Objective: This case report aims to discuss the diagnosis of mental retardation as insanity defence in a crime offender. Methods: We report a gentleman who committed murder and rape 9 years ago, and currently being treated at a mental institution. Results: Patient was certified to have mental retardation, and was pleaded on the defence of unsoundness of mind because he had defect of reason at the time of alleged offence. Conclusion: Mental retardation does fulfil the McNaughton’s rule. Unsoundness of mind becomes the insanity defence even for murder under section 84 of the Penal Code.
Crime ; Intellectual Disability ; Insanity Defense

OBJECTIVE: To analyze the difference between the cognitive and control ability and the responsibility in forensic psychiatry evaluation. METHODS: To compare the results of the responsibility evaluation from 2001.1 to 2006.10 (the first period) with that of the cognitive and control ability evaluation from 2006.11 to 2010.10 (the second period). The admissibility opinions on court judgment and evaluation were investigated by return visit. The legal professions' opinions on forensic psychiatric issues from the police office, the procuratorate, the court, and the judiciary were investigated. RESULTS: There was no significant difference of the criminal types between two periods (P > 0.05). There was significant difference of the diagnostic types between two periods (P < 0.05). The proportion of normal range and part loss of the cognitive and control ability in the second period were higher than that in the first period, but the proportion of complete loss of the cognitive and control ability in the second period was lower than that in the first period (P < 0.05). Among the legal professions, 70.5% of them thought that "the evaluation of cognitive and control ability" was different from "the evaluation of criminal responsibility" and 94.9% of them thought that "to confirm the influence of the forensic psychiatric evaluation of mental disorder on the crime behavior" or "to assess of cognitive and control ability" met requirements of normative judicial expertise. CONCLUSION The evaluation of cognitive and control ability is more aligned with legal requirements and behavioral norms of own subject than the evaluation of responsibility.
Crime/psychology* ; Expert Testimony ; Forensic Psychiatry ; Humans ; Insanity Defense ; Mental Competency ; Mental Disorders/psychology*

OBJECTIVE: To study general rule existed in identification of limited capacity for duties in schizophrenia and put forward some recommendations to the related issues. METHODS: The data of 31 cases were analyzed based on essential items in identification of limited capacity for duties in Schizophrenia in order to obtain the contribution rate of major variables. RESULTS: It showed that the contribution rate of from variable 1 to variable 6 was 18.785%, 15.549%, 14.023%, 10.347%, 9.437% and 7.923% respectively, in which the variable 1 reflecting patient's recognition of dangerous act was the most important of all variables. CONCLUSION The limited capacity for duties in Schizophrenia could be divided into three grades.
Adolescent ; Adult ; Criminal Law/methods* ; Female ; Forensic Medicine ; Humans ; Insanity Defense ; Male ; Middle Aged ; Neuropsychological Tests ; Recognition, Psychology ; Schizophrenic Psychology ; Social Behavior ; Social Perception

OBJECTIVE: To seek and ascertain indicators that can be used in the civil competence assessment of the mental disorders involved in compensation of personal injury. METHODS: A retrospective study was made on the data related to the interviewee's mental status assessed by forensic experts during the period from 2003 to 2005 in Institute of Forensic Science, Ministry of Justice, P.R.China. The 6 indicators, including awareness of situation, factual understanding of issues, appreciation of likely consequences, rational manipulation of information, functioning in one's own environment, and communication of choice, were graded and statistically analyzed using SPSS 11.5 software. RESULTS: The 6 indicators correlated well with the assessment of forensic experts ,with the related coefficient between 0.632 and 0.876, and the inter-related coefficient among the 6 indicators between 0.575 and 0.911. CONCLUSION The 6 indicators could be used for the civil competence assessment and may also be taken as the basis for further standardization and quantification of civil competence.
Antisocial Personality Disorder/diagnosis* ; Compensation and Redress/legislation & jurisprudence* ; Expert Testimony/legislation & jurisprudence* ; Forensic Psychiatry ; Humans ; Insanity Defense ; Mental Competency/legislation & jurisprudence* ; Psychotic Disorders/diagnosis* ; Wounds and Injuries/economics*

Competency to stand trial relates directly to legal rights of the appraised individual as well as whether criminal procedure can be carried out smoothly. Foreign scholars have conducted a large number of theoretical researches, and developed a series of standardized evaluation tools. However, the assessment on competency to stand trial has mainly focused on medical criteria in China for a long time, and most cases were judged by forensic psychiatrists' experience. Recently, Chinese scholars have started the initial research on standardized evaluation. This paper reviews the notion of competency to stand trial, the evaluation criteria, and the assessment tools domestically and abroad. The main focus is on foreign assessment tools, which included three categories. First category includes checklist, self-report questionnaires and sentence-completion tasks. Second category is the interview-based instruments without criterion-based scoring. Last category is the interview-based instruments with criterion-based scoring. This literature may be helpful for further research and standardization on assessment tools of competency to stand trial of mentally disordered offenders.
Crime/psychology* ; Criminal Law/legislation & jurisprudence* ; Criminals/psychology* ; Forensic Psychiatry/standards* ; Humans ; Insanity Defense ; Mental Competency/psychology* ; Mental Disorders/psychology* ; Psychiatric Status Rating Scales ; Psychological Tests ; Reference Standards ; Reproducibility of Results ; Surveys and Questionnaires