criminal law


Summary: A branch of law that defines criminal offenses, regulates the apprehension, charging and trial of suspected persons, and fixes the penalties and modes of treatment applicable to convicted offenders.

Top Publications

  1. Csete J, Dube S. An inappropriate tool: criminal law and HIV in Asia. AIDS. 2010;24 Suppl 3:S80-5 pubmed publisher
    ..To review the status of application of criminal law in key HIV-related areas in Asia and analyze its impact...
  2. Eme R. Attention-deficit/hyperactivity disorder and correctional health care. J Correct Health Care. 2009;15:5-18 pubmed publisher
    ..It also examines the major mechanisms whereby ADHD increases the risk for crime and recidivism. ..
  3. Hser Y, Hoffman V, Grella C, Anglin M. A 33-year follow-up of narcotics addicts. Arch Gen Psychiatry. 2001;58:503-8 pubmed
    ..For some, heroin addiction has been a lifelong condition associated with severe health and social consequences. ..
  4. Festinger D, Marlowe D, Lee P, Kirby K, Bovasso G, McLellan A. Status hearings in drug court: when more is less and less is more. Drug Alcohol Depend. 2002;68:151-7 pubmed
    ..These findings lend useful guidance to drug courts. Status hearings are expensive and time consuming and should be targeted to clients who would benefit most from them. ..
  5. Harrison L, Scarpitti F. Introduction: Progress and issues in drug treatment courts. Subst Use Misuse. 2002;37:1441-67 pubmed
    ..The primary focus is the evaluation research conducted to date, which identifies some of the critical unresolved issues facing drug treatment courts. ..
  6. Taxman F, Bouffard J. Treatment inside the drug treatment court: the who, what, where, and how of treatment services. Subst Use Misuse. 2002;37:1665-88 pubmed
    ..The paper then identifies some research questions for the future. ..
  7. Christie T, Anderson J. Drug treatment courts are popular but do they work and are they ethical and appropriate for Canada?. Health Law Can. 2003;23:70-9 pubmed
    ..The purpose of this article is to take a critical look at this phenomenon and to discuss whether the drug court model is suitable for Canada. ..
  8. Clark R, Ricketts S, McHugo G. Legal system involvement and costs for persons in treatment for severe mental illness and substance use disorders. Psychiatr Serv. 1999;50:641-7 pubmed
    ..Effective treatment of substance use among persons with mental illness appears to reduce arrests and incarcerations but not the frequency of nonarrest encounters. Stable housing may also reduce the likelihood and number of arrests. ..
  9. Rice M. Violent offender research and implications for the criminal justice system. Am Psychol. 1997;52:414-23 pubmed
    ..Implications for the criminal justice system pertain to release following insanity acquittal, offender sentencing and parole, preventive detention, offender treatment, and program evaluation. ..

More Information


  1. Mitchell T, Haw R, Pfeifer J, Meissner C. Racial bias in mock juror decision-making: a meta-analytic review of defendant treatment. Law Hum Behav. 2005;29:621-37 pubmed
    ..The state of the research will be discussed in light of these findings. ..
  2. Theriot M, Segal S. Involvement with the criminal justice system among new clients at outpatient mental health agencies. Psychiatr Serv. 2005;56:179-85 pubmed
  3. Knapp M, Mangalore R, Simon J. The global costs of schizophrenia. Schizophr Bull. 2004;30:279-93 pubmed
    ..Such information helps us to understand the health, health care, economic, and policy importance of schizophrenia, and to better interpret and explain the large within- and across-country differences that exist. ..
  4. Blankenship K, Koester S. Criminal law, policing policy, and HIV risk in female street sex workers and injection drug users. J Law Med Ethics. 2002;30:548-59 pubmed
  5. Darley J, Carlsmith K, Robinson P. Incapacitation and just deserts as motives for punishment. Law Hum Behav. 2000;24:659-83 pubmed
  6. Whetten Goldstein K, Sloan F, Stout E, Liang L. Civil liability, criminal law, and other policies and alcohol-related motor vehicle fatalities in the United States: 1984-1995. Accid Anal Prev. 2000;32:723-33 pubmed
    ..Many other public policies evaluated were not associated with lower fatality rates. ..
  7. Schmitt T, Cross T, Alderden M. Qualitative Analysis of Prosecutors' Perspectives on Sexual Assault Nurse Examiners and the Criminal Justice Response to Sexual Assault. J Forensic Nurs. 2017;13:62-68 pubmed publisher
    ..The study also suggests the value of further education about SANEs for prosecutors who may not have the opportunity to learn about the range of skills SANEs possess. ..
  8. Aalsma M, Anderson V, Schwartz K, Ouyang F, Tu W, Rosenman M, et al. Preventive Care Use Among Justice-Involved and Non-Justice-Involved Youth. Pediatrics. 2017;140: pubmed publisher
    ..Medicaid enrollment continuity was associated with differences in WC and emergency service use among JIY, with policy implications for improving preventive care for these vulnerable youth. ..
  9. Alderden M, Ullman S. Creating a more complete and current picture: examining police and prosecutor decision-making when processing sexual assault cases. Violence Against Women. 2012;18:525-51 pubmed publisher
    ..One factor appeared to influence several decision-making points: whether officers noted discrepancies in victim statements. ..
  10. Kalapos M. [Treatment instead of punishment. The process of diversion from custody]. Psychiatr Hung. 2011;26:393-414 pubmed
    ..As important considerations are the guarantees for clients as well as the involvements of consequences of non-abstinent behaviour of them mentioned. ..
  11. Mericle A, Belenko S, Festinger D. Detection, advice, and referral to services (DARTS) procedures among clients with public defenders. Subst Use Misuse. 2011;46:1734-44 pubmed publisher
    ..Results provide preliminary support for the use of Detection, Advice, and Referral to Services (DARTS) procedures by PDs and identify potential barriers to its implementation. ..
  12. Grisso T. Adolescent offenders with mental disorders. Future Child. 2008;18:143-64 pubmed
    ..This role would include emergency mental health services for youth in its custody and more substantial mental health care only for the smaller share of youth who cannot be treated safely in the community. ..
  13. Frueh B, Grubaugh A, Lo Sasso A, Jones W, Oldham J, Lindrooth R. Key stakeholder perceptions regarding acute care psychiatry in distressed publicly funded mental health care markets. Bull Menninger Clin. 2012;76:1-20 pubmed publisher
    ..Results carry implications for policy makers regarding strategies/policies to improve optimal utilization of scarce resources for mental health care, including greater focus on psychotherapy. ..
  14. Beebee J. People with learning disabilities in the criminal justice system. Nurs Stand. 2010;24:35-8 pubmed
    ..The article describes national plans to address these needs, with particular information on how needs are being addressed in the south west region of the English NHS. ..
  15. Steadman H, Redlich A, Callahan L, Robbins P, Vesselinov R. Effect of mental health courts on arrests and jail days: a multisite study. Arch Gen Psychiatry. 2011;68:167-72 pubmed publisher
    ..Mental health courts meet the public safety objectives of lowering posttreatment arrest rates and days of incarceration. Both clinical and criminal justice factors are associated with better public safety outcomes for MHC participants. ..
  16. Cabrera L, Elger B. Memory Interventions in the Criminal Justice System: Some Practical Ethical Considerations. J Bioeth Inq. 2016;13:95-103 pubmed publisher
    ..The paper ends up highlighting how these pragmatic considerations can help establish ethically justified criteria regarding the possibility of interventions aimed at modifying criminal offenders' memories. ..
  17. Hoppe T. From sickness to badness: the criminalization of HIV in Michigan. Soc Sci Med. 2014;101:139-47 pubmed publisher
    ..Much less is known about how social problems historically understood as medical come to be governed by the criminal law, or what I term the "criminalization of sickness...
  18. Dipietro B, Klingenmaier L. Achieving public health goals through Medicaid expansion: opportunities in criminal justice, homelessness, and behavioral health with the Patient Protection and Affordable Care Act. Am J Public Health. 2013;103 Suppl 2:e25-9 pubmed publisher
  19. Otgaar H, Sauerland M, Petrila J. Novel shifts in memory research and their impact on the legal process: introduction to the special issue on memory formation and suggestibility in the legal process. Behav Sci Law. 2013;31:531-40 pubmed publisher
    ..Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. ..
  20. O Byrne P, Bryan A, Roy M. HIV criminal prosecutions and public health: an examination of the empirical research. Med Humanit. 2013;39:85-90 pubmed publisher
    ..Lastly, the behavioural effects of HIV criminal laws appear to be complex and non-linear. A review of the extant literature from a public health perspective leads to the conclusion that HIV criminal laws undermine public health. ..
  21. Harman O. Unformed minds: juveniles, neuroscience, and the law. Stud Hist Philos Biol Biomed Sci. 2013;44:455-9 pubmed publisher
    ..Ultimately, how we determine culpability should rest on normative and ethical considerations rather than on scientific ones. ..
  22. Corlett J. Taking drugs very seriously. J Med Philos. 2013;38:235-48 pubmed publisher
  23. Palermo G, Mastronardi V, Agostini S. [The investigative and adversarial process in Italy and the United States]. Riv Psichiatr. 2012;47:42-5 pubmed publisher
    ..In Italy it was observed that the autonomy of the police would squeeze the steering function of the prosecutor, and the practice of "under cover" investigation has granted an extension of police activity. ..
  24. Patrick S, Marsh R. Sentencing outcomes of convicted child sex offenders. J Child Sex Abus. 2011;20:94-108 pubmed publisher
    ..Additionally, while many variables appear related at the bivariate level, when multivariate analysis is applied, fewer variables remain significant, and these are mostly from the characteristics of the offense. ..
  25. Pope T, Palazzo M. Legal briefing: Crisis standards of care and legal protections during disasters and emergencies. J Clin Ethics. 2010;21:358-67 pubmed
    ..It reviews available legal protection in crisis situations with respect to the Emergency Medical Treatment and Labor Act (EMTALA), criminal liability, and licensure. ..
  26. Meynen G, Oei K. Internationalizing forensic assessments of criminal responsibility. Med Law. 2011;30:529-34 pubmed
    ..In this paper we identify criminal law as a relevant factor complicating the process of internationalizing a particular medical practice: the ..
  27. Brooks E, Gendel M, Early S, Gundersen D, Shore J. Physician boundary violations in a physician's health program: a 19-year review. J Am Acad Psychiatry Law. 2012;40:59-66 pubmed
    ..Post hoc analysis revealed that physician-patients with a history of prior boundary violations were more likely to commit violations of a sexual nature. No further incidents were reported for 88 percent of the cohort. ..
  28. Edens J, Cox J. Examining the prevalence, role and impact of evidence regarding Antisocial Personality, sociopathy and psychopathy in capital cases: a survey of defense team members. Behav Sci Law. 2012;30:239-55 pubmed publisher
    ..Also, although defense objections were common, such evidence was rarely ruled to be inadmissible in these cases. ..
  29. Greene E, Cahill B. Effects of neuroimaging evidence on mock juror decision making. Behav Sci Law. 2012;30:280-96 pubmed publisher
    ..Neuropsychological and neuroimaging evidence also had mitigating effects on impressions of the defendant. We describe study limitations and pose questions for further research. ..
  30. Hosch H, Culhane S, Tubb V, Granillo E. Town vs. gown: a direct comparison of community residents and student mock jurors. Behav Sci Law. 2011;29:452-66 pubmed publisher
    ..There was no difference in individual verdict preferences, but the students' sentence recommendations were more punitive. These results are interpreted in the context of the generalizability of mock juror studies. ..
  31. van Gelderen B, Bakker A, Konijn E, Demerouti E. Daily suppression of discrete emotions during the work of police service workers and criminal investigation officers. Anxiety Stress Coping. 2011;24:515-37 pubmed publisher
    ..Results of a third (diary) study (N=39) confirmed that emotional dissonance and more particularly the suppression of abhorrence mediated the relationship between emotional job demands and exhaustion at the end of a work shift. ..
  32. Legemaate J. [Criminal prosecution for medical errors]. Ned Tijdschr Geneeskd. 2011;155:A3068 pubmed
    ..The new policy document leaves several questions unanswered. It does not consider the criminal liability of health care institutions, for example, and there is too much focus on the responsibilities of individual health care workers. ..
  33. Teske S. A study of zero tolerance policies in schools: a multi-integrated systems approach to improve outcomes for adolescents. J Child Adolesc Psychiatr Nurs. 2011;24:88-97 pubmed publisher
    ..A multi-systems approach that targets the reasons for disruptive behavior improves student educational and behavioral outcomes. ..
  34. Prins S. Does transinstitutionalization explain the overrepresentation of people with serious mental illnesses in the criminal justice system?. Community Ment Health J. 2011;47:716-22 pubmed publisher
  35. Kramer K, Comfort M. Considerations in HIV prevention for women affected by the criminal justice system. Womens Health Issues. 2011;21:S272-7 pubmed publisher
  36. Poteat T, Diouf D, Drame F, Ndaw M, Traore C, Dhaliwal M, et al. HIV risk among MSM in Senegal: a qualitative rapid assessment of the impact of enforcing laws that criminalize same sex practices. PLoS ONE. 2011;6:e28760 pubmed publisher
    ..Those who continued to provide services noticed a sharp decline in MSM participation. An effective response to the HIV epidemic in Senegal should include active work to decrease enforcement of this law. ..
  37. Reichert J, Miller M, Bornstein B, Shelton H. How reason for surgery and patient weight affect verdicts and perceptions in medical malpractice trials: a comparison of students and jurors. Behav Sci Law. 2011;29:395-418 pubmed publisher
    ..Theoretical explanations are explored and implications discussed. ..
  38. Cowell A, Hinde J, Broner N, Aldridge A. The impact on taxpayer costs of a jail diversion program for people with serious mental illness. Eval Program Plann. 2013;41:31-7 pubmed publisher
    ..05). Reductions in criminal justice costs drove this result. Jail diversion for people with mental illness may thus be justified fiscally. ..
  39. Webb R, Qin P, Stevens H, Mortensen P, Appleby L, Shaw J. National study of suicide in all people with a criminal justice history. Arch Gen Psychiatry. 2011;68:591-9 pubmed publisher
    ..Our findings also suggest that public services should be better coordinated to tackle co-occurring health and social problems more effectively. ..
  40. Tzeferakos G, Vlahou E, Troianos S, Douzenis A. The association between mental disorder and crime during the Byzantine Empire. Med Law. 2011;30:571-8 pubmed
    ..This legislation had specific provisions for insane offenders with regard to their legal and social handling. In this article we review these laws and present some interesting legal, psychiatric and social issues. ..
  41. Peloso P, D Alema M, Fioritti A. Mental health care in prisons and the issue of forensic hospitals in Italy. J Nerv Ment Dis. 2014;202:473-8 pubmed publisher
  42. Thomas Taylor D, Cerulli C. Use of nonmedical and pediatric primary care medical services by families who call police for domestic violence-related issues. Violence Against Women. 2011;17:1409-20 pubmed publisher
    ..However, clinic-based patients appear in family court more than privately based patients (91% vs. 57%). Data suggest that all pediatric providers should screen, assess, and refer parents for DV. ..
  43. Yaffe G. Neurologic disorder and criminal responsibility. Handb Clin Neurol. 2013;118:345-56 pubmed publisher
  44. Parzeller M, Dettmeyer R, Laux J, Bratzke H. [Reform of forensic autopsy in the German Code of Criminal Procedure]. Arch Kriminol. 2012;229:73-89 pubmed
    ..For future severe negative consequences would have to be expected on the rule of law and legal certainty. ..
  45. Gavrielides T. Contextualizing restorative justice for hate crime. J Interpers Violence. 2012;27:3624-43 pubmed publisher
    ..These included semistructured interviews with an expert sample of practitioners and policy makers as well as focus groups with young victims and offenders of hate incidents. Direct observation was also carried out with two RJ practices. ..
  46. Rowe M, Baranoski M. Citizenship, mental illness, and the criminal justice system. Int J Law Psychiatry. 2011;34:303-8 pubmed publisher
    ..We then suggest the contribution the framework can make to the intersecting issues of mental illness, its criminalization in the U.S., and the goal of community integration for people with mental illness. ..
  47. Kpanake L, Patassi A, Mullet E. Criminal prosecution of a male partner for sexual transmission of infectious diseases: the views of educated people living in Togo. Sex Transm Infect. 2013;89:290-4 pubmed publisher
    ..STID, most people in the sample endorsed the position of the Joint United Nations Programme on HIV/AIDS that urges governments not to apply criminal law to cases where sexual partners disclosed their status or were not informed of it.
  48. Stackpool Moore L. 'The intention may not be cruel... but the impact may be': understanding legislators' motives and wider public attitudes to a draft HIV Bill in Malawi. Sex Transm Infect. 2013;89:285-9 pubmed publisher
    ..By incorporating criminal sanctions as part of the proposed HIV Bill, the lawmakers actively seek to use stigma to shape social attitudes and attempt to guide normative behaviour. ..
  49. Kim H, Gerber J. The effectiveness of reintegrative shaming and restorative justice conferences: focusing on juvenile offenders' perceptions in Australian reintegrative shaming experiments. Int J Offender Ther Comp Criminol. 2012;56:1063-79 pubmed publisher
    ..However, it was found that there were treatment effects on repaying the victim, repaying society, and the degree of feeling repentance, and that younger offenders wanted to repay the victim/society and feel repentance. ..
  50. Arfken C, Said M, Owens D. Racial and ethnic differences in reported criminal justice referral at treatment admission. J Psychoactive Drugs. 2012;44:428-33 pubmed
    ..Published primary referral sources may underestimate criminal justice involvement in treatment admissions. ..
  51. Hässler G, Hässler F. Infanticide in Mecklenburg and Western Pomerania: documents from four centuries (1570-1842). Hist Psychiatry. 2011;22:75-92 pubmed
    ..For the almost exclusively female defendants, behavioural patterns occurred repeatedly: shame, confusion and hopelessness triggered concealment of the pregnancy and ultimately the deliberate or negligent killing of the newborn child. ..
  52. Kopelovich S, Yanos P, Pratt C, Koerner J. Procedural justice in mental health courts: judicial practices, participant perceptions, and outcomes related to mental health recovery. Int J Law Psychiatry. 2013;36:113-20 pubmed publisher
    ..Implications and future directions are discussed. ..
  53. Spaans M, Barendregt M, Haan B, Nijman H, de Beurs E. Diagnosis of antisocial personality disorder and criminal responsibility. Int J Law Psychiatry. 2011;34:374-8 pubmed publisher
    ..Furthermore, they deem affective deficiencies sufficiently important to indicate suspects' threat to society or dangerousness and warrant a need for forensic treatment. ..