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The 1978 Italian mental health law--a personal evaluation: a review.

The author discusses the sociopsychiatric consequences of the 1978 Italian mental health law. He also reviews the international scientific ideas that led up to it. The sociopolitical psychiatric views of the late Franco Basaglia, pioneer of the change in the mental health system of the Italian Republic, are described. Statistical reports and critical analyses are reported. Objective data, based on the author's personal experience as a practising psychiatrist in Rome, Italy, from 1969 to 1987, are given.

Attitude of Health Personnel↗

Wrapped in silence: psychotherapists and confidentiality in the courtroom.

The impact of the Austrian Psychotherapy Act, which, in contrast to legal provisions in the United States, does not provide for any exceptions to breach confidentiality, is compared with the effects of U.S. law on dealing with confidentiality. The authors investigated the impact of this law in light of three common situations in psychotherapy that may jeopardize strict confidentiality: treating potentially dangerous patients, giving testimony, and serving as a psychotherapist in prison. Under the strict provisions of the Austrian Psychotherapy Act, a breach may be excusable in the case of a highly probable danger, but Austrian psychotherapists cannot be obliged to serve as witnesses or as experts in civil or criminal cases, as American psychotherapists can. Psychotherapy in prison, where release is contingent on the success of the therapy and the divulging of information could be in the interests of the patient as well as the court and the public, requires a modified dealing with confidentiality.

Austria↗

Law, psychology, and the "new sciences": rethinking mental illness and dangerousness.

Clinical and legal research on the meaning of mental illness and on definitions (and predictions) of dangerousness continue to offer the mental health law arena mostly disappointing results. In this article, the authors argue that much of this failure is linked to the prevailing Newtonian paradigm of cause-effect relationships, linear logic, and absolute order. In its place, the authors draw attention to the "new sciences"; that is, advances generated from quantum physics and chaos theory. To situate the analysis, the authors explore how psycholegal decision making unfolds. Specifically, the authors examine what contributions the new sciences offer society on the nature and meaning of psychiatric disorder and on the forecasting of violence. Along the way, the authors suggest how the new sciences advance the regard for citizen justice within the domain of mental health law.

Attitude↗

The impact of sex offender residence restrictions: 1,000 feet from danger or one step from absurd?

Several states have enacted public policies that prohibit sex offenders who have abused children from living within close proximity to a school, park, day care center, or school bus stop. The purpose of this exploratory study was to describe the impact of residence restrictions on sex offender reintegration and to better understand sex offenders' perceptions of these laws. A survey of 135 sex offenders in Florida was conducted. Most of the molesters who responded to the survey indicated that housing restrictions increased isolation, created financial and emotional stress, and led to decreased stability. Respondents also indicated that they did not perceive residence restrictions as helpful in risk management and, in fact, reported that such restrictions may inadvertently increase triggers for reoffense. Implications for policy and practice are discussed.

Adult↗

Reintegrating seriously violent and personality-disordered offenders from a supermaximum security institution into the general offender population.

Offenders who have committed serious violent acts while incarcerated are often segregated and housed in supermaximum security facilities. Given the highly restricted regime under which they are detained, it is often difficult to decide if they are safe enough to be discharged. However, there is a need to reintegrate them into the general offender population in a lower security institution for humane, correctional, and financial reasons. We propose a transitional strategy to facilitate their reintegration by way of a maximum-security step-down treatment-oriented facility within which both their security requirements and treatment needs could be adequately met. The present study reports the results of such an approach. More than 80% of the offenders (n = 31) were reintegrated into a lower-security facility without relapsing and being returned to the supermaximum institutions within a follow-up period of 20 months. They also have lower institutional offense rate postreintegration compared to prereintegration.

Adult↗