dangerous individual:
"Foucault (1978) argued that the concept of the 'dangerous
individual' emerged in nineteenth century legal psychiatry a result
of psychiatric testimony being heard, and more importantly taken
notice of, in certain criminal cases across Europe between the
years of 1800 and 1835. It was not that the alienists of an inchoate
psychiatry had not previously given evidence in courts, as on
the contrary their judgements regarding insanity were regularly
reported; it was the fact that in these specific cases they were
taken seriously (Mason & Mercer, 1998, p. 238).
dangerous individual:
"the 'dangerous individual' is now enshrined as a central
tenet of forensic behavioural science and its allied professional
disciplines" (Mason & Mercer, 1998, p. 238).
dangerousness:
"despite the fact that dangerousness is not a medically defined
term, health care professionals are increasingly being required
to offer their expert judgement of patients potential risk to
themselves and to others" (O'Rourke, Hammond & Davies,
1997, p. 104).
dangerousness:
"the Butler Committee's definition of dangerousness reaffirms
the clinical and objective nature of dangerousness: "A propensity
to cause serious physical injury or lasting psychological harm"
(Home Office and DHSS, 1975; cited in McClelland, 1995, p. 17).
dangerousness:
"defined as the potential to cause serious physical and psychological
harm to others" (Freeman, 1982; cited in Woods, 1996, p.
20).
dangerousness:
"common definitions also include fear-inducing, impulsive
and destructive behaviours" (Henworth, 1982; Gunn, 1982;
cited in Woods, 1996, p. 20).
dangerousness:
"the concept of dangerousness refers to a state of being
of individuals which predisposes them to engage in harmful acts"
(Petrunik, 1994, p. 4).
dangerousness:
"a minefield of conceptual difficulties causing difference
of opinion as to its constructs, both between individuals within
a professional group, and across such disciplines as psychiatry,
psychology, criminology and law" (Grounds, 1995, cited in
Mason, 1999, p. 160).
dangerousness:
"generally signifies something inherent, hidden, dormant,
a state of potential rather than overt action suggesting notions
of threat, and latent harm" (Mason, 1998, p. 405).
dangerousness:
"implies qualities or traits within the individual, that
may interact with environmental factors, leading to an external
manifestation such as violence, but may also include more subtle
forms of causing harm to others, such as poisoning or stalking"
(Mason, 1999, p. 160).
date rape
drug:
"Rohypnol is the trade name for flunitrazepam which is a
sedative-hypnotic benzodiazepine made by the Hoffman-LaRoche Company.
It is prescribed in Europe and Latin America for the treatment
of anxiety and insomnia (Schwartz & Weaver, 1998). Other
drugs included in the same family as Rohypnol are Valium, Librium
and Xanax. It is used as a long- acting sleeping pill which peaks
at 1-2 hours after ingestion and falls to 1/2 of its peak after
16-35 hours" (www.lec.org/DrugSearch/Documents/Rohypnol.htm).
date rape drug:
"Rohypnol is known under many names, the most common being
the "date-rape drug". Some of the other common names
used are: Forget-me-drug, forget drug, LaRocha, lunch money drug,
Mexican valium, mind erasers, pingus, R-2, reynolds, rib, ro,
roachies, roapies, robutal, rochas dos, riche, trophies, ropey,
ropes, row-shag, ruffles, trip-and-fall and wolfs" (www.ncjrs.org/textfiles/rohyphol.tx).
death penalty:
"the death penalty has been abolished in Canada since June
of 1976, when the House of Commons ended capital punishment in
Canada by a vote of 133-125".
Death with Dignity
Act (1995-Oregon, USA):
"the Oregon's Death with Dignity Act allowed written permission
for medication to end one's life in a humane and dignified manner".
decentralization
or deinstitutionalization:
"an administrative trend to geographically decentralize care
from isolated state hospitals to the community, became possible
because of the increasing number of patients treated on an outpatient
basis. Patients were discharged on strict medication regimes and
psychiatric units were established in local acute care general
hospitals" (Bloom, 1973).
decompensate:
"1903: loss of physiological compensation or psychological
balance; especially : inability of the heart to maintain adequate
circulation (Merriam-Webster's Dictionary http://www.m-w.com/netdict.htm)"
decriminalization
of possession:
"this refers to the removal (absence) of offenses with liability
for imprisonment for possession of quantities of selected drugs
deemed consistent for personal consumption. Decriminalization
is usually applied selectively to substances considered to have
less dependence potential and abuse liability. Fines are usually
imposed. An example would be fines levied for cannabis possession
in some states in the U.S. and Australia" (LeCavelier, 1998,
p. 1).
defense
(1300-UK)(defence-Canadian spelling):
"the act or action of defending; the defense of our country;
speak out in defense of justice; a defendant's denial, answer,
or plea" (Merriam Webster Dictionary).
defense by reason
of insanity (1995-Israel):
"according to par 34(8) of the criminal code a defendant
does not assume criminal responsibility for his actions if at
the time of action, as a result of a disease which affected his
spirit and as a result of some defect of intellect he was substantially
incapable of understanding his actions or what was wrong about
them OR could not prevent himself from committing those actions.
This clause was passed in 1995 and constitutes a much broader
test then the strict M'Naugten test in use until then Available:
.<http://members.tripod.com/~dazc/>
defense by reason of insanity (1990s-USA):
"defense by reason of insanity was abolished in the 1990's
in the states of Idaho, Montana and Utah" (Untying the Straight
Jacket - Video, A & E, 1997).
defence by reason of insanity (1991-Canada):
"Regina v. Swain (May 2, 1991) - The decision of the Supreme
Court of Canada's spurred the federal government to bring the
regulations on the mentally ill offender into line with the Charter.
In this case the accused was found "not guilty by reason
of insanity "on a charge of aggravated assault on his wife
and assault on his children" (Arboleda et al, 1995, p. 226).
defense
wounds:
made when the victim attempts to defend him/herself against the
attack. Noticed most on the hands and arms (Stewart, 1993).
dehospitalization:
"or deinstitutionalization has been assisted by the advent
of neuroleptic medications, concern for the civil rights of institutionalized
patients and a political ideology supporting a less restrictive
setting (Gudeman & Shore, 1984).
deinstitutionalization:
"a set of legislative policies (1950's and 60's, in the US
and Canada) that moved the mentally ill from the hospital to
the community" (Arboleda-Florez, 1994).
deinstitutionalization:
"a humanitarian philosophy committed to community based care
for the mentally ill, which has resulted in a decreased census
of the state mental hospitals and emergence of community-based
treatment facilities" (Wilson & Kneisl, 1992. p. 991).
deinstitutionalization:
"often cited as a contributing factor to increased numbers
of homeless people on the streets of our cities; has also been
linked to increased arrest rates among people with a history of
mental illness" (Pogrebin & Poole, 1987; Richman, Convit
& Martell, 1992, p. 932).
deinstitutionalization or decentralization:
"an administrative trend to geographically decentralize care
from isolated state hospitals to the community, became possible
because of the increasing number of patients treated on an outpatient
basis. Patients were discharged on strict medication regimes and
psychiatric units were established in local acute care general
hospitals" (Bloom, 1973).
deinstitutionalization:
"the transfer to a community setting of a client who has
been hospitalized for an extended period of time, generally many
years. This is accomplished by discharging "long term"
clients and reducing unnecessary admissions (Rawlins, Williams
& Beck, 1993).
deinstitutionalization:
"or dehospitalization has been assisted by the advent of
neuroleptic medications, concern for the civil rights of institutionalized
patients and a political ideology supporting a less restrictive
setting (Gudeman & Shore, 1984).
delinquent:
"offending, usually in a minor way; 'The youth had a history
of delinquent behaviour'. Latin de and liquere ( to leave)".
delinquency offense:
"an act committed by a juvenile for which an adult could
be prosecuted in a criminal court" (Waldman, 1996, p. 438).
delusions:
"a false belief based on an incorrect inference about external
reality and firmly sustained despite clear evidence to the contrary,
and which is not related to cultural or religious beliefs"
(Arboleda-Florez, Crisanti, & Holley, 1996, p. 23).
DNA (deoxyribonucleic
acid):
"DNA is the genetic material contained in the cells of the
human body which acts like a genetic blueprint providing a plan
for development unique to each individual" (Redmayne, 1998).
DNA (deoxyribonucleic acid):
"1944 any of various nucleic acids that are usually the molecular
basis of heredity, are localized especially in cell nuclei, and
are constructed of a double helix held together by hydrogen bonds
between purine and pyrimidine bases which project inward from
two chains containing alternate links of deoxyribose and phosphate
-- compare Recombinant DNA (Merriam-Webster's Dictionary http://www.m-w.com/netdict.htm)
DNA data banks:
"databases which store the DNA profiles collected from various
classes of offenders" (Connor, 1994).
DNA (fingerprinting):
"1984: a method of identification (as for forensic purposes)
by determining the sequence of base pairs in the DNA especially
of a person (Merriam-Webster's Dictionary http://www.m-w.com/netdict.htm)
depenalization
of possession:
"this means the removal absence of all penalties for possession
of selected drugs. For example there are no penalties for possession
of amphetamines and barbiturates under current Canadian legislation"
(LeCavelier, 1998, p. 1).
dependency
and exchange theory of violence:
"in this theory, violence is believed to be from dependence
of the abused on the abuser, which leads to excessive caretaker
stress, or, conversely, from dependence of the abuser on the abused,
resulting in feelings of powerlessness and frustration. This theory
has been advanced specifically in relation to elder abuse but
may also be applicable to other forms of violence".
deposition:
"a statement of evidenced given under oath; 'The court heard
the victim's evidence in a deposition made from the her hospital
bed'. Latin de (from) and ponere (to place)".
deposition:
"the official statement by a witness taken in writing (as
opposed to testimony where a witnesses gives their perception
of the facts verbally). Affidavits are the most common kind of
depositions" (WWLIA's Legal Dictionary).
deputy coroner:
"the Deputy Coroner who in some counties is called a coroner's
investigator, works under the direction of the Coroner, Sheriff
Coroner, or in some case Medical Examiners. He or she is a member
of the government agency responsible for the investigation of
all sudden or unexplained deaths" (Sheriff-Coroner Department-
Orange County, CA, 1993).
designer
drugs:
"synthetic forms of heroin and LSD. Designer drugs are synthesized
in a laboratory by altering the molecular structure of illegal
drugs to duplicate the effects or providing even stronger ones.
Designer drugs go by street names such as Angel dust, Eve, Ecstasy,
Ice, Venus, and China White and include synthetic forms of heroin
and LSD" (Koziey, 1996).
detention facilities:
"most often local facilities used for youths, under 18 years,
who are accused of some form of crime or delinquency, or are
homeless" (Moritz, 1982, p. 253).
developmental approach:
"the theory that attributes violence to the belief that early
life experiences, particularly relationships with parents (or
lack of), foster the development of personal behavioral control
and mediate propensities for violence".
diabetes:
"any of various abnormal conditions characterized by the
secretion and excretion of excessive amounts of urine; especially
Diabetes Mellitus" (WWW Webster Dictionary, online).
digital technology:
"term encompassing the new technology of computers, CD-ROM,
Internet, etc.
diminished
capacity:
"the defense attorneys in United States v. Kaczynski (1997)
employed a defense known as "diminished capacity." Although
this bears some resemblance to the "reason of insanity"
defense (in that both examine the mental competence of the defendant),
there are important differences. The most fundamental of these
is that, while "reason of insanity" is a full defense
to a crime -- that is, pleading "reason of insanity"
is the equivalent of pleading "not guilty" -- "diminished
capacity" is merely pleading to a lesser crime (Michael Peil,
1997, (URL: http://lii.law.cornell.edu/unabom/insanity.html).
diminished capacity (1995-Israel):
"in cases of murder the mandatory life sentence may be mitigated
if as a result of a severe mental disorder or defect of the intellect
the defendent was limited in a way similar to but to a lesser
degree than that described in par. 34(8). OR if the defendent
was in a state of severe mental distress due to prolonged severe
abuse of the defendent or a member of his family on the part of
the victim of his crime. This clause was also adopted in 1995,
and constitutes a drastic reversal of an earlier supreme court
ruling that the diminished capacity defense has "no place"
in Israeli law". Available: <http://members.tripod.com/~dazc/>
discrimination:
"1648: the act of discriminating; the process by which two
stimuli differing in some aspect are responded to differently;
the quality or power of finely distinguishing; the act, practice,
or an instance of discriminating categorically rather than individually;prejudiced
or prejudicial outlook, action, or treatment (racial discrimination)"
(Merriam-Webster's Dictionary http://www.m-w.com/netdict.htm)
disposition:
"the concept of disposition hearing and order has been introduced
criminally to deal with persons who have been found unfit or not
responsible" (Canada Criminal Code, Bill C-30, Feb 4, 1992).
disposition:
"an order made by a court or Review Board under section 672.54
(the terms of dispositions) an order made by a court under section
672.58 (treatment dispositions).(Criminal Code of Canada, p. 1013).
disposition (treatment):
"treatment disposition essentially accelerates the treatment
of the mentally disordered accused. Given the assumption that
an unfit mentally disordered accused is also not competent to
consent to treatment this Treatment Disposition bypasses the confines
of the Mental Health Act where there is the prospect of appeals,
rights advisors, finding a substitute decision maker or approaching
a review board" (Section 672.58 of the Canadian Criminal
Code, 1990).
diversion:
"a discrete intervention to channel the mentally ill disordered
offender away from the judicial process and penal system into
the health care system" (Burrow, 1990, p. 903).
diversion:
"this is the exercise of discretion, at the enforcement or
court levels, to refer violators to social or health agencies,
in lieu of criminal sanctions" (LeCavelier, 1998, p. 1).
diversion:
"in practice the process of diversion should involve the
identification of mentally disordered offenders at the point of
arrest and if possible diverting the individual from a custodial
remand to a place where further assessment and/or treatment can
be obtained" (Woods & Mason, 1996 [on-line] ).
diversion "court" liaison scheme:
"a system which gives professionals who may come into contact
with potential MDOs (mentally disordered offenders), the opportunity
of referring such people to health care professionals with psychiatric
assessment/diagnostic skills. The aim of this referral is to provide
the court with a mental health assessment that suggest alternatives
to custody via treatment or support in the least secure environment
possible" (Kitchiner, 1996, p. 66).
diversion programs:
"specific programs that screen defined groups or detainees
for the presence of a medical disorder, use mental health professionals
to those detainees identified in screening; negotiate with prosecutors,
defense attorneys, community based mental health providers, and
the courts to provide a mental health disposition as a condition
of bond, in lieu of prosecution, or as a condition of a reduction
in charges whether or not a formal conviction occurs): and link
the detainee directly to community based services" (Steadman,
Morris & Dennis, 1995, p. 1630).
documentation:
"Documentation of the history of an item of evidence from
the moment it is recognized as evidence (by a person with authority
and responsibility to preserve its integrity) to the time it appears
in court. Documentation means the signature (name) of the person
assuming responsibility, and the date the evidence was received.
Authority means being vested with the power to receive the evidence;
responsibility means obligated to carry out the means to preserve
and protect against loss".
documentation (forensic
documentation in the ED):
"should include: a full written description and/or diagram
of the patient's injuries, possibly supplemented by photographs;
measurements of all wounds; documentation of: injury patterns,
the site and size of stab wounds, and whether needle marks were
present prior to treatment" (Smock et al, 1994, p. 2).
domestic
homicide:
"occurs when a family or household member kills another member
of the household. This definition includes common-law relationships.
Prior domestic violence often can be supported by police reports.
A history of conflict due to external sources (for example, finances,
job, alcohol) are common elements of domestic violence"
(Burgess et al, 1994, p. 15).
domestic
violence:
"any form of physical assault, sexual abuse, rape, threats
and intimidation. It may also be accompanied by other forms of
intimidation such as degradation, mental and verbal abuse humiliation
and systemic criticism" (Inter-Agency Circular, Home Office
& Welsh Office, August, 1995).
domestic violence:
"any intentional or reckless act or omission that causes
bodily harm or damage to property; any act or threatened act that
causes a reasonable fear of bodily harm or damage to property;
forced confinement; or sexual abuse" (Canada- the Domestic
Violence Prevention Act, 1994 (URL: http://www.legis.gov.bc.ca).
domiciled
people:
"people who have a home, residence, habitation, abode, house
or dwelling; in comparison to undomicile people who are homeless"
(WWWebster, on-line, 1997).
disaffiliated people:
"in Australia, most people who live in shelters, commercially
supported accommodation houses and cheap single rooms are socially
isolated and may be regarded as disaffiliated" (Herrman,
1990, p. 1291).
drifters:
"some'drifters' wander from community to community seeking
a geographical solution to their problems; the tendency is probably
more pronounced in the young, aged 18 to 35, though it is by no
means uncommon in the older age groups; others, who drift in the
same community from one living situation to another, can best
be described as drifting through life: they lead lives without
goals, direction, or ties other than perhaps an intermittent hostile-dependent
relationship with relatives or other caretakers: (Lamb, 1984,
p. 903).
driving injuries:
small, numerous or minute cuts consistent with contact or
shattered tempered glass (Stewart, 1993).
driving under the influence:
"the
legal definition of driving under the influence is different in
throughout the United States. In California "influence"
is any variation from normal response which is which is legally
presumed if the BA (blood alcohol is 0.8%+, but must be proven
I there is no BA level available or if the BS is below the presumptive
level (California Driving Under the Influence Laws of the Health
and safety Code, 1998).
drug abuse:
"the
deliberate use of a drug for other than medicinal purposes in
a manner that can adversely one's health or ability to function"
(Clark, 1996, p. 806).
drug use:
"the
taking of a drug in the correct amount, frequency and strength,
for its medically intended purpose" (Clark, 1996, p. 806).
drunkenness as a defence (1993-Canada):
"used
as defense for not being criminally responsible for the sexual
assault due to being drunk at the time the crime was committed
(Queen v. Daviault).
drunkenness as a defence (1994-Canada):
"the
Queen v. Daviault, the accused was charged with having sexually
and physically assaulted a woman who was bound to a wheelchair,
while he was under the influence of alcohol. The court ruled that
someone in a state of extreme intoxication could not form the
mental intent (mens rea) to commit the crime and to convict that
person would be a violation of the Charter of Rights and Freedoms.
Thus, based on this precedent setting case, the offense could
also apply to a series of crimes including sexual assault, driving
under the influence murder and manslaughter. In the past (prior
to this incident) intoxication could only be used as a defense
in (specific intent) cases such as first degree murder">
drunkenness as a defence (Sept, 1995-Canada):
"bill
C-72 outlawed extreme drunkenness as a defence for violent crimes.
The Bill allowed changes under the criminal code -people accused
of assault will be unable to defend themselves with the excuse
they were too drunk or high on drugs to know what they were doing".
duress:
"pressure;
coercion; as a confession obtained under duress; Latin duras (hard)".
Durham Rule (US -1954):
"excuses
a defendant whose conduct is the product of a mental disease or
defect [Durham v. United States, 214 f.2d. 862 (D.C. Cir.1954),
overruled in the U.S. v. Brawner, 471 f.2d 969 9D.C.Cir. 1972].
(Padberg, 1972, p.164).
