Psychometric Techniques

Instruments that directly index posttraumatic symptoms are successfully faked by naive and coached simulators, partly because they lack validity scales to detect malingering (Fruehetal., 2000 Liljequistetal., 1998 Morel, 1998). Accordingly, a number of psychological tests have been proposed to assist in detecting the feigning of psychological symptoms, including the Morel Emotional Numbing Test (MENT Morel, 1998), Millon Clinical Multiaxial Inventory (MCMI Grillo et al., 1994 Lees-Haley, 1992...

Capacity to Stand Trial The Early Years

In many jurisdictions it is considered unjust for someone to stand trial if they are unfit to plead or lack the capacity to stand trial. In England and Wales, the concept dates back to the fourteenth century, according to Grubin (1996) it was thought that a criminal prosecution could not proceed against someone who had not entered a plea and it was recognised that defendants could be 'mute ofmalice' (i.e. deliberately silent) or 'mute by visitation of God' ('deaf' or 'insane'). The legal...

Bullying Harassment at Work and Stress

While there is no legal framework in place dealing specifically with bullying at work, we do have legislation that deals with sexual or racial harassment. Bullying at work can be linked to sexual or racial harassment, or indeed a person's disability, so the victim could claim under the Sex Discrimination Act 1975, Race Relation Act 1996 or Disability Discrimination Act 1995. There appears to be no reason why a victim of overwork, and thereby suffering from a stress-related illness as in the...

The Behaviour of a Liar

Researchers have examined a variety of different non-verbal behaviours, including gaze aversion (looking away from the conversation partner), smiling, illustrators (hand and arm movements that accompany speech and illustrate it), self-manipulations (touching or scratching body or face, playing with own hair, playing with objects), subtle movements of hands and fingers, speech rate, pauses in speech, speech latency (period between question being asked and answer being given), speech fillers...

Downward Departure

As befits the specific emphasis of this chapter, a particularly illustrative model for exploring the limitations imposed on prospects for Restorative Justice concerns the Guidelines' treatment of mental health issues, addressing both the offender and the victim of the offense. Tellingly, the Guidelines only consider mental health factors in the context of a departure from the applicable guideline range. Addressing offender mental health issues first, 'diminished capacity' provides an...

References

Diagnostic and statistical manual of mental disorders (4th edn DSM-IV). Washington, DC American Psychiatric Association. Audit Commission (2001). A change of direction Managing changes in local probation areas. London HMSO. Bar On, R., Brown, J.M., Kirkcaldy, B.D. and Thome, E.P. (1999). Emotional expression and implications for occupational stress an application of the Emotional Quotient Inventory (EQ-I). Personality and Individual Differences, 28, 1107-1118. Briner, R. (1997)....

Legal Remedies as a Result of Being Involved in a Single Life Threatening Situation

In the absence of specific legislation relating to a possible claim for PTSD which the employee alleges was caused while at work, we must turn to the common law for assistance. The tort of negligence is essentially concerned with compensating people who suffer from the careless acts (or sometimes omissions) of others. It does not provide a remedy, however, for everyone who suffers loss. Negligence liability will only arise where the law provides that the defendant owed the claimant a duty of...

What Constitutes Capacity to Consent to Sexual Relationships

Precisely what constitutes capacity to consent to sexual activity is unclear in many jurisdictions, even though the definition of capacity is crucial in establishing a balance between a proper empowerment to exercise sexual rights and effective protection from abuse. Clearly, the higher the requirement for knowledge and understanding, the better protection from abuse but the more that people with a 'mental disorder' may be prevented from exercising their sexual rights. In most European...

Crime Prevention And The Individual

An early attempt to prevent delinquency was the Cambridge-Somerville Youth Study of the 1940s. Boys aged 5 to 13, who were 'difficult' or 'average' in their social behaviour, received personal and social counselling for an average of five years. However, at follow-up after 30 years there were no differences between this group and those who had not received the intervention in terms of adult criminal history, with many of the experimental group having committed two or more crimes McCord, 1978 ....

The Influence of Litigation

A very common issue in litigation proceedings is the extent to which the litigation procedure influences symptoms or symptom reporting. In the case of PTSD, there is a long tradition of attributing reported symptoms to 'compensation neurosis'. After World War I, authorities perceived that compensation for shell shock contributed to the persistence of symptoms after the war Bonhoeffer, 1926 . As a result, The National Health Insurance Act in 1926 precluding traumatic neurosis as a compensable...