Schizophrenia is the most common in forensic psychiatry. The motive, the style and the consequence of any schizophrene's misdeed have its own particularity. So schizophrenia is significant in the forensic practice. The characteristics of schizophrene's misdeed and the peace breaker's responsibility, competence to stand trial and to serve a sentence werereviewed.
Crime/psychology* ; Expert Testimony/standards* ; Forensic Psychiatry/standards* ; Humans ; Liability, Legal ; Mental Competency/legislation & jurisprudence* ; Schizophrenia

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*

In recent years, mental disability estimation are more than ever in the practice of forensic psychiatric expertise. The standards about mental disability estimation in the Disability Evaluation Criteria of Traffic Accident Injury are ambiguous and difficult to operate, it cause to different understanding in one case. This article discuss some common questions through 3 aspects in mental disability expertise according to some typical cases, there are the first, we should compare the IQ score before and after injurious in intelligence estimate. The second, the mental disability estimation should be done at least one year after the end of medicine treatment. The third, mental estimate scale should be used in mental disability estimation.
Accidents, Traffic ; Adolescent ; Craniocerebral Trauma/psychology* ; Disability Evaluation ; Expert Testimony/standards* ; Female ; Forensic Psychiatry/legislation & jurisprudence* ; Humans ; Intelligence ; Male ; Persons with Mental Disabilities ; Wechsler Scales ; Young Adult

OBJECTIVE: To determine the best time for assessing mental disability due to brain damage. METHODS: Ninety-three mental disabilities due to brain damage in traffic accidents were assessed and their follow-up studies were taken in different period after the brain injury: 3 months, 6 months, 9 months and 12 months. The patients' brain imaging, electroencephalogram (EEG) and detailed medical history were collected. Then to interview the patients' family members and to assess the patients' mental conditions with Wechsler Adult Intelligence Scale (WAIS), Social Disability Screening Schedule (SDSS), and Activity of Daily Living Scale (ADL). Diagnosis and disability assessments were based on all of the above information. RESULTS: ADL and SDSS had good distinction between different levels of disability and different time. The overall sample demonstrated that there was no statistically significant difference between patients' ADL and SDSS averages in 9 and 12 months. For mild disability, there was no statistically significant difference between ADL and SDSS averages in 6, 9 and 12 months. For moderate disability, there was no statistically significant difference between ADL and SDSS in 9 and 12 months. And there was no statistically significant difference between ADL and SDSS averages in 6, 9 and 12 months for severe disability. CONCLUSION For mild disability, it is recommended to assess the mental disability 6 months after the injury, for moderate disability, it is 9 months. The statistics data recommended that the best assessment time for severe disability is 6 months after injury. However, our comprehensive analysis concludes that the suitable time is 9 months after injury.
Accidents, Traffic ; Adult ; Brain Injuries/complications* ; Disability Evaluation ; Expert Testimony/legislation & jurisprudence* ; Female ; Forensic Psychiatry ; Humans ; Male ; Mental Disorders/etiology* ; Middle Aged ; Time Factors

OBJECTIVE: To search the criteria for evaluating the civil competence of the mental disorders involved in contract dispute. METHODS: Data on the interviewee's mental status and the forensic expertise were collected retrospectively. And 6 indexes were selected and graded: 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. All of the data were analyzed by SPSS. RESULTS: Fifty six cases were included and interviewee's civil competence was graded to three levels: full civil competence, diminished civil competence, and no civil competence. These cases included two types of contract: the real estate related contract (38 cases) and the labor related contract (14 cases). All of the 6 indexes were well correlated to the forensic expertise. The related coefficient was from 0.703 to 0.834, and the interrelated coefficient of the 6 items was also high, from 0.712 to 0.877. CONCLUSION It is feasible to divide the civil competence of the mental disorders into three grades. As the basis, these 6 indexes mentioned above are representative and can be applied in further standardized and quantified assessment of civil competence.
Contract Services/legislation & jurisprudence* ; Dissent and Disputes ; Expert Testimony ; Female ; Forensic Psychiatry ; Humans ; Informed Consent ; Male ; Mental Competency/psychology* ; Mental Disorders/psychology*

Testamentary capacity is one of the civil competences, it means that a natural person enjoys the capacity or qualification to establish testament and deal with his property. Recently, the cases of testamentary capacity assessment of the mentally disordered are increasing. This article firstly introduces the concepts of the testament as well as the testamentary capacity, and then summarizes the assessment standard of the testamentary capacity, by using the Banks v. Goodfellow case as a basis to make the standard criteria including: the understanding of the nature of a will and codicil, the knowledge of the general extent of one's assets, the knowledge of the natural object of one's bounty, the understanding of the impact of the distribution of the assets of the estate, and the absence of a delusion specifically affecting the distribution of the estate. The impact factors of the testamentary capacity, including dementia, mood disorder, schizophrenia, alcohol, drug, and undue influence, etc., are summarized. Lastly, the related assessment tools such as the Mini-Mental State Examination, the Clock-Drawing Test, and the Testament Definition Scale are introduced briefly.
Alcoholism/psychology* ; Dementia/psychology* ; Expert Testimony/standards* ; Forensic Psychiatry ; Humans ; Mental Competency/standards* ; Mental Disorders/psychology* ; Mental Status Schedule ; Wills/legislation & jurisprudence*

Criminal responsibility is divided into three types: full criminal responsibility, diminished criminal responsibility and criminal irresponsibility in China. In forensic psychiatric expertise, doctors often have different opinions about the responsibility in a given case because of lacking objective criteria. The evaluation of criminal responsibility is always unresolved problem in forensic psychiatric expertise. Application of these evaluation tools in forensic psychiatric expertise were reviewed in this article. The value of the tools were still controversial in the reliability and validity, but it is clear that these tools have the positive roles in ensuring the standardization and the uniformity of the forensic investigation.
Crime/psychology* ; Expert Testimony/legislation & jurisprudence* ; Forensic Psychiatry ; Humans ; Liability, Legal ; Mental Competency ; Mental Disorders/psychology* ; Psychiatric Status Rating Scales ; Social Responsibility

OBJECTIVE: To explore the current situation and tendency of the forensic psychiatric examination of the cases of labor disputes. METHODS: This study reviewed 156 cases examined during the period of 1990-2001, analyzing some related factors. RESULTS: It was shown that most of these cases were related to the termination and interruption of labor contracts, while the quantity of cases related to labor pay increased considerably. The intervals between the beginnings of disputes to examinations were prolonged, while 69.2% of the intervals were within 12 months. 91.2% conclusions of the examinations were consistent with the diagnosis of psychiatric history. The rates of limited civil capability and incapability were 23.1% and 52.6%. CONCLUSION The quantity, type and interval of the cases of labor disputes were changing greatly during recent years. More attention should be paid to this kind of cases.
Adolescent ; Adult ; Aged ; Collective Bargaining/legislation & jurisprudence* ; Expert Testimony/legislation & jurisprudence* ; Female ; Forensic Psychiatry ; Humans ; Intellectual Disability/diagnosis* ; Male ; Mental Disorders/diagnosis* ; Middle Aged ; Retrospective Studies ; Schizophrenia/diagnosis* ; Schizophrenia, Paranoid/diagnosis*

OBJECTIVE: To study different viewpoints to the conclusion and treatment, And the following up factors concerning social effect after the judgment of forensic psychiatry. METHODS: By letters, calls, visits and by investigation forms made by myself, 208 testimonied cases were followed up separately from judicial organ or other organizations and institutes, individuals testimonied or their family members, victims and their family members. RESULTS: Most testimonied individuals were married man of 30 years old or so whose average education were 4.84 years and testimonied by the public security organs. In criminal cases, violental criminals (129 cases, 83.77%) were much more than non-violental criminals (25 cases, 16.23%) and homicide criminals (44 cases, 28.57%) were most common in the former but civil cases were few. The rate of retstinvony was 2.93%. The testimonied individuals and their family members thought the condemn were appropriate (76.47%) for the people without criminal capacity and thought the condemn were appropriate (41.94%) or not appropriate (41.94%) for the people with criminal capacity. The opinions of the condemn for partial criminal capacity were between the former two cases. And they thought the condemn for 28 cases of non-guilty were appropriate (71.43%) and not appropriate (10.7%). 7 victims were dead. 10 victims were crippled. 10 victims restored to health. In 41 persons testimonied and set free with a verdict of "not guilty", 4 homicided again (4.87%), 2 set on fire (4.87%), 2 stealed (4.87%) and 3 had wrecked behavior (7.31%). CONCLUSION So it is suggested that the department concerned should keep criminals with mental disorder under control and treatment.
Adolescent ; Adult ; Child ; Crime ; Crime Victims ; Expert Testimony ; Female ; Follow-Up Studies ; Forensic Psychiatry/legislation & jurisprudence* ; Humans ; Liability, Legal ; Male ; Mentally Ill Persons/psychology* ; Middle Aged ; Surveys and Questionnaires ; Young Adult

OBJECTIVE: To explore the main factors that most influence the psychiatrists in the process of assessing the capacity for criminal for perpetrators of homicide. METHODS: 105 homicide cases were retrospectively analyzed. RESULTS: The number of cases for no responsibility, reduced responsibility and full responsibility is 41 (39.0%), 28 (26.7%) and 36 (34.3%) respectively. The assessment of capability for criminal responsibility was significantly correlated with three major factors, they are: whether the homicide was driven by psychopathological factors (Gamma = 0.906, P = 0.000), whether the perpetrator was suffering a severe mental disorders (Gamma = 0.761, P = 0.000) and, whether the victim is the perpetrator's family member or relative (Gamma = 0.412, P = 0.000). CONCLUSION Forensic psychiatrists take three major aspects into account in their process in assessing capacity for criminal responsibility, in a descending order, they are: was the homicide driven by pathological motivation? Was the perpetrator suffering from a severe mental disorder? Was the victim a family member or stranger?
Adolescent ; Adult ; Aged ; Aged, 80 and over ; Crime Victims ; Expert Testimony/legislation & jurisprudence* ; Female ; Forensic Psychiatry ; Homicide/psychology* ; Humans ; Liability, Legal ; Male ; Mental Disorders/psychology* ; Middle Aged ; Personality Disorders/psychology* ; Retrospective Studies ; Sex Distribution ; Substance-Related Disorders/psychology* ; Young Adult