incorporated to provide clearly defined levels of competency and an opportunity for reflection is included at the end of each skill to encourage meaningful learning. A suite of clinical skills videos are available online to support the workbook. Ideal for viewing in class, the videos also provide students with a valuable tool for revision prior to assessment. The trusted Step-by-Step approach for all skills as used in Potter and Perry’s Fundamentals of Nursing, 4th ANZ edition by Crisp, Taylor, Douglas and Rebeiro Competency checklists aligned to the National Competency Standards for the Registered Nurse for Australia and New Zealand The Bondy rating scale provides a valuable tool for assessment Accompanied by a suite of Australian nursing clinical skills videos via the Evolve platform 11 NEW skills including 8 health assessment skills: Skill 27-1 Abdominal health assessment Skill 27-2 Musculoskeletal health assessment Skill 27-3 Cardiovascular health assessment Skill 27-4 Respiratory health assessment Skill 27-5 Neurological health assessment Skill 27-6 Mental Health Skill 27-7 Body systems assessment Skill 41-2 Pain health assessment