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Assessing Dyslexia at Six Year of Age
Published on: May 1, 2020
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专家如何建议评估专业能力15年后 - 爱德华兹
1Dr. Im is a Clinical Assistant Professor, Department of Psychiatry, University of Michigan Medical School, Ann Arbor, MI, and Medical Director, Adult Psychiatry Inpatient Program, University of Michigan Hospital, Ann Arbor, MI. Dr. Witherell is an Adjunct Clinical Professor, Department of Psychiatry, University of Michigan Medical School, Ann Arbor, MI, and Director, Evaluation Services, Center for Forensic Psychiatry, Saline, MI. dvsm@med.umich.edu.
The journal of the American Academy of Psychiatry and the Law
|September 15, 2023
概括
刑事被告指控的刑事被告.
科学领域:
- 法医心理学 法医心理学
- 法律心理学 法律心理学
背景情况:
- 在刑事诉讼中平衡被告的自主权和司法诚信是一个长期存在的挑战.
- 美国最高法院在印第安纳州诉爱德华兹 (2008) 的裁决中确认了各州限制精神疾病被告的自我代表权的能力.
- 由于没有针对爱德华斯后代表性能力的具体测试,导致了各种各样的学术建议.
研究的目的:
- 自印第安纳诉爱德华兹判决以来,对评估代表能力的现有文献进行综合.
- 提出一个标准化的框架来评估被告在法庭上代表自己的能力.
主要方法:
- 进行了系统的文献审查.
- 使用相关关键字搜索电子数据库.
- 鉴定和分析了2008年以来发表的31篇文章.
主要成果:
- 专家建议评估认知,沟通和情感能力,以充分防御.
- 关键因素包括:参与社会交往的能力,为自我代表提供合理的理由,并与备用律师合作.
- 实现了对评估职业能力的标准的综合.
结论:
- 一项拟议的代表性能力标准将被告的自主权与司法父权主义相结合.
- 本标准旨在提供一个平衡的方法来评估被告的适合自我代表.
- 需要进一步的研究来完善和在法律实践中实施这一标准.
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