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  1. Article: Scholarship in

    Freckelton Qc, Ian

    Psychiatry, psychology, and law : an interdisciplinary journal of the Australian and New Zealand Association of Psychiatry, Psychology and Law

    2020  Volume 27, Issue 3, Page(s) 333–345

    Abstract: This editorial charts the history of publications by the Australian and New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL) from 1985 to 2020. It identifies values that have ... ...

    Abstract This editorial charts the history of publications by the Australian and New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL) from 1985 to 2020. It identifies values that have underpinned
    Language English
    Publishing date 2020-08-27
    Publishing country England
    Document type Editorial
    ZDB-ID 1331268-6
    ISSN 1934-1687 ; 1321-8719
    ISSN (online) 1934-1687
    ISSN 1321-8719
    DOI 10.1080/13218719.2020.1799602
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  2. Article: Blasphemy law, mental illness and the potential for injustice: a cautionary tale from Indonesia.

    Freckelton Qc, Ian

    Psychiatry, psychology, and law : an interdisciplinary journal of the Australian and New Zealand Association of Psychiatry, Psychology and Law

    2020  Volume 27, Issue 2, Page(s) 169–180

    Abstract: This article highlights troubling recent cases in Pakistan and Indonesia involving the preferring of the criminal charge of blasphemy. It gives particular scrutiny to the charges of blasphemy and blasphemous libel brought against Suzethe Margaret, a ... ...

    Abstract This article highlights troubling recent cases in Pakistan and Indonesia involving the preferring of the criminal charge of blasphemy. It gives particular scrutiny to the charges of blasphemy and blasphemous libel brought against Suzethe Margaret, a Catholic woman with schizophrenia in Indonesia in 2019. While it applauds the fact that in February 2020 she was acquitted by the Cibinong District Court, it expresses concern about the period of time she was held in detention without resolution of her circum stances and the risk that the decision could have been less legally rigorous. It utilises the case to reflect on the risks inherent in the subjectivity in the charge of blasphemy and the particular dangers when the accused person suffers from a mental illness that may either preclude their fitness to be tried or raise the potential for them to be not guilty by reason of mental impairment/insanity.
    Language English
    Publishing date 2020-04-14
    Publishing country England
    Document type Editorial
    ZDB-ID 1331268-6
    ISSN 1934-1687 ; 1321-8719
    ISSN (online) 1934-1687
    ISSN 1321-8719
    DOI 10.1080/13218719.2020.1736392
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  3. Article ; Online: COVID-19: Fear, quackery, false representations and the law.

    Freckelton Qc, Ian

    International journal of law and psychiatry

    2020  Volume 72, Page(s) 101611

    Abstract: Fear, anxiety and even paranoia can proliferate during a pandemic. Such conditions, even when subclinical, tend to be a product of personal and predispositional factors, as well as shared cultural influences, including religious, literary, film, and ... ...

    Abstract Fear, anxiety and even paranoia can proliferate during a pandemic. Such conditions, even when subclinical, tend to be a product of personal and predispositional factors, as well as shared cultural influences, including religious, literary, film, and gaming, all of which can lead to emotional and less than rational responses. They can render people vulnerable to engage in implausible conspiracy theories about the causes of illness and governmental responses to it. They can also lead people to give credence to simplistic and unscientific misrepresentations about medications and devices which are claimed to prevent, treat or cure disease. In turn such vulnerability creates predatory opportunities for the unscrupulous. This article notes the eruption of quackery during the 1889-1892 Russian Flu and the 1918-1920 Spanish Flu and the emergence during 2020 of spurious claims during the COVID-19 pandemic. It identifies consumer protection strategies and interventions formulated during the 2020 pandemic. Using examples from the United States, Japan, Australia and the United Kingdom, it argues that during a pandemic there is a need for three responses by government to the risks posed by conspiracy theories and false representations: calm, scientifically-based messaging from public health authorities; cease and desist warnings directed toward those making extravagant or inappropriate claims; and the taking of assertive and well publicised legal action against individuals and entities that make false representations in order to protect consumers rendered vulnerable by their emotional responses to the phenomenology of the pandemic.
    MeSH term(s) Australia ; Betacoronavirus ; COVID-19 ; Coronavirus Infections/epidemiology ; Fraud/prevention & control ; Fraud/statistics & numerical data ; Health Behavior ; Health Knowledge, Attitudes, Practice ; Humans ; Japan ; Pandemics ; Pneumonia, Viral/epidemiology ; Public Health ; Public Health Practice/statistics & numerical data ; Quackery/prevention & control ; Quackery/statistics & numerical data ; SARS-CoV-2 ; Social Media/statistics & numerical data ; Truth Disclosure ; United States
    Keywords covid19
    Language English
    Publishing date 2020-07-10
    Publishing country Netherlands
    Document type Journal Article
    ZDB-ID 304429-4
    ISSN 1873-6386 ; 0160-2527
    ISSN (online) 1873-6386
    ISSN 0160-2527
    DOI 10.1016/j.ijlp.2020.101611
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  4. Article ; Online: Children as voices and images for medicinal cannabis law reform.

    Freckelton Ao Qc, Ian

    Monash bioethics review

    2021  Volume 39, Issue Suppl 1, Page(s) 4–25

    Abstract: This article situates the movement for the legalisation of medicinal cannabis within the bigger picture of the impetus toward recreational cannabis legalisation. It describes the role played by children with epileptic syndromes in the medicinal cannabis ... ...

    Abstract This article situates the movement for the legalisation of medicinal cannabis within the bigger picture of the impetus toward recreational cannabis legalisation. It describes the role played by children with epileptic syndromes in the medicinal cannabis law reform campaigns in the United Kingdom, and Queensland, New South Wales and Victoria in Australia. Noting the 'rule of rescue' and the prominence in media campaigns of children in Australian and English cases of parental disputation with clinicians about treatment for their children, it reviews whether paediatric epilepsy is a suitable test case for the legalisation of medicinal cannabis. Taking into account the vested commercial interests of Big Cannabis, the current medico-scientific knowledge of the efficacy of medicinal cannabis in controlling paediatric epileptic seizures, and issues of dignity, health privacy, and the enduring digital footprints of media coverage, the article commences discussion about the ethics of the media, parents, politicians and entrepreneurial doctors utilising parents' testimonials about the effects of medicinal cannabis as part of the cannabis law reform movement.
    MeSH term(s) Australia ; Cannabis ; Child ; Epilepsy/drug therapy ; Humans ; Legislation, Drug ; Medical Marijuana ; United Kingdom
    Chemical Substances Medical Marijuana
    Language English
    Publishing date 2021-10-31
    Publishing country United States
    Document type Journal Article ; Review
    ZDB-ID 2510076-2
    ISSN 1836-6716 ; 1321-2753
    ISSN (online) 1836-6716
    ISSN 1321-2753
    DOI 10.1007/s40592-021-00139-z
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  5. Article ; Online: COVID-19

    Freckelton QC, Ian

    International Journal of Law and Psychiatry

    Fear, quackery, false representations and the law

    2020  Volume 72, Page(s) 101611

    Keywords Pathology and Forensic Medicine ; Law ; Psychiatry and Mental health ; covid19
    Language English
    Publisher Elsevier BV
    Publishing country us
    Document type Article ; Online
    ZDB-ID 304429-4
    ISSN 1873-6386 ; 0160-2527
    ISSN (online) 1873-6386
    ISSN 0160-2527
    DOI 10.1016/j.ijlp.2020.101611
    Database BASE - Bielefeld Academic Search Engine (life sciences selection)

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  6. Article: COVID-19: Fear, quackery, false representations and the law

    Freckelton Qc, Ian

    Int J Law Psychiatry

    Abstract: Fear, anxiety and even paranoia can proliferate during a pandemic. Such conditions, even when subclinical, tend to be a product of personal and predispositional factors, as well as shared cultural influences, including religious, literary, film, and ... ...

    Abstract Fear, anxiety and even paranoia can proliferate during a pandemic. Such conditions, even when subclinical, tend to be a product of personal and predispositional factors, as well as shared cultural influences, including religious, literary, film, and gaming, all of which can lead to emotional and less than rational responses. They can render people vulnerable to engage in implausible conspiracy theories about the causes of illness and governmental responses to it. They can also lead people to give credence to simplistic and unscientific misrepresentations about medications and devices which are claimed to prevent, treat or cure disease. In turn such vulnerability creates predatory opportunities for the unscrupulous. This article notes the eruption of quackery during the 1889-1892 Russian Flu and the 1918-1920 Spanish Flu and the emergence during 2020 of spurious claims during the COVID-19 pandemic. It identifies consumer protection strategies and interventions formulated during the 2020 pandemic. Using examples from the United States, Japan, Australia and the United Kingdom, it argues that during a pandemic there is a need for three responses by government to the risks posed by conspiracy theories and false representations: calm, scientifically-based messaging from public health authorities; cease and desist warnings directed toward those making extravagant or inappropriate claims; and the taking of assertive and well publicised legal action against individuals and entities that make false representations in order to protect consumers rendered vulnerable by their emotional responses to the phenomenology of the pandemic.
    Keywords covid19
    Publisher WHO
    Document type Article
    Note WHO #Covidence: #642307
    Database COVID19

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  7. Article: Huntington's Disease and Fitness to Stand Trial: The State of Western Australia v Lowick [2016] WASC 339, Fiannaca J.

    Freckelton Qc, Ian

    Psychiatry, psychology, and law : an interdisciplinary journal of the Australian and New Zealand Association of Psychiatry, Psychology and Law

    2017  Volume 24, Issue 1, Page(s) 1–9

    Abstract: There is an extensive jurisprudence on fitness to stand trial and a substantial clinical literature on Huntington's disease. However, few commentators have given consideration to the circumstances in which the symptomatology of Huntington's disease may ... ...

    Abstract There is an extensive jurisprudence on fitness to stand trial and a substantial clinical literature on Huntington's disease. However, few commentators have given consideration to the circumstances in which the symptomatology of Huntington's disease may result in an accused person being determined unfit to participate in the criminal process. This paper scrutinises the reasoning of the Western Australian Supreme Court in
    Language English
    Publishing date 2017-02-19
    Publishing country England
    Document type Journal Article
    ZDB-ID 1331268-6
    ISSN 1934-1687 ; 1321-8719
    ISSN (online) 1934-1687
    ISSN 1321-8719
    DOI 10.1080/13218719.2017.1289832
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  8. Article ; Online: 'True crime' stories and psychiatrists' ethical responsibilities.

    Scott, Russ / Robertson, Michael / Freckelton Qc, Ian

    Australasian psychiatry : bulletin of Royal Australian and New Zealand College of Psychiatrists

    2020  Volume 29, Issue 4, Page(s) 396–401

    Abstract: Objective: In May 2018, a small paperback book was published, which briefly described 10 cases of persons charged with murder whom an Australian psychiatrist had assessed for the court. This article considers the ethical issues raised by identifying ... ...

    Abstract Objective: In May 2018, a small paperback book was published, which briefly described 10 cases of persons charged with murder whom an Australian psychiatrist had assessed for the court. This article considers the ethical issues raised by identifying both the persons charged with murder and their victims in newspaper articles and interviews to promote a book.
    Conclusions: When persons who have committed homicide are named in a 'true crime' book, their recovery trajectory may be prejudiced and the families of their victims may be re-traumatised. Such publications may also contribute to the stigmatisation of persons with mental illness who commit serious offences. Respect for the dignity of the person is fundamental to the ethical practice of forensic report-writing. There can never be any implied agreement or consent that a psychiatrist who writes a report for the court can also use the material in a book written for profit. The Royal Australian and New Zealand College of Psychiatrists
    MeSH term(s) Australia ; Homicide ; Humans ; New Zealand ; Psychiatry
    Language English
    Publishing date 2020-11-19
    Publishing country England
    Document type Journal Article
    ZDB-ID 2213198-X
    ISSN 1440-1665 ; 1039-8562
    ISSN (online) 1440-1665
    ISSN 1039-8562
    DOI 10.1177/1039856220970046
    Database MEDical Literature Analysis and Retrieval System OnLINE

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