Publications by authors named "Kenneth J Weiss"

Behaviors that would otherwise be considered criminal acts, but occur in the context of a sleep disorder, pose challenges to the traditional application of legal principles of criminal responsibility. Determining the degree to which consciousness is present during such behaviors becomes a necessary step in assigning criminal culpability. Historically, legal defense theories of unconsciousness, automatism, and insanity have been raised to negate culpability for parasomnia related behaviors.

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Citizens' deaths in police custody are sometimes attributed to "excited delirium syndrome" (ExDS). This terminology is rejected by the American Medical Association and the American Psychiatric Association. ExDS has no demonstrable pathology but has been proposed as predisposing to sudden death, thus exonerating police.

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Article Synopsis
  • All U.S. jurisdictions have laws to protect children from abuse and neglect, granting immunity to mandated reporters, like health professionals, who report suspected cases in good faith.
  • Medical child abuse (MCA), also known as Munchausen syndrome by proxy, complicates reporting due to ambiguous origins and potential caregiver deception, leading clinicians to sometimes face difficult decisions about reporting.
  • The article reviews legal cases related to good-faith reporting of MCA and finds that there have been few instances where the immunity protection for reporters has been challenged or revoked.
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In implementing the decisions in the landmark case , jurisdictions have adopted mechanisms for the involuntary medication of defendants to restore competency to stand trial. These procedures attempt to balance the liberty and privacy rights of the accused against the government's responsibility to ensure timely prosecution and fair trial. The question of which medications are most appropriate for this goal, however, remains open.

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Nostalgia and homesickness are not currently regarded as mental disorders. The psychic pain associated with longing to return home had been considered a mental disorder for centuries, especially in Europe, where it was a sign of moral weakness between nations. Nostalgia's effects on American Civil War soldiers-anxiety, depression, and sleep and appetite disturbances, for example-were described by clinicians and linked to significant morbidity and mortality.

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Sarah Jane Whiteling was accused of fatally poisoning her husband and two children in Philadelphia in 1888. The case prompted public outrage over the appearance that Ms. Whiteling's motive was to collect life insurance.

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The term "insanity" has been retired from medical nomenclature for about 100 years. Formerly interchangeable with the legal term, implying unsoundness of mind, it persists as a legal determination, mainly in criminal matters. However, the most prevalent uses of "insanity" are in colloquial speech and media.

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The 1843 verdict led to reformulation of the British criminal insanity standard, which American jurisdictions noted. In 1846, New York State tried William Freeman for slaying several members of the Van Nest family at their home near Auburn, New York. Mr.

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The right to bodily self-determination has a firm foothold in American jurisprudence and legislation. Since the early 20th century, courts have consistently upheld individuals' rights to govern their bodies, citing the constitutional right to privacy and importance of individual autonomy. After these decisions, the advance directive has become an essential way to express personal preferences after incapacity for decision-making, especially in end-of-life scenarios.

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How the law regards animals reflects cultural trends that have varied widely from antiquity to the present. This article argues that cultural views of animals have shaped laws, attitudes, and practices worldwide. Whereas ancient (biblical and Mesopotamian) practices turned on economics, medieval concepts of animal culpability aligned with Christian beliefs of the primacy of humans.

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Malingering is a medical diagnosis, but not a psychiatric disorder. The label imputes that an evaluee has intentionally engaged in false behavior or statements. By diagnosing malingering, psychiatrists pass judgment on truthfulness.

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The assessment and trial of Norwegian mass-murderer Anders Breivik, including disparate opinions about his sanity, raise questions about distinguishing "bad" from "mad." Although he was ultimately found criminally responsible, the tenacity and pervasiveness of his beliefs suggested delusional thinking. The author reflects on the difficulty psychiatrists have with nomenclature generally and on the application of imprecise classification to criminal justice.

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Hoarding, Housing, and DSM-5.

J Am Acad Psychiatry Law

December 2015

Hoarding of objects, trash, or animals has the potential to harm hoarders and others. Law enforcement and civil concerns arise, leading to situations ranging from health code violations to child abuse and potential eviction proceedings. DSM-5 included hoarding disorder among the obsessive-compulsive and related disorders.

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