This study aims to characterize people with dementia who were charged with criminal offences between 1995 and 2020 and describe their offending. Court cases were derived from Australian legal databases and descriptive data were manually extracted from case reports. Of 62 people variously charged with homicide, assault, child sexual assault, breach of conditions, property and larceny offences, driving offences, perverting the course of justice and arson, 46 were identified as having executive dysfunction, either as stated by medical expert witnesses or implicitly, due to conditions like Huntington's disease and frontotemporal dementia. Offending history was found to differ depending on offence type and dementia type. Executive dysfunction appears to underly offending in the sample; furthermore, some disease factors may combine to 'inhibit' or 'permit' offending. Permitting factors include executive dysfunction and younger age at time of offending; inhibitory factors include dementia-related impacts on mobility, memory and reaction speed.

There is a spotlight on mental health, with government initiatives in Australia highlighting the importance of, and need for, greater focus on psychological wellbeing and on addressing psychosocial hazards at work. The growing body of evidence in Australia and internationally suggests that the mental health and wellbeing of lawyers is adversely affected by their work. This cross-disciplinary evidence highlights the need for mental health concerns to be addressed systemically to prevent psychosocial injury and for tailored, proactive psychological support services in the legal environment. In this article we present evidence derived from qualitative interviews with Victorian personal injury lawyers, which form part of a broader study of lawyers and mediators engaged in emotion-laden work. This study aimed to ascertain to what extent the legal system considers the emotional wellbeing and mental health needs of personal injury disputants, lawyers and mediators, identify ways to reduce stigma associated with help seeking and inform proactive prevention initiatives and tailored support services. Findings from this build on past research and continue to highlight themes around stigma, vicarious trauma and collegial support and call attention to the psychological impact of legal practice on Australian lawyers. From this, preventative measures can be developed and implemented to avoid psychosocial injury and provide much-needed specialised support services.

This article explores the stress, vicarious trauma, and burnout experienced by judicial officers and their need for protective skills. Compassion is one skill that can be incredibly beneficial. Compassion involves recognising a person's suffering, and 'turning towards' the sufferer. This has been said to be 'neurologically rejuvenating'. In contrast, empathy alone can lead to distress and generate burnout. There are three pillars of compassionate practice: (1) procedural fairness; (2) judicial engagement; and (3) other therapeutic jurisprudence approaches and court programs. The authors, both experienced judicial officers, have experienced how compassionate practice can inspire offenders to achieve rehabilitation goals. These practices can also be implemented in traditional court lists by judicial officers acknowledging the possibility of suffering of court users and empowering them by judicial engagement and granting them agency. A compassionate approach to justice can improve judicial effectiveness, health, and the fostering of a healthy work environment.

Judicial bullying has received increased attention in Australia in the past decade. Traditional attitudes that dismissed judicial bullying as a rite of passage have been superseded by recognition about the negative impact it has on lawyers' mental health and wellbeing. In interviews about wellbeing and burnout with lawyers in five Australian jurisdictions, judicial bullying was identified as having a significant role in lawyers' mental health and careers. This research affirms current formal steps being undertaken in Victoria to address judicial bullying, but also emphasises the informal mechanisms employed by lawyers to mitigate the risk and reduce the impact of judicial bullying.

A recent decision reveals how a New Zealand's disciplinary tribunal promoted justice for an unwell lawyer in a case of professional misconduct. In 2023, the Lawyers and Conveyancers Disciplinary Tribunal (LCDT) applied a 'merciful approach' when assessing the lawyer's misconduct and health issues. In [2023], the LCDT discussed the impacts of reproductive treatment in relation to the practitioner's conduct. This decision is the foundation to compare the disciplinary regime for legal and health practitioners in New Zealand. The article outlines New Zealand's framework for discipline of lawyers, noting the absence of a health pathway. The article discusses opportunities to resolve cases involving impaired lawyers outside the disciplinary system, including benefits and disadvantages of mandatory reporting. While focusing on the legal profession, the discussion is relevant to other professions and examines health-promoting regulatory strategies from other jurisdictions.

Despite the growing population of women in Australian prisons, limited research has explored whether commonly used risk assessments - predominantly developed and tested on men - are valid for women. We investigated the discriminative and predictive validity of the Level of Service Inventory-Revised: Screening Version (LSI-R:SV), Level of Service/Risk, Need, Responsivity (LS/RNR), and the Historical, Clinical, Risk Management 20-Version 3 (HCR-20) for Victorian women imprisoned for serious violence (N = 79). The LS/RNR was related to any, violent, and non-violent recidivism, and both the LSI-R:SV and the H-Scale of the HCR-20 were related to violent recidivism, with the H-Scale demonstrating strong predictive validity for violence. Four LS/RNR needs domains demonstrated discriminative and predictive validity for any and/or violent recidivism (criminal history, family/marital, alcohol/drug problem, antisocial pattern). Findings are locally significant, showing that the LS/RNR and HCR-20 H-Scale are useful for the prediction and discrimination of recidivism for Australian women incarcerated for serious violence.

The term 'vicarious trauma' refers to a range of cumulative and harmful effects from exposure to the trauma of others and is now recognised as a category of causation in the diagnostic criteria of post-traumatic stress disorder. Legal practitioners may be exposed to the risk of harm from vicarious trauma in a number of occupational contexts. This article reviews recent case authority, including a 2023 prosecution of Court Services Victoria for failing to provide a safe workplace in the Coroners Court of Victoria and the High Court decision in (2022) and the Victoria Court of Appeal decision in (2022). It considers measures that should be taken to provide a workplace for both legal practitioners and judicial officers that is as safe and without risks to health as is reasonably practicable.

This qualitative study explores the emotional and social experiences of 10 children, aged 6-11, residing in foster care before adoption for almost three years. Through semi-structured interviews, the study underlined the needs and expectations of these children, highlighting the necessity for a deeper reflection on the role of foster homes as nurturing and educational communities. The study emphasizes the significance of foster homes in meeting children's autonomy and affection needs, both crucial for overall development. The study reveals that fostering independence and self-determination is essential for children's growth, while emotional support and expressions of love create a warm and caring environment where children feel secure and cherished.

We study the effect of the Scottish three-verdict system (guilty, not guilty, not proven) and the Anglo-American two-verdict system (guilty, not guilty) on juror decisions by combining data sets from 10 mock trials reported in suitable studies. A logistic regression with random effects uses the exact number of convictions and acquittals in 10 mock trials from a total of 1778 jurors to reliably estimate the effect of verdict system. We found a statistically significant verdict effect suggesting that the odds for a conviction by a juror are about 0.6 times or 40% lower under the three-verdict system than under a conventional two-verdict system. Possible explanations and implications of this verdict effect are discussed. This finding helps to better understand juror decision making in the context of the current reform of the Scottish three-verdict system into a two-verdict system.

Numerous qualitative studies report South Asian migrants use police as a last resort for family violence (FV), however no quantitative evidence exists in Australia. This study examines police-reported FV recorded by Victorian police between September 2019 and February 2020 ( = 32,450) and compares reports made by South Asian-born (SAB) Australians to Australian-born (AB) Australians. Demographics, incidence and revictimisation rates, severity, frequency of risk and vulnerability factors (e.g. isolation & visa dependency) reported by the two groups were examined. More females were affected family members (AFMs) for both groups; however, SAB males were more likely to report non-partner FV. SAB AFMs reported a lower incidence rate and occurrence of revictimisation than AB AFMs. There were no significant differences in the level of severity (based on charges at time of incident); however, significantly higher number of risk factors were present for SABs reporting intimate partner violence. Mixed results emerged in the frequency of factors.

The case of (1843) laid out the insanity defence test for the British legal system. Later, many countries basing their criminal legislation on the British common law system, including the Criminal Act of Kuwait, adopted the test. The Act forms the basis for forensic psychiatric assessments. Several countries amended their criminal laws to provide a better balance between public safety and human rights protection. However, the Criminal Act of Kuwait remains unchanged for offenders with mental illness since its enactment in the early 1960s, with several gaps concerning the detention mechanisms and the discharge of such offenders. However the Kuwait Mental Health Law (2019) eventually filled these gaps. This paper describes the function of forensic mental health services in Kuwait, discusses and compares the Criminal Act of Kuwait with other nations' criminal laws and describes the forensic section of the Kuwait Mental Health Law (2019).

This article presents the findings of a historical, qualitative thematic analysis of archival clinical records of 24 men convicted of child sexual abuse and referred for civil commitment to the Massachusetts Treatment Center between 1959 and 1984. Drawing on the perspective of Cicourel, the study examined the differential ways men convicted of child sexual abuse were constructed by various criminal justice actors based on the gender of their victims. Overall, the study found that men with male victims were constructed as more deviant than men with female victims. The study's findings thus contribute to the research literature on the historical pathologisation and criminalisation of homosexuality.

It is accepted all over the world that children whose biological, psychological, cognitive, moral and social development processes are ongoing and whose value judgments are not sufficiently developed should not be punished or that punishment reductions should be applied. This study retrospectively analyzed the variables in a Turkish sample of 315 cases in which the criminal responsibility of children (83.5% boys and 16.5% girls) was determined using forensic psychiatric evaluation. The most common types of offense were theft (33.7%) and injury (31.1%). It was determined that the children involved in theft offenses were more often boys whose families were low income and broken, and that these children were more likely to commit offenses again. The characteristics of juvenile delinquents can be used in social studies to aid with preventing the involvement of children in criminal offenses, and supportive and protective measures should be taken to assist these vulnerable children.

There is considerable variability in fitness to stand trial (FST) findings between assessors, which may potentially influence the courts' decisions for defendants with intellectual disability (ID). This study aims to determine the influence of the defendant's intelligence quotient (IQ) score and the assessor's professional discipline on FST findings and court outcomes for ID defendants in Aotearoa New Zealand. This study included 146 defendants with ID who were assessed between 2005 and 2015. Study findings revealed that psychologists find defendants unfit to stand trial at a higher IQ score than psychiatrists. Notwithstanding, there was a general agreement between the professions regarding the defendant's fitness to stand trial. Furthermore, the assessor's discipline did not appear to unduly influence the court's decision on fitness to stand trial. NZ court cases are discussed to highlight the issues with mild to moderate ID defendants previously found fit to stand trial.

While research has shown that wearing a disguise hinders lineup identifications, less is known about how to conduct lineups in cases of disguised perpetrators. We examined the influence of surgical masks, worn during a crime event (encoding) and within lineups (retrieval), on eyewitness identification accuracy. In our experiment, 452 participants watched a mock-crime video and identified the perpetrator from either a target-present or a target-absent simultaneous lineup. Contrary to expectations based on the encoding specificity principle, we did not find that matching the presence of masks in the lineup to the encoding condition increased identification accuracy. Instead, compared to the condition with no masks at encoding and retrieval, the presence of masks at either stage negatively affected discriminability and undermined the predictive utility of confidence and decision time. Our findings indicate that when a witness has encountered a masked perpetrator, presenting them with a masked lineup may not be necessary.

Fetal alcohol spectrum disorder (FASD) is a developmental disability that can cause difficulties with communication, emotional regulation and executive function, making people with FASD vulnerable to adverse involvement within the criminal justice system. Justice professionals' knowledge and attitudes of FASD is critical to identifying appropriate responses, management and sentencing in the justice system. This research aims to understand the FASD knowledge, attitudes and practices among lawyers working in the justice sector in Aotearoa, New Zealand. We conducted an online survey on the awareness, knowledge and beliefs of FASD, experience and professional practice with FASD of justice professionals working in the justice sector in New Zealand. Of the 56 participants, most were lawyers. All participants were aware of FASD but had gaps in their knowledge and few felt well prepared to support someone with FASD. There is a need to develop policies, training and support for lawyers, around FASD.

This study aims to test the psychometric properties of the Violent Risk Scale (VRS) in a sample of Portuguese remand prisoners. A total of 133 subjects participated in the present study. We carried out a Confirmatory Factor Analysis (CFA) to test the originally proposed two factor structure. Results showed evidence to support the VRS's psychometric qualities. The CFA tested the two-factor structure and showed evidence of the goodness of fit of the original two-factor model. Also, our findings indicated acceptable internal consistency for both subscales. The correlational analyses supported both convergent and discriminant validity of the VRS. Finally, this study also tested known-groups validity. The VRS score showed a satisfactory postdictive accuracy, which means that it is able to demonstrate distinctive scores for groups known to vary on the variables being measured. We consider this work represents an essential support for decision-makers to evaluate the appropriateness of different judicial measures.

Deliberate firesetting is a prevalent issue. While a number of psychological treatment needs have been identified for adults who set fires, their association with multiple firesetting has received limited attention. This study examined whether demographics, offence histories, firesetting behaviours and psychometric assessments of psychological vulnerabilities hypothesised to be associated with firesetting discriminate between adults who have set only one fire and those who have set multiple fires. Participants (N =128) were recruited from prisons and categorised according to whether they self-reported having set only a single fire (n = 60) or multiple fires (n = 68) as an adult. Our findings provide evidence that identification with fire, antisocial attitudes and anger-related cognition and arousal are associated with multiple firesetting, and therefore represent key treatment targets for interventions. Furthermore, a history of setting fires within prison was the largest unique predictor of multiple firesetting (odds ratio, OR = 6.83), highlighting the urgent need for research on institutional firesetting.

Introduction of evidence relating to the now-discredited behavioural-science syndrome known as 'child sexual abuse accommodation syndrome' in demonstrates the danger of syndrome reasoning in judicial fact finding. Comparable syndrome evidence is still used in the Family Court in the form of 'parental alienation syndrome'. should sound the death knell for all forensic applications of unreliable syndrome reasoning in the courts.

Young people who engage in sexually abusive behaviour account for a substantial number of sexual offences worldwide. Despite this, a limited body of work has explored the optimal pathways into treatment for these young people. This is an important question to explore given the iatrogenic effects of receiving treatment following incarceration and burgeoning legislative frameworks focusing on the diversion of youth who sexually offend. In Victoria, Australia, Therapeutic Treatment Orders were introduced to mandate young people with sexually abusive behaviours to community-based treatment without undergoing formal criminal justice processes. It is possible this unique treatment pathway helps overcome several limitations associated with traditional pathways. This article reviews existing research on pathways to treatment for young people who engage in sexually abusive behaviour before detailing Therapeutic Treatment Orders, and the role they may play in unionising criminal justice and diversion treatment frameworks. Considerations for future research are also explored.

There is growing evidence that judges and magistrates experience both high stress and high satisfaction in their work; however, the subjective experience of judicial stress and the cultural and professional factors shaping that experience remain largely unexamined. This qualitative study builds upon earlier quantitative research with the Australian judiciary, by exploring judges' and magistrates' perceptions of the sources and impacts of judicial stress and their ideas for court responses. Thematic analysis of 59 in-depth interviews with judicial officers from five Australian courts revealed eight themes pertaining to the better understanding and management of occupational stress within the judiciary. Implications for courts and individual judicial officers are discussed.

In New Zealand in 1985, Mr Alan Hall was convicted of murdering Arthur Easton and spent more than 19 years in prison. He was finally acquitted by the Supreme Court in 2022. In 2019, Mr Hall was diagnosed with autism spectrum disorder (ASD). There are a number of aspects of Mr Hall's investigative interviews conducted prior to his conviction in 1985 - the questions posed to him and his responses to these - which could be interpreted as being evidence of evasiveness, remorse, lack of empathy and guilt by both the investigating interviewer and the jury and judge when the evidence from this interview was later presented in court. This article discusses how the police approach to interviewing and Alan Hall's ASD were the catalysts for a tainted investigation, prosecution and conviction. The Crown now accepts that a substantial miscarriage of justice occurred in Mr Hall's case.

There is developing, yet strong, evidence that judicial officers are seriously affected by exposure to traumatic material. The risk and prevalence of psychiatric injury to judges is now increasingly recognised. In the light of growing recognition by the High Court of Australia of the likelihood of psychiatric harm arising in people whose work exposes them to traumatic material in (''), we investigate through legal analysis the possibility that judicial officers may be entitled to compensation for such harm. This might seem straightforward after the High Court decided in that the State was liable in negligence for trauma-related psychiatric injury to an employee lawyer caused in the court-related work environment. We argue in this article that, while there are strong arguments which support liability in negligence for judicial officers as non-employees, nevertheless such claims will be complex and will face a range of hurdles and barriers including those arising from judicial independence and judicial immunity.

Attention deficit/hyperactivity disorder (ADHD) is overrepresented in prison populations globally. Although pharmacological treatment has generally been demonstrated to be an effective tool for managing ADHD symptoms in the general population, it remains controversial in the prison context. This is primarily due to concerns about the diversion and abuse of medication. To evaluate the impact of pharmacological ADHD treatment for adults who are or have been in prison, a narrative literature review was completed and seven international studies were identified. Further research into the use of stimulant medication in prisons, particularly within the Australian context, is recommended.

Non-judicial court personnel, critical to a well-functioning justice system, experience overloaded dockets and the responsibility of making significant decisions, contributing to cognitive stress. Understanding and mitigating their stress is essential for maintaining judicial efficiency. We adapted Miller and Richardson's Model of Judicial Stress to assess stress in a broad sample of non-judicial court personnel ( = 122), including judges, lawyers, and administrative staff. Participants responded to surveys about their stress levels, job performance, and health; they also completed cognitive performance tasks. The findings indicated that stress negatively affected employee outcomes including cognitive performance, job performance, job satisfaction, and health outcomes. Notably, perceived job performance had declined compared to the previous year, suggesting that the pandemic was an additional significant stressor. Based on the data, the Model of Judicial Stress is also applicable to other types of courtroom personnel, underlining its relevance across various judicial roles.

This experiment explored the influence of facial attractiveness and trustworthiness on guilty judgments. We recruited 128 participants, randomly assigned to high and low time pressure conditions to act as judges in a simulated case. Participants judged nine male faces from the Chicago Face Database with three attractiveness levels (unattractive, neutral and attractive), featuring a 2 × 3 mixed factorial design, with consistent standardized average levels of face trustworthiness. We also assessed participants' self-reported processing styles (rational vs. experiential) using the Rational Experiential Inventory. Notably, participants predominantly judged unattractive faces as innocent, indicating an . Our results suggest the primacy of perceived face trustworthiness over attractiveness in guilt judgments for cases where the accused's physical appearance might facilitate the crime's success. This highlights the importance of examining the contribution of perceived trustworthiness to guilt judgment biases, and adds to growing evidence exploring extrajudicial factors in criminal verdicts.

Legal sector organisations face mounting pressure to protect and promote lawyers' well-being. However, knowledge is fragmented, hindering research and practice development. Our review investigated current conceptual understanding and empirical evidence of contextual influences. We systematically mapped the global scholarly and grey literature published since 1970, reviewing 145 relevant publications. Lawyers' well-being is conceptualised primarily as , despite well-being's positive facets. Empirical consideration of work context is mostly absent, though we deduce a focus on large commercial law firm practice and public service/legal aid. Our explanatory synthesis is abductive, coalescing Bourdieu's concepts of field and habitus with Hobfoll's conservation of resources theory to explain how context influences lawyers' well-being via distinct resource losses. We urge theoretical development to elucidate the role of context and theory-driven research on the cumulative effects of resource loss and gain. Recommendations for practice include a renewed focus on job design and line management upskilling.

Many psychiatrists in Turkey participate in evaluating health board reports regarding gun licensing in their daily practice. There is no relevant study on the experiences of psychiatrists in this process. In addition, there is no other country where psychiatrists participate in the gun licensing process as in Turkey. In this context, the psychiatrists' relevant experiences, their views on their roles in this process and their understanding of the ethical dimension are considered important issues. To investigate the experiences of psychiatrists, a qualitative study has been conducted. The study included 19 psychiatrists who actively participated in evaluating gun license reports. Taking part in the gun license report process for psychiatrists is a highly challenging experience professionally, morally and emotionally. Psychiatrists resort to various functional and dysfunctional strategies to address problems in this process. However, there are structural and general solutions suggested for the future.

Lawyers experience disproportionately high levels of poor mental health outcomes compared to other professions. This persistent problem can be explained, at least in part, by the fact that current initiatives are not adequately addressing the impact of trauma (from clients and lawyers). The legal profession is yet to embrace trauma-informed practice in the same way other human services have. In this qualitative study, 6 lawyers from Legal Aid describe what trauma-informed practice would ideally look like in their workplace. Many of the recommendations made by the participants such as training for staff, reduction in workloads, mental health leave, supervision, reflective practice, and debriefing are echoed in the literature. However, participants added valuable details about what service provision for clients, and the role of managers in bringing about change. The study provides employers with practical strategies to implement trauma-informed practice and manage the impact of trauma on their lawyers.

Often, when an offender is sentenced their family and friends find themselves in a state of uncertainty. At this point, family and friends of prisoners need support and often find themselves alone to navigate and learn the correctional system to gain visitation approval. It is unknown how people new to visitation learns the rules and processes of prison visits to gain visitation access. This study explores 21 prison visitors' information-seeking behaviour to understanding how people new to prison visitation learns to navigate the system to obtain visitation approval and identify any factors that might imped their ability to information-seek, thus delaying or preventing visitation. Using Flexible Pattern Matching Analysis we identified five factors that can occur prior to individual's need to information-seek, and one key factor that was common during the visit experience that can impact peoples 'ability to information seek'. Implications for prison visitation policy and practice are discussed.