Law Psychiatry And Morality

The books discusses law, psychiatry, and morality.

Law, Psychiatry and Morality is specifically directed towards legal and mental health care professionals who want to clear up the ambiguity surrounding the relationship between law and psychiatry and towards those who are interested in pursuing study in this complex field. The book goes far beyond others published on this topic, and covers such issues as political misuse of psychiatry, psychology and violence, psychiatry and the USA courts, sexual exploitation by psychotherapists, and morality and psychiatry. Dr Stone is internationally recognised as an expert in these areas, and he writes for legal and mental health care professionals.

Prospect theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse: the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to such phenomena as the status quo and omission biases, the endowment effect, and escalation of commitment. The book systematically analyzes the relationships between loss aversion and the law.

We would expect a successful series such as Critical Issues in American Psychiatry and the Law to present timely, relevant issues in a high-quality manner, and such is the hallmark of this outstanding series. But we might not expect the editors to dive into the especially controversial issues, e.g., ethics, and I applaud them for doing so and in such a comprehensive and thorough fashion. Public and professional concern about ethical aspects of psychiatrists' be havior and practice is growing, and exponentially. Concern about the ethical practice of modern forensic psychiatry is paralleled by deep-seated apprehen sion not only about the ethical dilemmas of psychiatry and medicine (e.g., societal versus individual patient values, the corporatization of medicine, access to versus cost of medicine) but also about the widely publicized ethical trans gressions of religious and political leaders. That's why this volume is so timely and important. Ethics-the principles and rules of right conduct. Sounds simple. We know it is not. When I'm asked by colleagues to consider the perceived unethical behavior of a fellow professional, I often find that, like obscenity, they can't always define it but they are definite that they know it when they see it. The perception of ethical conduct often appears to be in the eyes of the beholder. read this volume. It may not always please you, Well, that's why you will want to it may upset you and even offend you, but it will definitely inform you.

The prostitution of the German psychiatric profession into a Nazi inquisitional tool was a major factor producing the total degradation of German medicine and moral ity. Its low point was its psychiatrists killing the patients they were sworn to care for, and its other physicians performing inhuman experiments on patients they were pledged to treat. In America also, psychiatry has been performing some of the functions of an In quisition: injuring innocents, both patients and dissenters, and exculpating crimi nals, terrorists especially. Innocents are being injured both in and out of psychiatric hospitals. The in creased fragmentation of care, the augmentation of its discontinuities, and assign ing the responsibility for organizing it to non-medical managers are some of the fac tors worsening the treatment results of our hospitals. Wrongful deaths, due largely to the specialty's intoxication with drugs while ignoring the importance of common human decency, have become a national scandal.

This book examines core issues related to legal insanity, integrating perspectives from psychiatry, law, and ethics. Various criteria for insanity are analyzed and recommendations for forensic psychiatric and legal practice are offered. Many legal systems have an insanity defense, in one form or another. Still, it remains unclear exactly when and why mental disorders affect a person’s moral or criminal responsibility. Questions addressed in this book include: Why should insanity be a component of our legal system? What should be the criteria for an insanity defense? What would be the reasons for abolishing it? Who should bear the burden of proof? Furthermore, the book discusses the impact neurosciences may have on psychiatric and psychological evaluations of defendants as well as on legal decisions about insanity.

Ethical medical practice and treatment in psychiatry are based on the concept of first do no harm. However, this cannot, and does not, apply to forensic cases where there is no doctor–patient relationship and the forensic psychiatrist may indeed cause harm to the examinee. In this book, Robert Sadoff analyzes the ethical issues affecting forensic psychiatric practice, especially those promulgated by the American Academy of Psychiatry and the Law. Within those guidelines, he looks at individual bias, vulnerability of the examinee, and potential harm to the mental health professional. The book discusses each of the procedures of the forensic expert separately with respect to minimizing harm. It has been written with an international audience in mind and features chapters reviewing the European and UK perspectives, by Emanuele Valenti and John Baird, respectively. Robert Sadoff addresses the long-term harm that can be either avoided or minimized through careful planning and application of ethical principles. He is not advocating that the harm can be totally eliminated, because that is impossible in the adversarial system in which forensic psychiatrists work. However, there are means by which harm may be minimized if care is taken during the assessment, the report writing, and the testimony phase of the proceedings. The book develops the scope of forensic psychiatry from the standpoint of administrative, civil and criminal cases. It presents the practical issues involved in conducting forensic psychiatric assessments under various conditions plus special considerations, such as bias, minimizing harm, developing a therapeutic approach, and elaborating on various vulnerable individuals who are frequently examined in forensic cases. These include juveniles, mentally retarded, autistic, sexual assault victims, the elderly, the organically damaged, the psychotic, and mentally disabled prisoners. Immigrants are covered in a chapter by Solange Margery Bertoglia. The ethical issues in conducting forensic psychiatric examinations and presenting psychiatric testimony in court are examined and discussed. Cases illustrating the difficulties involved punctuate the presentation. The book closes with a fascinating account of the legal perspective by Donna Vanderpool. In summary, this book illustrates the ethical and practical issues that affect forensic psychiatric practice. The question is not what we do, but how we do it, and which standards, ethical guidelines and personal values contribute to the total picture. Despite the fact that we cannot always adhere to the doctrine of "primum non nocere," we can minimize the harm caused inherently by the adversarial system in which we participate. Praise for Ethical Issues in Forensic Psychiatry "One of the founding giants of the forensic psychiatric field has written here far more than a "mere" ethics textbook. Instead, this compendium serves multiple purposes: it is a valuable primer on forensic techniques of examination and testimony, a model of best forensic practices, and an instruction on the most appropriately civilized way in which to conduct oneself as a forensic psychiatrist. The success of these multiple accomplishments clearly derives from characteristics of the author. In both sage advice to practitioners and in many revealing case examples, Dr. Sadoff displays the tact, good manners and sensitivity of a consummate gentleman – a term not always associated with the hurly-burly of courtroom work. The book's primary focus on avoiding harm to all the parties involved in the work places it on the moral high ground of the legal system in which participating clinicians must find a place." Thomas G. Gutheil, MD, Professor of Psychiatry and Co-Founder, Program in Psychiatry and the Law, Beth Israel Deaconess Medical Center, Harvard Medical School

This book is about the competing images of man offered us by the disciplines of law and psychiatry. Michael Moore describes the legal view of persons as rational and autonomous and defends it from the challenges presented by three psychiatric ideas: that badness is illness, that the unconscious rules our mental life, and that a person is a community of selves more than a unified single self. Using the tools of modern philosophy, he attempts to show that the moral metaphysical foundations of our law are not eroded by these challenges of psychiatry. The book thus seeks, through philosophy, to go beneath the centuries-old debates between lawyers and psychiatrists, and to reveal their hidden agreement about the nature of man. Some attention is paid to practical legal and psychiatric issues of contemporary concern, such as the proper definition of mental illness for psychiatric purposes, and the proper definition of legal insanity for legal purposes. This book was first announced, for publication in hard covers, in the Press's January to July seasonal list.