Psychiatry, Psychology and Law

Psychiatry, Psychology and Law is a magazine specializing in Law topics.

Articles from Vol. 11, No. 2, November

All Care and Whose Responsibility?
This article explores an area of everyday practice in the mental health review field that involves significant tensions, not only for tribunal members making important decisions affecting the lives of people with a serious mental illness, but also...
Anger and Its Links to Violent Offending
The emotion of anger is cleary important as an antecedent for many forms of violence. In this article I describe some contemporary influential psychological ideas about the nature of anger and its links with aggressive and violent behaviour. I also...
But for the Barriers: Significant Extensions to Children's Capacity
This article focuses on children's capacity to exercise legal rights. It is argued that, undisturbed by the High Court's subsequent decision, the Family Court in B & B & Minister for Immigration and Multicultural & Indigenous Affairs [2003]...
Child and Youth Emotional Trauma: An Explanatory Model of Adverse Outcomes
Many child and youth clients of legal and mental health professionals have experienced emotional trauma. Indeed, a recent, salient traumatic event often precipitates the initial consultation, In understanding the client's presentation, an emphasis...
Court Education for Young Witnesses: Evaluation of the Pilot Service in Aotearoa, New Zealand
This article outlines the context and history of the development of the Court Education for Young Witnesses service for children who give evidence in the criminal court in New Zealand. A pilot programme in three courts was funded and implemented by...
Cross Validation of the Self-Appraisal Questionnaire (SAQ): A Tool for Assessing Violent and Nonviolent Recidivism in Australian Offenders
The aim of this study was to determine whether the Self-Appraisal Questionnaire (SAQ; Loza, 1996), a self-report measure designed to predict recidivism, which was found to be psychometrically sound with Canadian male offenders, would also be reliable...
Dimensions of Financial Competence
Whether or not someone has the ability to look after his or her own financial affairs is one of the most common problems brought before courts and tribunals in Australia. At present, there is no agreed upon objective standard for assessing financial...
Evaluation of the Independent Review of a Major Life Decision Affecting People Who Have an Intellectual Disability
The Intellectual Disability Review Panel was established to safeguard the rights of people with intellectual disability and review certain decisions about provision of services made by the Victorian Department of Human Services. Disability legislation...
Family Hardiness and Social Support as Predictors of Post-Traumatic Stress Disorder
In this study we examined the influence of post-traumatic psychosocial variables on the pathogenesis of post-traumatic stress disorder (PTSD). The referential framework of the study is based on the integration of the medical model of PTSD contained...
Getting Caught in Court: Base Rates for Malingering in Australasian Litigants
Increasingly, 'experts' wishing to give opinion based testimony in court are required to justify their judgements. Following the landmark ruling in Daubert v Merrell Dow Pharmaceuticals, the scrutiny of the courts has extended to experts' knowledge...
Graphic Evidence of Violence: The Impact on Juror Decision-Making, the Influence of Judicial Instructions and the Effect of Juror Biases
The potential prejudicial impact of graphic evidence of violence (GEV) on juror decision-making has evoked concerns for defendants' due process rights. One hundred and twenty eight student mock jurors were randomly allocated a murder trial summary...
HMAS Melbourne and HMAS Voyager: The Continuing Psychiatric Aftermath
Hill v Commonwealth of Australia [2003] NSWSC 1025 per Cripps AJ Stankowski v Commonwealth of Australia [2004] NSWSC 198 per O'Keefe J The collision between the HMAS Melbourne and the HMAS Voyager on February 10, 1964 occasioned the loss of 82...
Internet Addiction
Problematic Internet usage is currently leading to workplace reprimands and employee termination, and has also been used as a defence to criminal charges in the United States. This article discusses the concept of Internet addiction. There have been...
Pre-Emptive Imprisonment for Dangerousness in Queensland under the Dangerous Prisoners (Sexual Offenders) Act 2003: The Constitutional Issues
Unlike any other law in Australia, or as far as we have been able to research the common law world, Queensland law now authorises a court to imprison a citizen on the basis that he or she presents an 'unacceptable risk to the community'. This is not...
Psychological Evaluation of the Child's Best Interests: The Interpretation of Data in the Preparation of Child Welfare Reports in the New Zealand Family Court
Section 29a of the New, Zealand Guardianship Act (1968) makes provision for a judge in the New Zealand Family Court to commission a specialist psychological report when considering the 'best interests' of a child. The purpose of such a report is to...
Resilience, Refugees and the Rights of Children - an Immorality Play
This article discusses the legitimacy of migration laws and judicial processes that do not protect the rights of children, especially asylum-seeking detainees, as they did not protect indigenous children's rights not to be separated from their culture...
The Closing of the Coffin on Forensic Polygraph Evidence for Australia
Mallard v The Queen [2003] WASCA 296 Polygraphy has a chequered and colourful history. In New South Wales its use in criminal investigations was outlawed by the Lie Detectors Act / 983 (NSW) after an attempt to introduce such evidence in a District...
The Impact of Perpetrator Gender on Male and Female Police Officers' Perceptions of Child Sexual Abuse
Research in America, Canada and England indicates that professionals involved in the investigation of child sexual abuse cases have differing perceptions of seriousness, punishment and impact on the child, based on the professional's gender and the...
The Transformation of Regulation of Psychologists by Therapeutic Jurisprudence
Therapeutic jurisprudence has the potential to enhance sensitivity to the public health and mental health ramifications of both investigations and hearings in the disciplinary context. Its this article the authors explore the practical relevance of...