This dissertation study focused upon four stages in the forensic evaluation process, including its impact upon judicial decisions. A group of defendants referred for a pretrial forensic evaluation between October, 1974 and October, 1976 was compared with defendants not referred for evaluation. The results indicated that (1) the defendants referred for forensic evaluation were very similar to those defendants not referred for pretrial examination except that the diverted population was more frequently in custody, remained in custody for a longer time, and remained in the criminal justice system awaiting disposition for a longer time. (2) Factors associated with a recommendation of incompetency and/or insanity included the diagnosis, a poor prognosis, a previous competency evaluation, and past history of hospitalization. (3) Generally forensic competency recommendations were followed by the courts; however, judges were more willing to overrule experts' recommendations of incompetence than competence. When experts agreed the defendent was sane at the pretrial the court followed the recommendation; 1 defendant out of 95 was found insane. When the experts' agreed the defendant was insane at the pretrial evaluation, the defendant was found insane at time of adjudication only 13.5%, though in over 40% of the cases the charges against the defendant were dismissed; still, in nearly half the cases the defendant was found guilty of the crime. (4) The defendants referred and considered competent by the experts were later found guilty and sentenced to prison time more often than defendants who either were not evaluated or considered incompetent by the experts. These diverted but competent defendants received credit less often for time served while in custody than the nonevaluated defendants. Defendants who were considered incompetent by the experts were later less often found guilty, and seldomly sentenced to prison. For these defendants there was a greater likelihood that the criminal charges would be dismissed. However, these defendants were subsequently committed to a mental hospital, and therefore did not "beat their raps." Finally, the greatest likelihood for a not guilty by reason of insanity verdict occurred when previously the experts disagreed as to the competence of the defendant to stand trial.

No description available.

Thesis (Ph.D.)--University of Tulsa, 1993. / Includes bibliographical references (leaves 112-117).

Thesis (M.P.A.)--Kutztown University of Pennsylvania, 1993. / Source: Masters Abstracts International, Volume: 45-06, page: 2937. Abstract precedes thesis title page as [2] preliminary leaves. Typescript. Includes bibliographical references (leaves 59-61).

Thesis (doctoral)--Universität, Basel, 2008. / Includes bibliographical references (p. 587-642).

Thesis (doctoral)--Université de Genève. / Includes bibliographical references (p. 441-480).

The prevalence and consequences of the insanity plea, titled "guilty except for insanity" in the State of Oregon, are fraught with misconceptions. The use of the plea requires a complex set of interactions between the mental health and criminal justice systems, and comes with severe costs for people who use it. Most of the research on the psychological aspects of the insanity plea emphasizes empirical validity in the form of risk assessment instruments and/or the biomedical model with its focus on disease and illness. This thesis analyzes from community psychology and critical theory perspectives the decision process of hearings held by the Psychiatric Security Review Board. The critical analysis draws specifically on Michel Foucault's (1977) theory of knowledge and power to address three questions: 1. Are there identifiable prototypical narratives of risk that are constructed around evidence admitted to a hearing? 2a. Are these risk narratives deployed differently in public PSRB hearing as opposed to an individual interview? 2b. Do the District Attorney, Defense Attorney, and clinician deploy risk narratives differently? 3. As professionals that create, administer, and interpret risk assessment instruments, how do clinicians use these risk narratives to support or refute the arguments of each side? Transcripts and audio recordings of hearings were thematically content analyzed and compared to address these questions. One overarching theme and four subsidiary themes emerged from the data that describe how risk is indirectly discussed in the formal procedures of the hearings and in individual interviews. The overarching theme is Insight and the four subsidiary themes are Elopement, Compliance, Drug-use, and Treatment. Compared across settings, the hearings were highly structured whereas the individual interviews allowed for a more complex analysis and explication of positions. In the context of the PSRB hearings, the testimony of the clinician was of primary importance in determination of insight and the source of information on the patient along the subsidiary themes.

Thesis (M.A.) - Carleton University, 2007. / Includes bibliographical references (p. 97-103). Also available in electronic format on the Internet.

Thèse (Ph.D.)--Université de Montréal, 1998. / Comprend des réf. bibliogr.

This paper examines the plight of the incarcerated mentally ill. After a consideration of the historical factors which have contributed to the current philosophy and pattern of services throughout North America, and specifically in British Columbia, the paper reports on a qualitative study using participant observation, informal and formal interviews, and Strauss' Constant Comparative Methods which was undertaken to identify the needs of the mentally ill individuals who are serving a term of imprisonment in the Health Care Centre of the Lower Mainland Regional Correctional Centre. Altogether there were eighteen formal participants. They included six mentally ill offenders, six correctional personnel, and six health care professionals. A critical analysis of the major findings -alienation, lack of organizational commitment, and the incongruencies between our social policies and practices - provided the basis for program recommendations. The challenge lies in the building of a vision that values humane treatment for the marginal members of our society. / Arts, Faculty of / Social Work, School of / Graduate