Sensory information in children's statements of sexual abuse.

The credibility of children's statements of sexual abuse is a controversial issue in forensic psychiatry and psychology. Neurobiological and clinical laboratory studies show that real memories contain more information regarding sensory details than false memories. The goal of the present field study was to evaluate whether sensory information was present in children's statements of sexual abuse, and whether this information was more often present in credible statements compared with non-credible statements. Sensory details were extracted from a sample of 96 statements of sexual abuse from children; 62 statements were considered credible and 34 statements were considered non-credible. This study showed that sensory information was present in 79% of children's reports of child sexual abuse. Sensory information was significantly more often present in statements considered credible compared with non-credible statements (85.5%, P < 0.001), but there were large variations in the sense involved. Logistic regression analysis showed that the presence of at least one sensory detail may be a good predictor of credibility (odds ratio, OR = 23.484, P < 0.05). It seems appropriate to include sensory details when assessing the credibility of children's statements of child sexual abuse, but it has not yet been demonstrated that use of such details significantly improves the validity of credibility assessments.

Eye tracking and child sexual offenders: a systematic review.

Eye tracking is used in sexology to identify attractiveness and sexual desire indirectly. This systematic review summarizes results of works that have used eye tracking to analyse paedophilic interest in order to investigate its potential as a useful forensic tool. Six studies met the inclusion criteria. Five of them concerned a large study project and used approximatively the same sample of paedophiles (inpatients), forensic patients (without a sexual interest in children) and healthy controls to make comparisons between the three groups. One study added 11 self-declared paedophiles (outpatients) for a comparison between inpatient paedophiles, outpatient paedophiles and controls (healthy and forensic inpatients). One study compared a group of child sexual offenders with non-offenders. All studies used static pictures of male and female subjects at different pubertal stages. Some studies divided every picture into a different area of interest. Dependent variables used are fixation latency (early attention) and relative fixation time, (later attention). Each study identified significant differences between the paedophile group versus other groups: shorter fixation latency on child pictures, longer fixation time on child pictures and number of fixation most important on child pictures. Two scores (age preference index and attentional control index) showed hight and/or moderate sensitivity and specificity. Although the results suggest the eye tracking can discriminate between paedophile interest and non-paedophile interest, there are too few studies on this specific topic and further research is needed with larger and different sample, carried out by different research teams. If these findings were confirmed, it remains unclear as to their impact in a forensic context when presented openly in Court.

Psychiatric Commitment: Sixty Years Under the Scrutiny of the European Court of Human Rights.

Background and Aims: In the field of mental health, the fundamental right to liberty is a point of tension between the practice of psychiatric commitment on the one hand and the universal concept of human rights on the other. The European Court of Human Rights (ECtHR) is a very specific means of safeguarding human rights because it allows an individual to not only assert their rights but also compel a state to bring its legislation into conformity with the principles of the European Convention on Human Rights. The aim of this study was to gather the case-law of the ECtHR on psychiatric commitment over the last 60 years and to determine how this case-law has affected national legislation and therefore psychiatric practice. Methods: Jurisprudence data were collected from the HUDOC ECtHR database, and the direct effects of the ECtHR judgements on the legislations of the countries concerned were collected from the HUDOC EXEC database of the Council of Europe. The case-law of the Court included 118 judgements and 56 decisions and concerned 31 of the 45 countries that have ratified the Convention. Results: This study therefore showed a direct effect of the Court's case-law on the legislation on psychiatric commitment in the various countries that have ratified the Convention. It was also possible to detect an indirect effect of this case-law through the directives of international institutions such as the directives of the Committee of Ministers of the Council of Europe concerning respect for people with mental disorders. Conclusions: The ECtHR case-law therefore has a major influence on the psychiatric practice in all Council of Europe countries.

Suicide in psychiatry and medical liability: A case series.

The suicide of a patient is a serious event that may constitute a therapeutic failure. To prevent these situations, national and international guidelines exist. When a suicide occurs in a psychiatric hospital or immediately after release, legal action may follow, most frequently for malpractice claims related to the failure to provide reasonable management of the suicide risk. In an attempt to respond to the increased anxiety in the health care system and among practitioners, we used case reports to determine the minimum medico-legal standards that the physician must follow in the context of suicide. From February 1st to May 30th, 2019, we gathered all available expert psychiatric reports following criminal prosecutions from the University Center of Legal Medicine of Geneva. We restricted the extraction of cases to those from January 1st, 2007, to May 30th, 2019. We identified 7 cases. The psychiatrist expert provided a care setting assessment, clinical/survey assessment, and suicidal risk assessment. Improper care setting assessment was the most commonly found conclusion, but the two other categories were as detrimental concerning suicidal risk. Only one psychiatrist was condemned, but the decision was revoked on appeal. The combination of our cases and a scoping review on the subject leads to the recommendation of minimum medico-legal standards to complete individualized suicide risk reduction plans. Minimal medico-legal standards should be applied and documented to optimize care practice for the reduction of suicidal risk at three different levels: the initial evaluation, the treatment, and the surveillance.

What does impartiality mean in medico-legal psychiatry? An international survey.

Medico-legal psychiatry is the field of forensic psychiatry that consists of reporting to criminal, civil and administrative authorities and testifying in courts of law. As a forensic science, medico-legal psychiatry is based on the principle of impartiality. However, the notion of impartiality is not clearly defined and can be understood in many different ways. The purpose of this study was to explore the meaning that expert psychiatrists attribute to this notion. Members of the forensic sections of the World Psychiatric Association, the European Psychiatric Association and the American Academy of Psychiatry and the Law were surveyed by e-mail using a vignette and a questionnaire. One hundred and thirty-one responses were received. When commenting on the case presented in the vignette, a large majority of respondents considered that the personal moral convictions of the doctor were the main factor likely to cast doubt on the impartiality of the expert, followed by past personal experience and the fact that the expert was the treating doctor of the examinee. In the answers to the questionnaire, 54% of participants considered that the question of impartiality was similar in both the inquisitorial and adversarial systems. Impartiality was considered by most participants as both an ethical and a legal concept. The main factors considered as likely to affect the impartiality of an expert were past personal experience, personal beliefs and perceptions, and the fact that the expert was the treating doctor of the examinee. Training in forensic psychiatry and past professional experience were considered to be the most important factors that could enhance the impartiality of an expert. When asked about their own definition, 70% of respondents defined impartiality as a choice specific to the expert, and 27% of participants defined impartiality as a result of external factors. The term 'objectivity' was used in 30% of responses. Results revealed a rather unified view of the issue of impartiality by medico-legal psychiatrists, irrespective of their country and practice conditions. The notions of honesty and striving for objectivity, which are emphasized in several guidelines of forensic psychiatry associations, were cited by many participants. Impartiality appears to be considered as a coherent concept in both normative and consequentialist ethics and represents a useful reference in the practice of medico-legal psychiatry.

Suicide Notes: Their Utility in Understanding the Motivations Behind Suicide and Preventing Future Ones.

Among the different research methods on suicide notes, the theoretical conceptual approach allows a particularly thorough understanding of the suicidal act. The present study focuses on 78 suicide notes collected in Geneva, Switzerland, between 2006 and 2014. The socio-demographic and medical data of the writers' notes were collected. The conceptual content of the notes was analyzed by two independent raters using the Leenaars method. The results showed that the concepts that appeared most frequently in the notes were: Inability to adjust, Rejection-aggression, Unbearable pain, and Ego. Very few differences were found in the conceptual content when stratified for age, gender, socio-economic status, or religion. This study confirms and complements the findings of similar studies on the content of suicide notes.

Psychiatric care without consent in France: Does the type of administrative measure chosen differ according to patients' clinical profile?

The French Mental Health Law of 5 July 2011 stipulates that psychiatric patients can be hospitalized in five different ways. Three types of admission for involuntary treatment are defined under "admission at the request of a third party". The first is "psychiatric care at the request of a third party", followed by two "exceptional" admission measures in the case of an emergency ("emergency psychiatric care at the request of a third party") and imminent danger ("psychiatric care in the case of imminent danger"). The aim of this retrospective study was to determine whether the demographic and clinical characteristics of patients involuntarily admitted to psychiatric care in a French regional teaching hospital differed according to the administrative measure enabling this type of placement. We reviewed a sample of admission medical certificates issued between 1 July 2014 and 30 June 30, 2015 at the Tours University Hospital (France) for psychiatric care without consent. We recorded the following patient characteristics. Collected data included the type of care measure, age, gender, and the presence or absence of various clinical syndromes, such as suicidal thoughts and behavioral, depressive, manic or psychotic disorders. Multivariable analysis showed that a psychotic syndrome was a risk factor for hospitalization under "exceptional" measures and a behavioral syndrome for hospitalization under "psychiatric care at the request of a third party". Several clinical profiles emerged, but suicidal thoughts did not appear to be associated with the type of measures taken. In our sample, the choice of measure applied does not appear to rely on the only clinical observation at admission, contrary to what was planned in the Law.

Schizophrenia and Criminal Responsibility: A Systematic Review.

The significant progress of psychiatry in the 20th century provided a sophisticated theoretical framework to analyze the complex relationships between crime and mental illness. Schizophrenia has been traditionally associated with severe cognitive and affective deficits that heavily influence empathy, judgment capacities, but also control of impulsiveness. Although there is an association between psychotic disorders and absence or decrease of legal responsibility, their relationship is also determined by sociodemographic, developmental, and clinical factors. These disorders are associated not only with abolished criminal responsibility but also with diminished responsibility. We conduct a systematic literature review to examine the relation between schizophrenia and criminal responsibility. We have found that this clinical entity is often associated with diminished or abolished criminal liability. We discuss these findings, focusing on the specific deficits found in patients with schizophrenia and examining how this problem affects their behavior and eventually their accountability for their crimes.

Forensic psychiatry, one subspecialty with two ethics? A systematic review.

BACKGROUND: Forensic psychiatry is a particular subspecialty within psychiatry, dedicated in applying psychiatric knowledge and psychiatric training for particular legal purposes. Given that within the scope of forensic psychiatry, a third party usually intervenes in the patient-doctor relationship, an amendment of the traditional ethical principles seems justified. RESULTS: Thus, 47 articles, two book chapters and the guidelines produced by the World Psychiatric Association, the American Association of Psychiatry and the Law, as well as by the Royal Australian and New Zealand College of psychiatrists, were analyzed. The review revealed that the ethics of correctional forensic psychiatry and those of legal forensic psychiatry do not markedly differ from each other, but they are incongruent in terms of implementation. METHODS: In an effort to better understand which ethical principles apply to forensic psychiatry, a chronological review of the literature published from 1950 to 2015 was carried out. CONCLUSION: The ethics of correctional forensic psychiatry are primarily deontological. The principle of justice translates into the principle of health care equivalence, the principle of beneficence into providing the best possible care to patients, and the principle of respect of autonomy into ensuring confidentiality and informed consent. The ethics of legal forensic psychiatry are rather consequentialist. In this latter setting, the principle of justice is mainly characterized by professionalism, the principle of beneficence by objectivity and impartiality, and the principle of respect of autonomy by informed consent. However, these two distinct fields of forensic psychiatry share in common the principle of non maleficence, defined as the non collaboration of the psychiatrist in any activity leading to inhuman and degrading treatment or to the death penalty.

A call to improve the validity of criterion-based content analysis (CBCA): Results from a field-based study including 60 children's statements of sexual abuse.

The growing awareness of sexually-abused children has led to a major shift: previously considered untrustworthy, children are now regarded as competent in providing medico-legal evidence. Professionals undertaking the challenging task of assessing the child's credibility need to rely upon approved evaluation methods. The Criteria-Based Content Analysis is a tool developed to assess the truthfulness of a child's verbal statement. This field-based study explores its validity and its limitations. Three independent experts rated the verbatim statements of 60 real-life alleged victims of sexual abuse. The CBCA scoring and final assessment of credibility were linked to the outcomes: confirmed or unconfirmed allegation of sexual abuse. Inter-rater reliability coefficient was 0.74. The average overall accuracy rate corresponding to confirmed and unconfirmed cases was 75%. Among the confirmed allegations, the accuracy rate reached 90%, whereas the probability of discriminating the true negative cases within the unconfirmed cases was lower than chance level. Of all the 19 criteria, items 6 "Reproduction of conversation" and 12 "Accounts of subjective mental state" were the strongest predictors of genuine accounts. A significant association between age and CBCA scores was noted, the effect of age on CBCA scores was strongest in the unconfirmed cases. Although some may argue that the validity of the CBCA is reasonably acceptable, results from this field study are less convincing. Increasing the diagnostic accuracy of the CBCA by adding new criteria, so as to raise the percentage of correct classifications in the confirmed accounts as well as in the unconfirmed accounts, would represent a major improvement.

Inter-rater Reliability of Criteria-Based Content Analysis of Children's Statements of Abuse.

The evaluation of children's statements of sexual abuse cases in forensic cases is critically important and must and reliable. Criteria-based content analysis (CBCA) is the main component of the statement validity assessment (SVA), which is the most frequently used approach in this setting. This study investigated the inter-rater reliability (IRR) of CBCA in a forensic context. Three independent raters evaluated the transcripts of 95 statements of sexual abuse. IRR was calculated for each criterion, total score, and overall evaluation. The IRR was variable for the criteria, with several being unsatisfactory. But high IRR was found for the total CBCA scores (Kendall's W=0.84) and for overall evaluation (Kendall's W=0.65). Despite some shortcomings, SVA remains a robust method to be used in the comprehensive evaluation of children's statements of sexual abuse in the forensic setting. However, the low IRR of some CBCA criteria could justify some technical improvements.

Medical confidentiality and the competent patient.

Confidentiality is both a fundamental principle of medical ethics and a legal obligation. In exceptional situations not covered by legal provisions, doctors may want to waive confidentiality against the wishes of the patient. Swiss law calls for an authority to rule on such cases. In the Canton of Geneva this authority is the Commission for Professional Confidentiality. This paper concerns 41 cases managed by this commission. The study shows that the majority of these requests to the Commission concern the reporting of patients who are not incompetent but need the protection of a legal guardianship. In rare cases, there is another interest higher than confidentiality: public order or functioning of justice. The Commission found that the measure requested was justified in the majority of cases brought before it. This study focuses on exceptional cases but it throws into relief the conflict between the principle of autonomy on the one hand and the need for patient protection and social justice on the other.

Mental health of young offenders in Switzerland: Recognizing psychiatric symptoms during detention.

We reviewed the medical records of the 118 adolescent detainees which had at least one consultation by a psychiatrist at the prison health facility during 2007. General practitioners used the International Classification of Primary Care (ICPC-2) for recording health problems. Psychiatrists used the International Classification of Diseases (ICD-10) for making psychiatric diagnoses. The concordance between the mental health assessment done by general practitioners using the ICPC-2 and the diagnoses proposed by psychiatrists was globally satisfying. The five most frequent ICD categories (conduct disorder, drug abuse, alcohol abuse, personality disorder, adjustment disorder) encompassed the most frequently reported ICPC-2 psychological symptoms. Several associations between psychological symptoms and socio-demographic characteristics were observed. Apart from providing a description of the mental health of adolescent detainees in one of Switzerland's largest detention centre for minors, results suggest that general practitioners can adequately identify frequent mental disorders in such contexts.

Health problems among detainees in Switzerland: a study using the ICPC-2 classification.

BACKGROUND: Little is known about the health status of prisoners in Switzerland. The aim of this study was to provide a detailed description of the health problems presented by detainees in Switzerland's largest remand prison. METHODS: In this retrospective cross-sectional study we reviewed the health records of all detainees leaving Switzerland's largest remand prison in 2007. The health problems were coded using the International Classification for Primary Care (ICPC-2). Analyses were descriptive, stratified by gender. RESULTS: A total of 2195 health records were reviewed. Mean age was 29.5 years (SD 9.5); 95% were male; 87.8% were migrants. Mean length of stay was 80 days (SD 160). Illicit drug use (40.2%) and mental health problems (32.6%) were frequent, but most of these detainees (57.6%) had more generic primary care problems, such as skin (27.0%), infectious diseases (23.5%), musculoskeletal (19.2%), injury related (18.3%), digestive (15.0%) or respiratory problems (14.0%). Furthermore, 7.9% reported exposure to violence during arrest by the police. CONCLUSION: Morbidity is high in this young, predominantly male population of detainees, in particular in relation to substance abuse. Other health problems more commonly seen in general practice are also frequent. These findings support the further development of coordinated primary care and mental health services within detention centers.

Psychiatric symptoms, psychological distress and somatic comorbidity among remand prisoners in Switzerland.

OBJECTIVE: The aims of this study were to determine the prevalence of psychiatric symptoms and complaints among remand prisoners in Switzerland and to analyze the relationships between psychiatric symptoms, physical health and substance abuse problems in this population. METHOD: The medical files of all detainees attending the prison health service in 2007 were reviewed. Identified health problems were coded using the International Classification of Primary Care (ICPC-2). Descriptive statistics and measures of association were computed. RESULTS: A total of 1510 files were analyzed. Several associations between psychological symptoms (anxiety and insomnia) and physical health problems (skin, respiratory and circulatory) were observed. Substance abuse was also frequently associated with somatic health problems. CONCLUSIONS: These data provide the first comprehensive description of the mental health of detainees in Switzerland's largest remand prison. Our findings emphasize the need for coordinated health care services in detention settings.

[New challenges in forensic psychiatry]. / Nouveaux enjeux de la psychiatrie médico-légale.

The new Swiss criminal code and the recent evolution of evaluation methods have led to change in the three main areas of forensic psychiatry: criminal responsibility, credibility of child sexual abuse allegations, and dangerousness. The assessment of criminal responsibility requires the retrospective examination of the cognitive and volitive capacities of the accused. If needed, mandatory therapeutic propositions that conform to the new criminal code must be recommended. With regard to child sexual abuse allegations, the credibility of the allegations is analysed with specific scales, such as Statement Validity Analysis, interpreted in light of the current state of knowledge in child development and child psychiatry.

Relevance and limits of the principle of "equivalence of care" in prison medicine.

The principle of "equivalence of care" in prison medicine is a principle by which prison health services are obliged to provide prisoners with care of a quality equivalent to that provided for the general public in the same country. It is cited in numerous national and international directives and recommendations. The principle of equivalence is extremely relevant from the point of view of normative ethics but requires adaptation from the point of view of applied ethics. From a clinical point of view, the principle of equivalence is often insufficient to take account of the adaptations necessary for the organization of care in a correctional setting. The principle of equivalence is cost-effective in general, but has to be overstepped to ensure the humane management of certain special cases.

Cannabis and violent crime.

We present a series of 12 cases of violent crime, which were all committed under the influence of cannabis in Geneva, Switzerland, between 1996 and 2000. The crimes were committed by eleven males and one female, with a mean age of 26 years, who were using only cannabis at the time they acted. Most of them were chronic users. Five subjects had a past psychiatric history. Five had a personality disorder. Only three had been sentenced in the past for violent acts. At the time of the aggression, all of them exhibited adverse and acute effects of cannabis. All of them were judged by the court to be partially or totally non-responsible. Three cases are presented in more detail. Our data suggests that cannabis could have a specific role in the development of violent behaviour patterns and that detection of its adverse effects should be systematic in criminal responsibility evaluation.