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PER: Potchefstroomse Elektroniese Regsblad
On-line version ISSN 1727-3781
PER vol.18 n.1 Potchefstroom 2015
Legal aspects with regard to mentally ill offenders in South Africa
M Swanepoel
LLB LLM LLD. Associate Professor, Unisa, School of Law, Department of Jurisprudence. E-mail: email@example.com
The purpose of this note is to discuss legal aspects with regard to mentally ill offenders with specific reference to the defence raised as a result of mental illness. In order to fully understand this defence it is important to provide a clinical background on what forensic psychiatry is. It is also necessary to define certain clinical concepts such as the concept of mental illness, and the criteria for the classification of mental illnesses. This then leads to a discussion of the defence of mental illness. A conclusion is drawn at the end, with a summary of the findings.
Keywords: mental illness; mentally ill offenders; forensic psychiatry; defence with regard to mental illness; Criminal Procedure Act; Mental Health Care Act
1 Introduction
Burchell1 explains that mental illness may deprive persons of the capacity to appreciate the unlawfulness of their conduct. It may also deprive them of the capacity to control their conduct. Persons who suffers from a mental illness that has such an effect is said (in legal terms) not to be accountable due to their mental illness. The mentally ill, however, are a distinct subgroup within the penal system.2 The underlying premise of the defence of mental illness is that persons with mental illness are the victims of an affliction that causes them to behave in an abnormal manner due to their mental illness. They cannot be blamed for their conduct while afflicted by the illness as they lack criminal capacity, or their capacity is diminished. The test for capacity is entirely subjective,3 relating for example to the capacity of the particular accused person who is alleged to be mentally ill. This note discusses the concept of forensic psychiatry, which is relevant with regard to the defence of mental illness; the concept of mental illness; the defence of mental illness; and how mental illness is interpreted in criminal cases. A conclusion is then drawn to summarise the findings.
2 Forensic psychiatry
Forensic psychiatry operates at the interface of two disparate disciplines, namely law and psychiatry. Although most cases in forensic psychiatric practice produce little conflict, functioning at the interface of these two disciplines can lead to confusion and ethical dilemmas.4 Forensic psychiatry may be defined as follows:5
Forensic psychiatry is a subspecialty of psychiatry in which scientific and clinical expertise is applied to legal issues in legal contexts embracing civil, criminal, correctional or legislative matters; forensic psychiatry should be practised in accordance with guidelines and ethical principles enunciated by the profession of psychiatry.6
Most forensic psychiatrists do not see themselves as functioning outside of their medical and psychiatric roles. They see themselves (and probably generally are perceived) as utilising their medical and psychiatric skills and techniques.7 Controversy exists regarding to whom the forensic psychiatrist owes a duty. This problem is in part due to the fact that a standard doctor-patient relationship does not apply. Stone8 believes that psychiatry enters an ethical morass when it leaves the clinical situation, as in the case of forensic psychiatry. This is discussed further below, when reference is made to the use of diagnostic criteria with reference to forensic settings. In order to fully understand the defence of mental illness it is important to discuss the concept of mental illness in the paragraphs below.
3 The concept of mental illness
Mental illness is a disorder (or a disease) of the mind that is judged by experts to interfere substantially with a person's ability to cope with the demands of life on a daily basis. It can profoundly disrupt a person's thinking, feeling, moods and ability to relate to others. Mental illness is manifested in behaviour that deviates notably from normal conduct.9 According to Bartol10 the word "illness" encourages us to look for etiology, symptoms and cures and to rely heavily on the medical profession both to diagnose and to treat. The term mental illness need not imply that a person is sick, to be pitied, or even necessarily less responsible than others for his or her actions.11 According to the American Psychiatric Association12 no definition adequately specifies precise boundaries for the concept of "mental illness". This concept, like many other concepts in medicine and science, lacks a consistent operational definition that covers all situations. Mental illnesses have been defined by a variety of terms, such as distress, disadvantage, disability, inflexibility, irrationality, and statistical deviation. Each is a useful indicator for a mental illness, but none is equivalent to the concept, and different situations call for different definitions.
Mental illness in a clinical context is defined as:13
... a clinically significant behavioural or psychological syndrome or pattern that occurs in an individual and that is associated with present distress (for example a painful symptom) or disability (for example impairment in one or more important areas of functioning) or with a significantly increased risk of suffering death, pain disability, or an important loss of freedom. In addition, this syndrome or pattern must not be merely an expectable and culturally sanctioned response to a particular event, for example, the death of a loved one. Whatever its original causes, it must currently be considered a manifestation of a behavioural, psychological, or biological dysfunction in the individual. Neither deviant behaviour (for example, political, religious, or sexual) nor conflicts that are primarily between the individual and society are mental disorders unless the deviance or conflict is a symptom of a dysfunction in the individual...
Mental illness in a legal context is defined as:14
... a positive diagnosis of a mental health related illness in terms of accepted diagnostic criteria made by a mental health practitioner authorised to make such diagnosis.15
From a philosophical perspective, it is reasonably clear that there can be chronic mental malfunction when a person's capacities to respond to the world, to absorb and remember information, to respond with appropriate emotions and to form coherent plans are impaired. What is not so clear is whether the mind can be the self-contained locus of an illness, or whether mental malfunction should always be thought of as the by-product of physical or bodily illness or impairment. If the mind can be the self-contained locus of an illness, then the mind might be cured by mental means, such as conversation with a therapist. If not, the only effective responses would be medical or pharmacological. Therefore the issue of what mental illness is has practical as well as purely philosophical importance.16
Contrary to the concept of mental illness, "mental health" again is defined as the successful performance of mental function, resulting in productive activities, fulfilling relationships with other people and the ability to adapt to change and to cope with adversity.17
Using the discussion of the concept of mental illness as a background, a discussion of the system of classification of mental illness now follows.
4 System of classification of mental illness
Diagnoses and classifications in psychiatry have undergone tremendous changes in the last 40 years. Before the 1950s diagnoses were not only unreliable, but the terms in which they were formulated even had meanings that varied considerably across the world. By the end of that decade, "anti-psychiatrists", including Laing,18 and Szasz19 had started to suggest that diagnosis and classification in psychiatry should be abandoned, together with the concept of mental illness.20 In the 1960s the World Health Organisation instigated a world-wide programme aimed at improving the diagnosis and classification of mental disorders, fostering research into the reliability of diagnosis and classification. The mental health section of the International Classification of Diseases is currently in its 10th edition (ICD-10).21 The American Psychiatric Association developed its own classificatory system, the Diagnostic and Statistical Manual of Mental Disorders (DSM); the current classification, DSM-5-TR,22 was published in 2013.
An examination of a person with psychiatric or psychological problems begins with the attempt to recognise the individual pattern of symptoms and experiences that leads to the establishment of a specific psychiatric diagnosis. This diagnosis should be expressed in a particular nomenclature according to a recognised classification system. The fundamental purpose of diagnosis and classification in medicine is to define a group of discrete disease entities, each of which is characterised by a distinct pathophysiology and/or aetiology. However, for most psychiatric diseases the approach is based more on phenomenology than on pathophysiology and/or aetiology.23
The two main current systems of classification in South Africa are the ICD-10 and the DSM-5.24 It is important to note that there are textual differences between ICD-10 and DSM-5, but according to treaties between the United States and the World Health Organisation, the diagnostic code numbers must be identical to ensure the uniform reporting of national and international psychiatric statistics.25 ICD-10 is a uniaxial system which attempts to standardise by using descriptive definitions of the syndromes and operational criteria, as well as by producing directives on differential diagnosis. DSM-5 is a multiaxial system which relies on operational criteria rather than descriptive definitions. It states which symptoms need to be present (often quantifying their number and requiring a specific length of time for the symptoms to be present) as well as exclusion criteria.26
A multiaxial system involves an assessment on several axes, each of which refers to a different domain of information that may help the clinician plan treatment and predict outcome.27 The use of the multiaxial system facilitates comprehensive and systematic evaluation with attention to the various mental disorders and general medical conditions, psycho-social and environmental problems as well as the level of functioning that might be overlooked if the focus were on assessing a single presenting problem.28
5 Types of classification of mental illness
Traditionally, mental illness is differentiated into mental retardation29 (learning disability, in which features of the disorder have been present from birth or an early age), personality disorder (usually present from childhood or adolescence), mental illness (where there is an identifiable onset of illness preceded by normal functioning), adjustment disorder (less severe than mental illness, occurring in relation to stressful events or changed circumstances), disorders of childhood and other disorders (those which do not fit into any other group, including behavioural disorders and substance misuse). Mental illness has traditionally been differentiated into organic and functional (psychotic30 and neurotic31) types.32
For the purposes of this contribution, where the defence of mental illness is discussed, it is important to refer to the use of DSM in forensic settings, because the use of DSM in forensic setting might cause some problems as discussed in the paragraphs below.
6 The use of DSM-5 in forensic settings33
Misuse or misunderstanding of medical diagnoses should concern all physicians, no matter what the setting. The accuracy and reliability of psychiatric and psychological diagnoses in legal settings are particularly important, because diagnosis often influences court findings, financial judgments, the liberty interests of defendants, and even social policy. We therefore need the highest possible confidence level for diagnoses and other contributions in legal settings.34 The law does not set the threshold for determining clinical illness, but it does determine "what particular forms and degree of psychopathology it will recognise as exculpatory" or otherwise relevant to the court's needs. Individual behaviour and functioning are more important than diagnostic labels, although the psychiatrist or psychologist may have to convince the judge of that fact.35
DSM-5 is a classification of mental disorders that was developed for use primarily in clinical, educational and research settings. According to the American Psychiatric Association36 there are significant risks that diagnostic information will be misused or misunderstood when the DSM-5 categories, criteria and textual descriptions are employed for forensic purposes. These dangers arise because of the imperfect fit between the questions of ultimate concern to the law and the information contained in a clinical diagnosis. In most situations, the clinical diagnosis of a DSM-5 mental disorder is not sufficient to establish the existence for legal purposes of a mental disorder, mental disability, mental disease or mental defect. In determining whether or not an individual meets a specified legal standard, (for example, competence, criminal responsibility or disability), additional information is usually required beyond that contained in the DSM-5 diagnosis. This might include information about the individual's functional impairments and how these impairments affect the particular abilities in question. It is precisely because impairments, abilities and disabilities vary widely within each diagnostic category that the assignment of a particular diagnosis does not imply a specific level of impairment or disability. However, by providing a compendium based on a review of the pertinent clinical and research literature, DSM-5 may facilitate the legal decision maker's understanding of the relevant characteristics of mental disorders.
According to Allan,37 when asked to give a diagnosis in legal settings practitioners should be mindful of the tentative nature of psychiatric diagnoses and that courts require that such a diagnosis must have scientific credibility. South African courts have not been explicit on how they determine the credibility of scientific evidence.
Vorster38 argues that Allan appears to overstate the tentative status of psychiatric diagnostic categories by giving little weight to the large body of systematic research on which these diagnostic categories are based. Allan makes the point that the diagnosis must be generally accepted by other experts in the field. His comments, although valuable, are less pertinent to the South African context where the situation is quite different. In South African courts there are usually no experts available other than the one giving the evidence. Allan concedes in his article that the DSM contains disorders that are controversial. According to Vorster, the converse can also be stated; for example, that psychiatric disorders that may be pertinent are not included. Peer review and publication should be included. In South African courts these are frequently accepted with the presentation of a single source of reference discouraged. Fortunately case law is vital and the system of precedence is always followed. Allan fails to refer to the importance of this procedure. However, he makes the important point that making a psychiatric diagnosis is only the beginning of the task of a forensic psychiatrist. Vorster further states that if forensic diagnoses and assessments are to be reliable and credible, it is essential that forensic psychiatrists and not interfering relatives or legal representatives be in control of the psychiatric examination.
Stevens refers to Sales and Shuman, who state that whereas diagnosis in clinical settings is an evolving phenomenon that the clinician can modify as therapy proceeds, a forensic assessment in most instances is a snapshot described on the witness stand. Finally, although the questions sought to be answered in clinical settings are defined by the clinician and the patient, the questions raised in the forensic setting are defined by the law without regard to their grounding in constructs that respond to clinical or scientific knowledge.39
7 The defence of mental illness
7.1 Mental illness as a defence
7.1.1 Fitness to stand trial
Since 1977 the defence of insanity in South Africa has been governed by statute.40 In terms of section 77 of the Criminal Procedure Act, an accused who suffers from mental illness or defect may as a result not be fit to stand trial.41 The enquiry into the capacity of the accused to understand the nature of the trial process is seen as a preliminary issue that has to be finalised before the issue of criminal responsibility for the conduct is examined. Burchell42 argues that this approach can severely prejudice an accused who has a defence to the charge or where the State has a weak case against him or her. The Criminal Matters Amendment Act43addresses this problem. Section 3(b) of this Act provides that the court may order that such evidence be placed before the court so as to determine whether or not the accused committed the act. This enquiry can be initiated by the prosecution, the defence, or the court of its own accord. The court usually relies on medical evidence and must be satisfied that there is a reasonable suspicion that the accused lacks the capacity to appreciate the nature of the trial proceedings or to conduct a proper defence.44 Such a capacity to understand can be challenged at any stage of the proceedings.45
7.1.2 The test to determine criminal responsibility
If the defence of insanity is raised, the test to determine the accused's criminal responsibility must be applied. This test is set out in section 78(1) of the Crimnnal Procedure Act. Section 78(1) reads as follows:
A person who commits an act which constitutes an offence and who at the time of such commission suffers from a mental illness or mental defect which makes him incapable -
(a) of appreciating the wrongfulness of his act; or
(b)of acting in accordance with an appreciation of the wrongfulness of his act, shall not be criminally responsible for such act.
It is clear from the content of section 78(1) that the words "an act which constitutes an offence" do not refer to an offence for which the accused is liable, but only to an act which corresponds to the definitional elements of the relevant crime.
It is important to note that since the decision of the court depends on the facts and the medical evidence of each case, Rumpff JA stated in S v Mahl'nza46that it is impossible and dangerous to attempt to lay down any general symptom by which a mental illness could be recognised as a mental "disease" or "defect". Therefore, for the purposes of the insanity defence in South Africa there is no formal definition of mental illness. However, the court held in S v Stellmacher47that in order to constitute a mental illness or defect it must at least consist in: "[A] pathological disturbance of the accused's mental capacity and not a mere temporary mental confusion which is not attributable to a mental abnormality but rather to external stimuli such as alcohol, drugs or provocation." In S v Chretien the accused, after driving away from a party at which he had been drinking, drove into a crowd of people, killing one and injuring five others. He was acquitted on the basis of his lack of intention due to his level of intoxication. The court, however, accepted that there were degrees of intoxication and depending on the extent to which an individual was intoxicated, his or her intoxication could impair either his or her intention, criminal capacity or the voluntariness of the conduct. Due to tremendous criticism with regard to Chretien's being acquitted due to a lack of intention, the legislature enacted a special offence in the Criminal Law Amendment Act 1 of 1988 that made it a criminal offence when the level of the accused's intoxication was such that he or she lacked capacity.
Furthermore, every person is presumed not to suffer from a mental illness or mental defect so as not to be criminally responsible in terms of section 78(1) until the contrary is proved on a balance of probabilities.48 Whenever the criminal responsibility of an accused with reference to the commission of an act or an omission which constitutes an offence is in issue, the burden of proof with reference to the criminal responsibility of the accused shall be on the party who raises the issue.49
In terms of section 78(2), if it is alleged at criminal proceedings that the accused is by reason of mental illness or mental defect or for any other reason not criminally responsible for the offence charged, or if it appears to the court at criminal proceedings that the accused might for such a reason not be so responsible, the court must in the case of an allegation or appearance of mental illness or mental defect, and may, in any other case, direct that the matter be enquired into and be reported on in accordance with the provisions of section 79.50
In the case of S v Kavin,51Kavin was charged on three counts of murder. He took a gun one evening and shot his wife and two children. When his sister asked him what was going on, he replied that it was only a car backfiring. His defence was one of insanity. An inquiry in terms of section 78 of the Criminal Procedure Act was held. Kavin suffered from severe reactive depression super-imposed on a type of personality disorder displaying immature and unreflective behaviour. In the opinion of Dr Shubitz and Dr Garb it produced a state of dissociation. Both these psychiatrists as well as Prof Bodemer agreed that Kavin could not act in accordance with an appreciation of the unlawfulness of his act. They based their opinion on the basis of progressive depression. He was therefore not regarded as being criminally responsible for the acts in question. He was thereafter admitted into a psychiatric clinic in terms of section 78(6) of the Criminal Procedure Act.
7.1.3 Panel for the purposes of enquiry and report under sections 77 and 78
In terms of section 79 of the Criminal Procedure Act, the court can refer an accused at any stage of the trial for a psychiatric or psychological assessment of his or her mental state with reference to either section 77 or 78 of the Criminal Procedure Act. The Act distinguishes between offences that involve serious violence and those that are non-violent.52 The accused is usually admitted to a state psychiatric hospital under a warrant for a period of observation of 30 days. Effectively the court must appoint a panel of two or three psychiatrists if the alleged offence involved serious violence. The court has the discretion to appoint a clinical psychologist as well. The court may, for the purposes of the relevant enquiry, commit the accused to a psychiatric hospital or to any other place designated by the court for such periods not exceeding thirty days at a time as the court may from time to time determine, and where an accused is in custody when so committed, he or she shall, while so committed, be deemed to be in the lawful custody of the person or the authority in whose custody he or she was at the time of such committal.53 When the period of committal is extended for the first time under paragraph (a), such an extension may be granted in the absence of the accused unless the accused or his or her legal representative requests otherwise.54
According to Kaliski,55 it is important to note that the critical first stage in any assessment is to determine whether the accused is suffering from a mental illness or whether there are other psychological or psychiatric factors that are associated with the terms of referral. The Criminal Procedure Act requires that mental illness or defect must be present before the question of whether the accused is fit to stand trial or criminally responsible can be examined. However, the courts will demand a variety of deeper insights into the accused and his or her behaviour. Consequently, it is good practice to conduct complete clinical examinations and to learn how to anticipate the court's requirements.
With reference to S v Van As,56 the role of the expert witness is not to take over or replace the function or duties of the court. The court has to debate and decide on every fact.
8 Conclusion
This contribution has sought to provide an overview of some clinical aspects of psychiatry as well as an explanation of its functioning in forensic settings. It has further included discussion with regard to the classification and diagnosis of mental illness in clinical and forensic settings and provided an explanation of the concept of mental illness, which served as a background for the discussion on the defence of mental illness.
It is clear from the discussion above that psychiatrists work to develop a valid and reliable body of scientific knowledge based on research. They apply that knowledge to human behaviour in a variety of contexts. In doing so they perform many roles, such as researcher, educator, diagnostician, therapist, supervisor, social interventionist and expert witness. Their goal is to broaden the knowledge of behaviour and, where appropriate, to apply it pragmatically to improve the condition of both the individual and society. They further strive to help mentally ill persons in developing informed judgments and choices about their treatment and behaviour.
Psychiatrists are also important role players in the legal environment. As explained by Allan in view of the tentative nature of psychiatric and psychological disorders, it is imperative that practitioners remind themselves and legal practitioners that diagnostic constructs should be used with caution in legal settings, preferably only if the diagnosis satisfies the legal perception of scientific credibility. This means that at the very least the witness must be able to demonstrate that the disorder is generally accepted as evidenced by its inclusion in a diagnostic manual and/or published peer reviews. Even then a diagnosis should be given only if the required diagnostic criteria are present. A competent witness should also have data on the other indicators of scientific credibility that may also be relevant, depending on the specific issues contested in the case.
It remains a fact, however, that psychiatrists and psychologists encounter legal and ethical conflicts whenever they enter the courtroom. Their approach must not be simply diagnostic, simply ethical or simply legal. They must be able to translate their findings for the court, but these findings must come from clinical experience, not from some solely legal or ethical perspective. The legal system needs psychiatric and psychological knowledge about the interfaces of mental disorders, function and behaviour. However, after they have provided their opinions, the psychiatrists must leave the legal issues to the legal practitioners, and the final determination in relation to a defence of mental illness must be left to the judge.57
Ainsworth P et al Understanding Mental Retardation (University Press of Mississippi Jackson 2004) [ Links ]
Allan A "Psychiatric Diagnosis in Legal Settings" 2005 SAJP 52-55 [ Links ]
American Psychiatric Association Diagnostic and Statistical Manual of Mental Illness (American Psychiatric Association Washington DC 1994) [ Links ]
Arrigo BA Punishing the Mentally Ill: A Critical Analysis of Law and Psychiatry (State University of New York Press Albany 2002) [ Links ]
Baker RA Mind Games: Are We Obsessed with Therapy?(Prometheus New York 1996) [ Links ]
Bartol CR et al Criminal Behaviour: A Psychosocial Approach (Pearson Education New Jersey 2008) [ Links ]
Burchell JM "A Provocative Response to Subjectivity in the Criminal Law" 2003 Acta Juridica 23-47 [ Links ]
Burchell JM Cases and Materials on Criminal Law (Juta Cape Town 2007) [ Links ]
Burchell JM Principles of Criminal Law (Juta Cape Town 2013) [ Links ]
Craig E (ed) Routledge Encyclopedia of Philosophy (Routledge London 1998) [ Links ]
Diamond BL "Reasonable Medical Certainty, Diagnostic Thresholds, and Definitions of Mental Illness in the Legal Context" 1985 Bul Am Acad Psych & L 121-128 [ Links ]
Diamond BL and Quen JM The Psychiatrist in the Courtroom: Selected Papers of Bernard L Diamond (Analytic Press New Jersey 1994) [ Links ]
Gibson J and Huemer W (eds) The Literary Wittgenstein (Routledge London 2004) [ Links ]
Goldenson RM Longman Dictionary of Psychology and Psychiatry (Longman Broadway NY 1984) [ Links ]
Kaliski S "The Criminal Defendant" in Kaliski S (ed) Psychological Assessment in South Africa (Oxford University Press Cape Town 2007) 93-111 [ Links ]
Katona C and Robertson M Psychiatry at a Glance (Wiley-Blackwell Oxford 2005) [ Links ]
Miller G RD Laing (Edinburgh University Press Edinburgh 2005) [ Links ]
Pretorius H "Classification" in Robertson B, Allwood C and Gagiano C (eds) Textbook of Psychiatry for Southern Africa (Oxford University Press Cape Town 2007) 7-13 [ Links ]
Prins H "Foreword" in Wix S et al Multidisciplinary Working in Forensic Mental Health (Elsevier Health Sciences London 2005) ix [ Links ]
Reader's Digest Home Doctor Library Illustrated Family Medical Encyclopaedia (Readers Digest London, Cape Town 1997) [ Links ]
Reid WH, Wise MG and Sutton B "The Use and Reliability of Psychiatric Diagnosis in Forensic Settings" 1992 Psychiatr Clin North Am 529-537 [ Links ]
Sadock BJ and Sadock VA (eds) Kaplan and Sadock's Synopsis of Psychiatry: Behavioural Sciences/Clinical Psychiatry (Lippincott, Williams & Wilkins Philadelphia 2007) [ Links ]
Slade AL A Bibliography of Works by and about Thomas Stephen Szasz MD, 1947-1975 (University of Waterloo Ontario 1976) [ Links ]
Stevens GP The Role of Expert Evidence in Support of the Defence of Criminal Incapacity (LLD-thesis University of Pretoria 2011) [ Links ]
Stone AA "The Right to Treatment: Comments on the Law and its impact" 1975 Am J Psychiatry 1125-1134 [ Links ]
Thompson ML Mental Illness (Greenwood Press Westport 2007) [ Links ]
Vorster M "Psychiatry in the Medico-legal Setting" 2005 SAJP 42 [ Links ]
Weinstock R, Leong GB and Silva JA "Defining Forensic Psychiatry: Roles and Responsibilities" in Rosner R (ed) Principles and Practice of Forensic Psychiatry (Chapman & Hall New York 1994) 7-12 [ Links ]
Case law
S v Chretien 1981 1 SA 1097 (A)
S v Kavin 1978 2 SA 731 (W)
S v Leeuw 1987 3 SA 97 (A)
S v Mahinnza 1967 1 SA 408 (A)
S v Stellmacher 1983 2 SA 181 (SWA)
S v Van As 1991 2 SACR 74 (W)
Criminal Law Amendment Act 1 of 1988
Criminal Matters Amendment Act 68 of 1998
Criminal Procedure Act 51 of 1977
Mental Health Care Act 17 of 2002
Government publications
Report of the Commission of Inquiry into the Responsibility of Mentally Deranged Persons and Related Matters (RP 69/1967)
AAPL American Academy of Psychiatry and the Law
ABFP American Board of Forensic Psychiatry
Am J Psychiatry American Journal of Psychiatry
Bull Am Acad Psych & L Bulletin of the American Academy of Psychiatry and Law
DSM Diagnostic and Statistical Manual of Mental Disorders
ICD International Classification of Diseases
Psychiatr Clin North Am Psychiatric Clinics North America
SAJP South African Journal of Psychiatry
1 Burchell Principles of Criminal Law 271.
2 Arrigo Punishing the Mentally Ill 105.
3 See Burchell 2003 Acta Juridica 23.
4 Weinstock, Leong and Silva "Defining Forensic Psychiatry" 7.
5 This definition of forensic psychiatry was adopted by the American Board of Forensic Psychiatry (ABFP) and the American Academy of Psychiatry and the Law (AAPL). See Weinstock, Leong and Silva "Defining Forensic Psychiatry" 7.
6 Also see Prins "Foreword" xi, who prefers to use the term "forensic mental health", because it reflects shifts in emphasis in a number of dimensions in the field of psychiatry. According to him there is an increasing recognition that work with mentally ill offenders needs to encompass a very wide range of disciplines if the many and varied needs of this group of individuals are to be met. This trend does not diminish the importance of psychiatry, but serves to recognise the many-faceted elements in the challenges that offenders and offender-patients represent. The term "forensic mental health" would therefore then include, for example, law, management, psychiatry, psychology, social work and probation, as well as pharmacy.
7 Weinstock, Leong and Silva "Defining Forensic Psychiatry" 9.
8 Stone 1975 Am J Psychiatry 1125.
9 Bartol et al Criminal Behaviour 228-229.
10 Bartol et al Criminal Behaviour 228-229.
11 A term that must be distinguished from mental illness is "mental retardation", which is professionally known as developmental disability. This is a cognitive deficiency measured by IQ tests (specifically, IQ below 70) which cannot be cured. It is a syndrome of delayed or disordered brain development evident before age 18 years. It results in difficulty in learning the information and skills needed to adapt quickly and adequately to environmental changes. See Ainsworth et al Understanding Mental Retardation 3.
12 American Psychiatric Association Diagnostic and Statistical Manual xxi.
13 According to the American Psychiatric Association the term "mental disorder" unfortunately implies a distinction between "mental disorders" and "physical disorders", which is a reductionistic anachronism of mind/body dualism. A compelling literature documents that there is much "physical" in "mental disorders" and much "mental" in "physical disorders". However, the problem raised by the term "mental disorder" has been much clearer than its solution, and the term will have to persist until an appropriate substitute is found. See American Psychiatric Association Diagnostic and Statistical Manual xxi. Also see the definition of mental disorder according to ICD-10: "a mental disorder is a clinically recognisable collection of symptoms or behaviour associated in most cases with distress or interference with personal functions. A deviant pattern of behaviour, whether political, religious, or sexual, or a conflict between an individual and society, is not a mental disorder unless it is symptomatic of a dysfunction in the individual".
14 S 1 of the Mental Heatth Care Act 17 of 2002.
15 Also see the definition of "severe or profound intellectual disability": "a range of intellectual functioning extending from partial self-maintenance under close supervision, together with limited self-protection skills in a controlled environment through limited self-care and requiring constant aid and supervision, to severely restricted sensory and motor functioning and requiring nursing care". S 1 of the Mental Health Care Act 17 of 2002.
16 For interesting views of the philosophy of mental illness or health, see Gibson and Huemer Literary Wittgenstein 267; and further, Craig Routledge Encyclopedia of Philosophy 314-316.
17 Thompson Mental Illness 4. Also see the definition of "mental health status": "the level of mental well-being of an individual as affected by physical, social and psychological factors and which may result in a psychiatric diagnosis". See s 1 of the Mental Health Care Act 17 of 2002.
18 (1927-1989.) Ronald David Laing was a Scottish psychiatrist who wrote extensively on mental illness - in particular, the experience of psychosis. Laing's views on the causes and treatment of serious mental dysfunction (greatly influenced by existential philosophy) ran counter to the psychiatric orthodoxy of the day by taking the expressed feelings of the individual patient or client as valid descriptions of lived experience rather than simply as symptoms of some separate or underlying disorder. Often associated with the anti-psychiatry movement, he himself rejected the label as such, as did certain others critical of conventional psychiatry at the time. See Miller RD Laing 7, 19.
19 (1920-.) Thomas Stephen Szasz is a Professor Emeritus of Psychiatry at the State University of New York Health Science Center in Syracuse, New York. He is a prominent figure in the anti-psychiatry movement, a well-known social critic of the moral and scientific foundations of psychiatry, and of the social control aims of medicine in modern society, as well as of scientism. He is well known for his books: The Myth of Mental Illness (1960); and The Manufacture of Madness: A Comparative Study of the Inquisition and the Mental Health Movement (1970), which set out some of the arguments with which he is most associated. See Slade Bibliography of Works 1.
20 The term anti-psychiatry usually refers to a movement that emerged in the 1960s, which is hostile to most of the fundamental assumptions and common practices of psychiatry. The term anti-psychiatry was first used by the South African psychiatrist David Cooper in 1967. Two central contentions of the anti-psychiatry movement are that: (1) the specific definitions of, or criteria for, hundreds of current psychiatric diagnoses or disorders are vague and arbitrary, leaving too much room for opinions and interpretations to meet basic scientific standards; and (2) prevailing psychiatric treatments are ultimately far more damaging than helpful to patients. See Baker Mind Games 1-9.
21 The ICD-10 is currently being reworked to ICD-11 but the process has not yet been finalised.
22 TR stands for "text revision".
23 Pretorius "Classification" 7.
24 Allan 2005 SAJP 55.
25 Sadock and Sadock Synopsis of Psychiatry viii.
26 Katona and Robertson Psychiatry at a Glance 11.
27 American Psychiatric Association Diagnostic and Statistical Manual 25.
28 A multiaxial system further provides a convenient format for organising and communicating clinical information, for capturing the complexity of clinical situations, and for describing the heterogeneity of individuals presenting with the same diagnosis. In addition, this system promotes the application of the bio-psychosocial model in clinical, educational and research settings. American Psychiatric Association Diagnostic and Statistical Manual 25.
29 "Mental retardation", professionally known as developmental disability. This is a cognitive deficiency measured by IQ tests (specifically, IQ below 70), which cannot be cured. It is a syndrome of delayed or disordered brain development evident before age 18 years. It results in difficulty learning information and skills needed to adapt quickly and adequately to environmental changes. See Ainsworth et al Understanding Mental Retardation 3.
30 Psychosis is defined as a severe mental disorder of organic or functional origin characterised by gross impairment in reality testing. The individual incorrectly evaluates the accuracy of his perceptions and thoughts and makes incorrect inferences about external reality, even in the face of contrary evidence. Specific symptoms indicative of psychosis are delusions, hallucinations, markedly incoherent speech, disorientation and confusion. Psychotic individuals have little or no insight into their symptoms and are so impaired that they cannot meet the usual demands of life. Goldenson Longman Dictionary''psychosis" 607.
31 Psychoneurosis is a mild or moderately severe emotional disorder. It is sometimes simply called neurosis. The patient is able to lead a fairly normal life, but often suffers from feelings of depression, anxiety or inadequacy. Everyone experiences some symptoms of neurosis, particularly when under a strain. A neurotic person experiences these uncontrollable feelings frequently when there is no apparent cause. Neurosis is defined as an emotional or mental disorder accompanied by obsessional behaviour. Obsessions include excessive anger, anxiety or jealousy, or a phobia (an unreasoned fear of hatred such as agoraphobia), or an excessive fear of open spaces. See Reader's Digest Family Medical Encyclopaedia "psychoneurosis" 279; "neurosis" 238.
32 Katona and Robertson Psychiatry at a Glance 11.
33 This discussion is limited to diagnoses in forensic settings.
34 Reid, Wise and Sutton 1992 Psychiatr Clin North Am 529.
35 Diamond 1985 Bull Am Acad Psych & L 126.
36 American Psychiatric Association Diagnostic and Statistical Manual xxiii-xxiv.
37 Allan 2005 SAJP 52.
38 Vorster 2005 SAJP 42.
39 Stevens Role of Expert Evidence 55.
40 Ss 77-79 of the Criminal Procedure Act 51 of 1977. Also the Report of the Commission of Inquiry into the Responsibility of Mentally Deranged Persons and Related Matters (RP 69/1967) (also called the Rumpff Report).
41 S 77(1) of the Criminal Procedure Act 51 of 1977: "(1) If it appears to the court at any stage of criminal proceedings that the accused is by reason of mental illness or mental defect not capable of understanding the proceedings so as to make a proper defence, the court shall direct that the matter be enquired into and be reported on in accordance with the provisions of section 79."
42 Burchell Principles of Criminal Law 372.
43 The Criminal Matters Amendment Act 68 of 1998.
44 The question of fitness to stand trial is determined by a psychiatric examination and report. Persons who are found not be fit to stand trial are detained in a mental hospital or prison until they become fit to be tried. See s 77(6) and s 77(7) of the Criminal Procedure Act 51 of 1977. For further reading, see S v Leeuw 1987 3 SA 97 (a) 17. In this case two psychiatrists, Prof WH Wessels and Dr PJ Gouse, reported in para [4] as follows: "Hy is weens verstandelike vertraging nie in staat om hofverrigtinge dermate te begryp dat hy sy verdediging na behore kan voer nie. ... Hy was weens verstandelike vertraging ten tyde van die betrokke handeling nie in staat om die ongeoorloofdheid daarvan te besef of om ooreenkomstig 'n besef van die ongeoorloofdheid van die betrokke handeling op te tree nie. Hy is dus nie strafregtelik toerekenbaar nie."
45 Burchell Principles of Criminal Law 372.
46 S v Mahlinza 1967 1 SA 408 (A) 417.
47 S v Stellmacher 1983 2 SA 181 (SWA) 187. In this case the accused had been on a strict weight-loss diet for a period of weeks and also performed strenuous physical labour on the day in question. He consumed at least half a bottle of brandy the evening. According to him there was in the bar a strong reflection of the setting of the sun in his eyes which shone through an empty bottle. As a result, he lapsed into an automatistic state, during which he began shooting at people in the bar, killing one person. The question was whether the accused had suffered from a mental illness as contemplated in s 78 of the Criminal Procedure Act 51 of 1977. The state did not prove beyond reasonable doubt that the conduct of the accused was indicative of a pathological disorder which is not due to a temporary clouding of the mind not attributable to a mental abnormality. A foundation was laid in the evidence for a reliance on lack of criminal responsibility not caused by mental illness. Bearing in mind the reasonable doubt which exists regarding the cause of his lack of criminal responsibility, the accused had to be given the benefit of the doubt. He was found not guilty and discharged. See Burchell Cases and Materials on Criminal Law 356.
48 S 78(1)(A) of the Crimnnal Procedure Act 51 of 1977.
49 S 78(1)(B) of the Crimnnal Procedure Act 51 of 1977.
50 Also see s 78(3-8) of the Crimnnal Procedure Act 51 of 1977: " (3) If the finding contained in the relevant report is the unanimous finding of the persons who under section 79 enquired into the relevant mental condition of the accused, and the finding is not disputed by the prosecutor or the accused, the court may determine the matter on such report without hearing further evidence. (4) If the said finding is not unanimous or, if unanimous, is disputed by the prosecutor or the accused, the court shall determine the matter after hearing evidence, and the prosecutor and the accused may to that end present evidence to the court, including the evidence of any person who under section 79 enquired into the mental condition of the accused. (5) Where the said finding is disputed, the party disputing the finding may subpoena and cross-examine any person who under section 79 enquired into the mental condition of the accused. (6) If the court finds that the accused committed the act in question and that he or she at the time of such commission was by reason of mental illness or mental defect not criminally responsible for such act - (a) the court shall find the accused not guilty; or (b) if the court so finds after the accused has been convicted of the offence charged but before sentence is passed, the court shall set the conviction aside and find the accused not guilty, by reason of mental illness or mental defect, as the case may be, and direct - (i) in a case where the accused is charged with murder or culpable homicide or rape or another charge involving serious violence, or if the court considers it to be necessary in the public interest that the accused be - (aa) detained in a psychiatric hospital or a prison pending the decision of a judge in chambers in terms of section 29(1)(a) of the Mental Health Act, 1973 (Act No. 18 of 1973); (bb) admitted to, detained and treated in an institution stated in the order in terms of Chapter 3 of the Mental Health Act, 1973 (Act No. 18 of 1973), pending discharge by a hospital board in terms of section 29(4A)(a) of that Act; (cc) treated as an outpatient in terms of section 7 of that Act pending the certification by the superintendent of that institution stating that he or she need no longer be treated as such; (dd) released subject to such conditions as the court considers appropriate; or (ee) released unconditionally; (ii) in any other case than a case contemplated in subparagraph (i), that the accused - (aa) be admitted to, detained and treated in an institution stated in the order in terms of Chapter 3 of the Mental Health Act, 1973 (Act No. 18 of 1973), pending discharge by a hospital board in terms of section 29(4A)(a) of that Act; (bb) be treated as an out-patient in terms of section 7 of that Act pending the certification by the superintendent of that institution stating that he or she need no longer be treated as such; (cc) be released subject to such conditions as the court considers appropriate; or (dd) be released unconditionally. (7) If the court finds that the accused at the time of the commission of the act in question was criminally responsible for the act but that his capacity to appreciate the wrongfulness of the act or to act in accordance with an appreciation of the wrongfulness of the act was diminished by reason of mental illness or mental defect, the court may take the fact of such diminished responsibility into account when sentencing the accused. (8) (a) An accused against whom a finding is made under subsection (6) may appeal against such finding if the finding is not made in consequence of an allegation by the accused under subsection (2). (b) Such an appeal shall be made in the same manner and subject to the same conditions as an appeal against a conviction by the court for an offence. (9) Where an appeal against a finding under subsection (6) is allowed, the court of appeal shall set aside the finding and the direction under that subsection and remit the case to the court which made the finding, hereupon the relevant proceedings shall be continued in the ordinary course."
51 S v Kavin 1978 2 SA 731 (W).
52 See s 79(1)(a)(b) of the Criminal Procedure Act 51 of 1977: "78 - (1) Where a court issues a direction under section 77 (1) or 78 (2), the relevant enquiry shall be conducted and be reported on - (a) where the accused is charged with an offence other than one referred to in paragraph (b), by the medical superintendent of a psychiatric hospital designated by the court, or by a psychiatrist appointed by such medical superintendent at the request of the court; or (b) where the accused is charged with murder or culpable homicide or rape or another charge involving serious violence, or if the court considers it to be necessary in the public interest, or where the court in any particular case so directs - (i) by the medical superintendent of a psychiatric hospital designated by the court, or by a psychiatrist appointed by such medical superintendent at the request of the court; (ii) by a psychiatrist appointed by the court and who is not in the full-time service of the State; (iii) by a psychiatrist appointed for the accused by the court; and (iv) by a clinical psychologist where the court so directs."
53 S 79(2)(a) of the Criminal Procedure Act 51 of 1977.
54 S 79(2)(b) of the Criminal Procedure Act 51 of 1977.
55 Kaliski "Criminal Defendant" 110-111.
56 S v Van As 1991 2 SACR 74 (W).
57 Reid, Wise and Sutton 1992 Psychiatr Clin North Am 529.


text:
User Agreement
This User Agreement (hereinafter referred to as Agreement) regulates the legal relationships between the website https://flagma-ar.com/en/ (hereinafter referred to as Website), represented by its owner Sole Proprietor Prokaieva V.A., the city of Dnipro, Ukraine (hereinafter referred to as Administration) and a capable individual that joined the present Agreement (hereinafter referred to as User) in the self-interest, or acting on behalf of and in the interest of the legal entity represented by them.
General provisions
The Agreement shall be considered concluded without any reservations and exceptions at the time of any interaction of the User with the Website, and the User shall confirm that they agree with all the terms of the Agreement. If the User does not agree with the Agreement in whole or in part, the Administration shall kindly ask them to leave the Website.
The registered User shall further agree to meet the terms and conditions of the Agreement at the time of registration or when changing registration data, in accordance with the corresponding text under the button "Register".
Legal relationship between the User and the Administration under this Agreement shall be governed by the laws of Ukraine.
Website services
The Website provides services in the field of viewing and posting information added by the Users for the purpose of sale or purchase of goods and services, search for employees and job search, as well as comments to the available information on the Website.
All transactions shall be concluded directly between the users. The Administration shall not be a party to the transactions between the Users; it only provides the online platform for posting information.
The Administration shall not check the accuracy of information specified by the Users, and shall not be liable to any third parties for the accuracy and reliability of this information.
Placing information on the Website
The Administration has the right to publish in full or in part the totality of registration data of the User (hereinafter referred to as Account) in any categories of the Website and partner websites. The User agrees that the administration has the right to collect, process and store the User Account on the Website for the purpose of execution of this Agreement.
A registered User shall be personally responsible for the safekeeping of their login and password pair specified at the registration or subsequent change of thereof, and shall be fully responsible for all the activities that will be performed by the User or any other person while using their login and password pair. The User shall be obliged to immediately change their password if they have any suspicions that their login and password pair became disclosed or can be used by third parties.
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subset: commoncrawl


text:
New Delhi: Ajmal Kasab, the face of the dastardly 26/11 terror strike on Mumbai who was hanged, had begged for "daya" (mercy) from the President through his four-line clemency plea written in elementary Urdu.
The hand written petition dated September 12, 2012, which has been made public more than a month after Kasab was hanged, shows glaring Urdu language errors.
The application has been provided to Lucknow-based activist Urvashi Sharma under the Right to Information Act. In his brief application, Kasab pleaded, "Sir, mujhe fansi ki saza Supreme Court ho gayi hai. Fansi ki saza se mujhe chorr diya jaye. Mere upar daya karo aur muje fansi ki se riha kar de. Apka Ajmal Kasab (sic)."
It was translated by the Jail Authorities as, "Sir, I have been sentenced by Supreme Court for capital punishment (Hanged till death). It is most humbly and respectfully
pleaded to spare me from death sentence and also get me released from the gallows. It is my humble request. Yours"
The mercy petition was rejected by President Pranab Mukherjee on November 5, 2012.
Pakistani citizen Kasab, the sole surviving terrorist from the 26/11 terror attack, was hanged to death at the Yerawada Jail in Pune on November 21, 2012. He was among the ten terrorists who had entered Mumbai through sea route on November 26, 2008 and launched a three-day mayhem which killed 166 people.
25-year-old Kasab had been lodged in the Arthur Jail Road here ever since he was arrested immediately after the attack in 2008. He was convicted and given capital punishment by the trial court on May 6, 2010 which was upheld by the Bombay High Court on February 21, 2011. The Supreme Court subsequently upheld the sentence on August 29, 2012.


text:
Druid City Media's print division produces a variety of newspapers and magazines across the state of Alabama and the Southeast. DCM's print division brings together the full skill set of permission marketing: publishing, advertising, customer relationship management, design, journalism, and online marketing for our advertisers and readers.
Managed by Druid City Media, LLC
on behalf of Almus Media, LLC
Local Office:
2802 7th Street
Tuscaloosa, Alabama 35401
(256) 346-5321


text:
For many people, Christmas wouldn't be Christmas without Santa Claus. As soon as Thanksgiving is over, they start looking forward to Jolly Old St. Nick bringing presents to all the good little boys and girls. Every shopping mall has a Santa Claus waiting for long lines of children to sit on his lap and tell him what they want for Christmas. I've even known people whose only Christmas decorations in their homes are Santa themed.
Now I will admit that I have a few Santa Claus decorations and we do hang stockings to be opened on Christmas morning. We even label some family gifts as "from Santa." The spirit of giving that surrounds Santa Claus—which started with the very first real St. Nicholas who gave presents to needy children—is wonderful.
But there is a problem with Santa Claus. The whole idea of a Jolly Old Elf bringing presents only to good boys and girls contradicts the Gospel message of Christmas. We are reminded in Christmas songs that Santa "knows if you've been bad or good," and if you are bad all you get is a lump of coal.
This is the story of most major religions—that if we are good enough we will earn whatever it is we want most.
Jesus tells a different story. Immanuel, God with us, came because He loves us all whether we are good or bad. He offers salvation and eternal life to all. It's a free gift and all we have to do is accept it to be on His list.
Santa's list of who's naughty and who's nice might seem to work for making kids be good. But long ago God showed that the threat of punishment or withholding of blessings doesn't work to make people do what is right. "For what the law was powerless to do in that it was weakened by the sinful nature, God did by sending his own Son in the likeness of sinful man to be a sin offering." Romans 8:3 (NIV).
That is why for me Christmas isn't Christmas without the Christ child and most of my Christmas decorations are nativity scenes. And my favorite Christmas songs aren't about Santa Claus but are old standards like O Come O Come Emmanuel, O Holy Night, and Mary Did You Know?


text:
Mike Riley is a Dr. Dobb's contributing editor. He can be contacted at [email protected]
Thanks to the commercial success of the Apple's iPhone and iPad, and the introduction of Windows 7, multi-touch has hit the mainstream consumer market in a big way. However, one of the limitations of devices like Android and iPhone is the sampling of only two active points for interpreting functions like screen pinching. While this works on the limited physical space of a portable smartphone display, tablet displays or even desktop monitor displays encourage greater interaction with more potential points to process.
Recognizing an opportunity, 3M has rolled out a 22-inch digital display capable of 20-finger multi-touch input with less than 6 millisecond response time. To achieve these impressive results, the monitor incorporates 3M's 3M Projected Capacitive Technology (3M PCT) based on mutual capacitance operation theory. The result produces a silky smooth response that has almost no lag in execution.
3M provides drivers for both Windows and Linux, and Windows 7 has native driver support built into the OS. When I plugged the monitor (DVI and VGA output and cables are supplied, along with a USB plug for the mouse driver-like touch support) into a Windows 7 desktop, the system immediately recognized the hardware device and configured it accordingly. Simple, just as it should be. Windows XP, Vista, and Linux users will need to download the drivers directly from 3M's support website.
The driver includes 3M's MicroTouch Software with a control panel for setting touch sensor preferences. A diagnostic utility is also included to assist with any hardware troubleshooting.
The visual hardware stats of the display are what you'd expect from a modern digital flat-panel display. It features 1680x1050 resolution and 1000:1 contrast ratio with 70W power consumption. The built-in stand allows for tilting the display, but its fixed arm does not allow the display to be moved vertically up or down. This may not be ideal ergonomically, but the modality of the interface changes the typical monitor height equation. In fact, the more comfortable I became using the display, I actually preferred it to be slightly lower than a typical display so that I could more easily interact with it. My family members also preferred it lower since it felt less awkward when touching the screen while seated in front of it.


text:
Shaft: True Temper Dynamic Gold Spinner Steel Wedge Flex, Loft: 58°-10° (Bounce), Length: + 1/2 in
MP T-11 wedges combine Mizuno's patented Grain Flow Forged™ feel with a Tour proven head shape and sole to provide unmatched precision in the short game. The MP T-11 wedges are Grain Flow Forged from 1025E "Pure Select" mild carbon steel to provide the most soft, solid and consistent feel available, while an innovative 360° grind and thinner top line deliver maximum shot making versatility and control.
The MP T-11 wedges feature a CNC milled face along with acclaimed Quad Cut Groove technology, which enables Mizuno to precisely control the width, depth, draft angle and shoulder radius of each groove to deliver maximum spin control and ball stopping ability in all playing conditions. These Quad Cut Grooves combine with a new revolutionary shaft, the DG Spinner™ from True Temper, to provide the maximum level of spin and ball stopping control.


text:
The more questions I read on the forums, the more I realize that new developers are not familiar with the Firebug extension. It's either they've never heard of it or they were intimidated by it. Whatever the reason, I've decided to write up a very small introduction to this simple yet so very powerful tool.
What is Firebug?
The full version is available on Firefox and there are lite versions for Google Chrome, Opera, IE6(ughh) and Safari.
There are two simple ways of adding this extension on to your browser.
1. Search for it from your add on window on Firefox.
2. Manual download and installation from https://getfirebug.com/downloads/
After you've installed and restarted your browser, you can now launch it by hitting the F12 key on your keyboard for Windows and Command + F12 (+ fn if you're using the hotkeys on your top row)
You will need to activate each panel as you use them. You can also activate all panels from the Firebug menu. For this introduction, we are going to look at the first 3 panels today which are the Console, HTML and CSS panels.
Console Panel
The console panel has a JS command line and also lists messages, errors and warnings that you have on your page. To test the JS command line simply type out a simple alert(); at the bottom panel.
Once done, hit enter and a pop up box should appear instantaneously. Although this may seem pretty simple and useless, think of all the possibilities. You can select elements, get element attributes, interact with live pages and test how JS will work on your page directly from the console.
The console also points out errors such as syntax errors or even logical ones. This may save you a lot of guessing work and time. It also displays warnings which may take a little longer to realize.
HTML Panel
The HTML panel might be one of the simplest panels to get used to. It displays the entire markup for the page in a very simple and interactive tree format. It also highlights the specific element as you are hovering over it so you know the exact location on the page.
It displays all elements on the page, even those that are hidden by JS or CSS.
Another way of getting to an element on a page is by simply right clicking on an element and selecting the "Inspect Element with Firebug" option. It will take you to the portion of the tree where the element is.
You are also allowed to interact with live pages. However the changes are NOT permanent. This allows developers to see live changes without the need to refresh.
(This will also make for a funny prank to play on your friends. Possibly changing names and pictures on websites for a little bit of fun on your computer. You can't send them the link though as changes only appear on your end )
CSS Panel
The CSS panel is a lot more useful to designers than to back end programmers I must admit. However there is yet a lot to learn from it.
It interacts in the same way the HTML panel does. Whenever you're on a page, it will show you the different CSS files and scripts that were loaded for each page. You can also interact with the elements on the fly.
Once again, please take note that the changes are NOT permanent. Not even on local development.
It sure saves some trial and error time. Instead of going back to your text editor, making a change, going back to the page, refreshing, only to find out you missed a semicolon
Another very, very productive usage of both the HTML and CSS panels is that it allows you to learn from other websites and developers. Ever wanted to take a peek at somebody elses code? Now you can!
This is only a brief introduction to this very powerful extension. I've been using it for a long time and I truly appreciate what it allows you to know and see. I'm sure you will too once you start using it in day to day development.
The remaining panels are just as powerful and have their very distinct uses for example the Script panel displays JS scripts on the page and the Net panel displays HTTP requests (very useful for AJAX development) It also displays the time take to complete loading each HTTP request. You'll be able to pickup on the little bottlenecks a lot easier.
Be sure to check out the documentation and Wiki. There are also several screencasts which displays these features in action.
Hope this helps anyone who is new to web development or the Firebug extension. Don't just take my word for it, please use the tools that are meant to increase your productivity.
Thanks for reading!
Page 1 of 1
Introduction to Firebug
Posted 07 October 2012 - 09:15 PM
Replies To: Introduction to Firebug
Posted 08 October 2012 - 06:47 PM
Posted 08 October 2012 - 06:51 PM
fromTheSprawl, on 09 October 2012 - 09:47 AM, said:
Thank you so much for the feedback! I will definitely include them in the coming one. Probably a more visual guide on debugging but I honestly appreciate the feedback
Posted 09 October 2012 - 11:59 AM
Good tutorial! I love Firebug and use it every day. It would be painful to develop without it.
Posted 29 December 2012 - 03:29 AM
Really, Nice Post on firebug. It's a very important add-on for Mozilla also I use it daily basis.
Page 1 of 1


text:
I am so excited to share my new "I DO" shoe crystal design with all you Brides(and Grooms)!!
This new unique design created by me has a simple "I" and "D" but the "O" is shaped like a diamond ring. It is so fun, cute, and dainty. Each crystal is so itty bitty but all of it together makes a beautiful detail for the bottom of your shoes.
So easy to apply, simply peel back and apply to the arch of your shoe.
Comes with cute instruction card.
Photographs Copyright © Casasco Photography 2011 and Rick Aguilar Studios
all rights reserved
1 business day
Buyers are responsible for any customs and import taxes that may apply. I'm not responsible for delays due to customs.
Just contact me within: 5 days of delivery
Ship items back to me within: 30 days of delivery
But please contact me if you have any problems with your order.
Because of the nature of these items, unless they arrive damaged or defective, I can't accept returns for:
Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.
Etsy is an online market place for hand-made, arts / crafts supplies, and vintage (over 20 years old). Etsy provides a secure check out with buyer and seller protection, similar to PayPal. The cart is SSL and offers several ways to pay. Please review shop policies page to see which payment forms are accepted. As an approved seller / store I never see your credit card information.
Apr 29, 2016
Exactly what the Bride and Groom wanted!
Dec 4, 2015
Perfect just as described thank you!
Feb 18, 2015
Came quickly in the mail and was exactly what I was looking for:)
Oct 2, 2011
Super speedy shipping!! This is adorable...can't wait to use it as my "something blue"


text:
Jaime Herrera Beutler
|Jaime Herrera Beutler
|U.S. Representative from Washington's 3rd District
From: January 3, 2011
|Brian Baird
|Incumbent (no successor)
|Daniel Beutler
Jaime Herrera Beutler (surname pronounced "Butler";[1] born November 3, 1973 in Glendale, California) is a Republican member of the 112th Congress serving in the U.S. House of Representatives for Washington's 3rd Congressional District.[2] Congresswoman Herrera Beutler has represented Washington's 3rd congressional district since 2011, succeeding retired Democrat Brian Baird. She is the first Latina to represent Washington state. Jaime Herrera Beutler grew up in Southwest Washington, attended the University of Washington earning her B.A. degree in Communications, and currently lives with her husband Daniel Beutler in Camas, Washington. Jaime was homeschooled through ninth grade.[3]
Congresswoman Herrera Beutler is an outspoken opponent of both the federal stimulus bills and ObamaCare, and she has acknowledged feeling "let down" by Republicans as well as Democrats regarding their failure to get federal spending under control, according to reports by Newsmax magazine. She has also called for extending the Bush tax cuts permanently. In the January 2011 issue of Newsmax magazine was a review of 12 stand out freshmen representatives (out of more than 72 new members) in Congress, which included Jaime Herrera Beutler, listing her as one of the "12 stars of the freshmen class."[4]
First Bill as a State Representative
Before becoming Washington state's new representative in Congress, Herrera Beutler served as a state representative since 2006. Herrera Beutler's first bill as a state representative was a bipartisan proposal to give tax relief to business owners serving in the military, and was signed into law on March 27, 2008.[5]
First Bill as a Member of Congress
Jaime Herrera Beutler officially introduced her first bill as a member of Congress on March 10, 2011, entitled the "Savings Start With Us" Act of 2011.[6] Her first bill will save taxpayers millions of dollars by cutting salaries of members of Congress, the President and Vice President of the United States by 10-percent.[7]
Committee Membership
In Congress, Jaime Herrera Beutler currently serves on the House Committee on Appropriations.[8] Jaime is also a member of the House Committee on Small Business.
House Committee on Appropriations
- Subcommittee on Financial Services and General Government
- Subcommittee on Interior, Environment, and Related Agencies
- Subcommittee on Transportation, Housing, and Urban Development, and Related Agencies
House Committee on Small Business
- Subcommittee on Health Care and Technology
- Subcommittee on Investigations, Oversight and Regulations
Congressional Caucuses and Organizations
- Congressional Caucus for Women's Issues (Chair)
- Women and the Economy/Business Task Force (Co-chair)
- House Energy Action Team (HEAT)
- Jaime Herrera Beutler from an interview with Time magazine:
|Congress is spending money in an attempt to get us out of this economic crisis, not realizing that overspending is the crisis.[4]
- Herrera Beutler said the following after officially introducing her first bill as a Member of Congress:
|We've voted to reduce our massive deficit by billions in order to create a better environment for job creators – but we haven't cut a dime from our own paychecks. The savings ought to start with us.[9]
- ↑ http://www.columbian.com/news/2010/dec/22/its-now-jaime-herrera-beutler/
- ↑ http://herrerabeutler.house.gov/about-me/full-biography
- ↑ Jaime Herrera Beutler, FamousHomeschoolers.net
- ↑ 4.0 4.1 Andrew Stiles and Katrina Trinko. "12 Stars of the Freshmen Class." Newsmax magazine, Jan 2011: 59.
- ↑ http://houserepublicans.wa.gov/members/jaime-herrera/
- ↑ To provide for a 10 percent reduction in pay for Members of Congress, the President, and the Vice President. H.R. 1012: Savings Start With Us Act of 2011, govtrack.us, (Accessed April 20, 2011).
- ↑ http://herrerabeutler.house.gov/press-release/herrera-beutler-proposes-10-salary-cut-congress-white-house
- ↑ http://herrerabeutler.house.gov/Biography/Committees.htm
- ↑ http://herrerabeutler.house.gov/press-release/herrera-beutler-introduces-her-first-bill-congress
External links
- Jaime Herrera Beutler - Congresswoman for the 3rd District of Washington
- Voting Record - Rep. Jaime Herrera Beutler
- JaimeHerreraBeutler - Twitter
- Jaime Herrera - Facebook
- Local View: Herrera ready for new role as congresswoman - op-ed about Jaime Herrera's priorities for serving Southwest Washington
- YouTube channel


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|Oracle® OLAP DML Reference
11g Release 2 (11.2)
Part Number E17122-05
|View PDF
Within a model, the AGGREGATION function allows you to create a model that represents a custom aggregate. Such an aggmap can be used for dynamic aggregation with the AGGREGATE function.
Note:Because the AGGREGATION function is intended only for dynamic aggregation, a model that contains such a function cannot be used with the AGGREGATE command.
A list of one or more dimension values to include in the custom aggregation. The specified values must belong to the same dimension to which the target dimension value belongs. You must specify each dimension value as a text literal. That is, they cannot be represented by a text expression such as a variable.
Example 7-9 Using the AGGREGATION Function to Create a Custom Aggregate
The following lines of code from a program perform these steps:
Add the new dimension value
my_time to the
time dimension.
MAINTAIN time ADD 'My_Time'
Define the model
mytime_custagg and set the specification of the model using the AGGREGATION function.
DEFINE mytime_custagg MODEL MODEL JOINLINES('DIMENSION time' 'My_Time = AGGREGATION(\'23\' \'24\')')
(Note that backslash escape characters are required to include quotation marks within a quoted string.)
Define the
sales_aggmap aggmap.
DEFINE sales_aggmap AGGMAP <time cpc <customer product channel> > AGGMAP RELATION prntrel.time RELATION prntrel.chan RELATION prntrel.prod RELATION prntrel.cust END
Add the model
mytime_custagg to
AGGMAP ADD mytime_custagg TO sales_aggmap
Limit the dimensions to the values of interest and run a report.
" Run a report LIMIT time TO 'My_Time' '23' '24' LIMIT channel TO '5' LIMIT product TO '70' LIMIT customer TO '114' REPORT DOWN time AGGREGATE(sales USING sales_aggmap)
The report generates the following output.
CHANNEL: 5 PRODUCT: 70 --AGGREGATE(SALES--- USING SALES_AGGMAP)- ------CUSTOMER------ TIME 114 -------------- -------------------- my_time 682,904.34 23 84,982.92 24 597,921.42


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Enjoy your free tethering while you still got it AT&T subscribers. According to multiple reports AT&T is cracking down on customers that have used their unlimited data plans to tether other devices or share them as hotspots. PlayBook owners will be affected by this because many users that currently can use their PlayBook's browser while connected to the BlackBerry Bridge might not be able to do so in the near future.
As of August 11th, AT&T users in general will no longer be able to tether from their devices for free and will instead be automatically upgraded to a tethering plan without even approving of one if they are caught tethering.
Let the uproar begin. The question I want answered is, why is AT&T the only company that's having such problems with tethering? When in doubt, blame the iPhone.Earlier this year, we began sending letters, emails, and text messages to a small number of smartphone customers who use their devices for tethering but aren't on our required tethering plan. Our goal here is fairness for all of our customers. (This impacts a only small percentage of our smartphone customer base.)
The letters outline three choices:
1) Stop tethering and keep their current plan (including grandfathered unlimited plan)
2) Proactively call AT&T or visit our stores and move to the required tethering plan
3) Do nothing and we'll go ahead and add the tethering plan on their behalf — after the dated noted in their customer notification
Original article thread


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Choice of Artisans. 1a The LORD said to Moses: 2See, I have singled out* Bezalel, son of Uri, son of Hur, of the tribe of Judah, 3and I have filled him with a divine spirit of skill and understanding and knowledge in every craft: 4in the production of embroidery, in making things of gold, silver, or bronze, 5in cutting and mounting precious stones, in carving wood, and in every other craft. 6As his assistant I myself have appointed Oholiab, son of Ahisamach, of the tribe of Dan. I have also endowed all the experts with the necessary skill to make all the things I have commanded you: 7b the tent of meeting, the ark of the covenant with its cover, all the furnishings of the tent, 8the table with its utensils, the pure gold menorah with all its utensils, the altar of incense, 9the altar for burnt offerings with all its utensils, the basin with its stand, 10the service cloths,* the sacred vestments for Aaron the priest, the vestments for his sons in their ministry, 11the anointing oil, and the fragrant incense for the sanctuary. According to all I have commanded you, so shall they do.
Sabbath Laws. 12c The LORD said to Moses: 13You must also tell the Israelites: Keep my sabbaths, for that is to be the sign between you and me throughout the generations, to show that it is I, the LORD, who make you holy. 14* Therefore, you must keep the sabbath for it is holiness for you. Whoever desecrates it shall be put to death. If anyone does work on that day, that person must be cut off from the people. 15Six days there are for doing work, but the seventh day is the sabbath of complete rest, holy to the LORD. Anyone who does work on the sabbath day shall be put to death. 16So shall the Israelites observe the sabbath, keeping it throughout their generations as an everlasting covenant. 17Between me and the Israelites it is to be an everlasting sign; for in six days the LORD made the heavens and the earth, but on the seventh day he rested at his ease.
18When the LORD had finished speaking to Moses on Mount Sinai, he gave him the two tablets of the covenant, the stone tablets inscribed by God's own finger.d
* [31:2] Singled out: lit., "called by name"; cf. 35:30.
* [31:10] The service cloths: so the Greek. They were perhaps the colored cloths mentioned in Nm 4:4–15.
* [31:14–15] For the distinction between work proscribed on certain festivals and weekly Sabbaths, see note on Lv 23:3.
c. [31:12–17] Ex 20:8–11; 35:1–3.
d. [31:18] Ex 24:12; 32:15–16; Dt 5:22.
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Jury returns verdict in ex-teacher's trial
Shad Knutson found guilty of two counts
After days of testimony and a full day of deliberations, a jury has returned a verdict in a case against a former middle school teacher accused of inappropriate contact with several of his students.
Shad Knutson, 36, was found guilty of sexual assault using an electronic device and intentional child abuse from incidents dating to Jan. 2010.
The jury found Knutson not guilty, however, of two counts of third-degree sexual assault of a child and one count of intentional child abuse from a 2009 allegation.
The prosecution pointed to thousands of text messages between Knutson and one of the girls; however, the content of those messages were never obtained.
Prosecutors said Knutson intentionally touched a girl for sexual gratification when he was fitting her for football pads.
On the stand, Knutson denied each allegation made by the girls in court.
Knutson is scheduled to be sentenced May 23.


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HVT MCS Style
by, August 11th, 2012 at 04:18 PM (3957 Views)
That's "High Volume Training Maui Channel Swim Style" for those without the secret decoder ring.
Since I have not blogged since March, let me catch you up on my training. I have not done any serious training since March, but my stroke has changed considerably.
Based on the feedback from Coach Mike and Dr G at the WCM Camp, I really started to work on catching earlier and accelerating through my stroke, the key suggestion to accomplish that being to rotate more through the shoulders to the hips. The rotation was critical, allowing me to get in an arm position that allowed EVF and shift much of the pulling workload to larger back muscle from the shoulders and arms. On the negative side, I don't think this will do anything to help my sprint speed. Working on this was about 2-3 months focused on drills (aka, goofing off while everyone got ready for two Nationals) and maybe 6 weeks of building some endurance back.
On to the set! I was reading pwb's blog and saw his horrendous set ideas (50x100s, 25x200s, 10x500s) and thought, 10x500s is incredibly boring, that is probably a good set to do before swimming between islands.
But now I had the idea of doing something incredibly boring as preparation for a swim that is a relay with six people where everyone starts with a 30 minute leg, then does 10 minute legs until they finish. My rough guess is our relay will take about 6 hours, which works out to a 30 minute leg and 3x10 minute legs each. Sounds like a set to me.
No warm up (although I get to swim to Lanai from the boat, so maybe I should have done one)
Main Set #1
- 30 minute swim - 2200 SCM
Main Set #2 (repeat 3 times)
- 100 back ez
- 10 minute swim - 750 SCM
Cool Down
- 100 back ez
In the real relay, I will have 2.5 hours rest after the 30 minute swim (I am leading off) and 50 minutes between each 10 minute swim, but I think a 100 ez back is close enough for simulation purposes. Mild foot cramp in the last 10 minute swim so I don't think I had another 10 minute swim in me. I feel pretty good, but I am not in the aerobic shape I was in the fall of last year. That was a harder longer swim than anything since March. My preparation for the Waikiki Roughwater last year much more serious.


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If you're looking for an alternative to the Bluetooth headset, then move along because you won't find one here. The Hi-Fun Gloves are Bluetooth-enabled themselves, but they aren't exactly hands-free for the reason that you're supposed to wear them on your hands and make the 'call me' gesture while you're using it.
It basically has a speaker sown into the thumb and a microphone built into the pinky finger of the glove. Just push the appropriate buttons on the back of the glove to hook it up with your phone and begin taking calls in the weirdest way possible. These literal 'handsets' will be available for about $60 starting this October. While it's novel and will definitely keep your digits warm and toasty during winter, I'm just not sold on the idea. What do you think?
VIA [ Gizmodo ]


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Catalogue No: THD100AVAILABLE ONLY AS A DIGITAL DOWNLOAD24 tracks available for downloadFor Australia, New Zealand, Japan, Fiji,Papua New Guinea & other Oceanic territoriesclick here: For all other available territoriesclick here: streaming from our® channel, or listen now on Spotify®:
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1. All of Me 2. Smile 3. Chicago 4. Stay as Sweet as You Are 5. No More Broken Hearts 6. I Wanna Be Around 7. Everybody Loves Somebody 8. It Had To Be You 9. Birth of the Blues 10. Medley: Isn't This a Lovely Day/Singin' in the Rain 11. Tell Me 12. Cabaret 13. Nearness of You 14. They Can't Take That Away from Me 15. For All We Know 16. You're Nobody Till Somebody Loves You 17. My Funny Valentine 18. Rush of Love to the Heart 19. Misty 20. I've Got You Under My Skin 21. You'll Never Know 22. How About You? 23. I Left My Heart in San Francisco 24. Making Memories


text:
As his first solo track "Pillow Talk" continues to climb the charts, former One Direction member Zayn Malik has fans buzzing once again after delivering a few surprises Wednesday night.
While appearing as a musical guest on "The Tonight Show Starring Jimmy Fallon," the 23-year-old gave audiences the very first listen to his new track "It's You."
"Tell me your lies / Because I just can't face it," he sings. "It's you, it's you / It's you."
U.S. & World
Malik also took time during his visit to Universal Studios Hollywood to reveal the cover art for his debut solo album.
It's the latest step in the singer's solo career that continues to succeed thanks to one hot music video and more than a few catchy lyrics. And as fans continue to soak up the new sounds, Malik is also happy with the direction his career is going.
"I feel good. I feel like that's the key thing in life, you know regardless of whatever it is that you do," he told Z100's Elvis Duran of leaving the band. "You have to always remain true to yourself and do whatever makes you happy because at the end of the day, you answer to yourself so it's a good place to be in. I'm happy about the decision I made."
He continued, "I've been working on it for a long time now so even starting everything is really exciting this week."
PHOTOS: Zayn Malik's hair transformations


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A big warm welcome back to Kicking Goals with Georgia Perry. Today's episode is a little different. Yesterday I was live from the Fremantle Hockey Club speaking to a large crowd of women. This was a tad different from recording in my home studio but HEY personal growth does not happen inside your comfort zone!!! I enjoyed presenting this LIVE podcast so much I thought I'd share it with my amazing Kicking Goals family. I hope you enjoy 😊🌻🙏. Let me know your thoughts..... and any goals you smash over the next ten weeks. See you all soon! GP signing out because... well... I'm about to pour every ounce of energy into my final prac. Love always, your happy host Georgia Perry xx
This is one for the ladies!
It is time to let your creative energy flow.
I am excited to introduce the beautiful Zoe Everett, the Founder and Creative Makeup Specialist at ZE Makeup Artistry.
Tune in to todays episode for a dose of inspiration from this highly motivated 21 year old.
Find out why Zoe recommends that you should get yourself a Mac Lipstick and use the everyday sunscreen from Feel Good Ink.
This WA creative has her own Makeup studio in South Perth and has found a deep love for enhancing the natural features of the face.
What a pleasure it was to record this episode with Zoe.
We hope you enjoy!
Leave us a five star review if you enjoyed.
Have a fabulous day, go and kick some goals.
Georgia xx
Episodi mancanti?
This episode of Kicking Goals with Georgia Perry mentions domestic violence, assault, sexual assault and suicide. Please keep this in mind before pressing play.
If you or anyone else you know needs help, call lifeline 13 11 14 or 1800 Respect.
Links to additional safety resources can be located on Sheree's website: Iamsheree.com.au
Who is Sheree??
An educator, wife, daughter, sister, friend and survivor of domestic violence.
This weeks episode captures the survival story of this courageous lady, the challenges she was faced with as a child and throughout her 20s as well as the major turning point that has lead her to where she is today.
4 years on Sheree is now the proud founder of two educational brands, I Am Sheree and Teen Table Talk. This lady is on a mission to create awareness and be the voice for domestic violence.
Tune in and join me for coffee on the couch with a lady who truly represents strength, empowerment and freedom.
"On behalf of the Kicking Goals family it was an honour to have you on the podcast, I know I definitely learnt a lot and value the work you are doing in the community."
Love always, Georgia xx
If you enjoyed this episode or would like to hear more from me, you can find me on Instagram at: @ga.perry or @kickinggoals_gp. Don't forget to leave this episode a five star review and help me educate, inspire and motivate.
The power couple Dani and Luka are ready to make their positive mark on planet earth. This episode uncovers the benefits of living a plant based lifestyle as well as the power of implementing morning routines that challenge the mind to develop self discipline.
Big LOVE and THANKS to DK and LR for being vulnerable and sharing their experiences and knowledge on the podcast.
Welcome to the courageous life of DANIELLE KETTLEWELL...
Olympian X Author X Lover of Life = EPIC HUMAN!
Danielle reveals her athlete journey to the Olympics along with handy strategies that you can implement into your life to make your dreams a reality. This poddy nugget is your perfect dose of positivity, inspiration and a sprinkle of motivation.
HAPPY TUESDAY ALL! Woohoo I am excited to welcome back Brad Davis one of our favourite creative entrepreneurs. This episode is a mix of knowledge bombs, inspo and a whole lot of fun! How does Brad Davis manage an expanding business while creating and maintaining his ideal culture? This fiery Q and A highlights the key elements that you can implement into your life to live and breathe your ideal culture. Sit back, relax and enjoy that double shot latte while tuning into todays poddy.
Let me know if you enjoy these short motivation episodes because I sure do ENJOY creating them.
One final message from me…. Have a fabulous start to the day and GO and KICK some GOALS.
G xx
Holly Drage (AKA dog whisperer) is a girl on a mission ready educate, inspire and motivate those ready to take action. This puppy trainer and behaviour specialist has a unique profession that has given her the motivation and drive to share her knowledge through a BOOK! . What type of pup will Holly recommend for Podcast Presenter Georgia Perry? Grab yourself a coffee and tune in. Enjoy... love Holly and G xx
Entrepreneur Stephanie Gorton reveals her knowledge and experience from the startup phase of House of Hobby and her online 12 week mentoring program. This episode will give you the confidence and drive to turn your side hustle into a successful business. "And it all began with once upon a time....." - Steph Gorton.
The Porters reveal their strategies and experience on how to manage a business, build a positive relationship and create your ideal culture. This episode will give you the tools, knowledge and fire in your belly to HUNT YOUR DREAMS.
New Episode🔥 Magical Mindset with Eloise Pascal. Are you ready to look at life from a different angle? Are you guilty and tired of blaming your situation or surroundings. Binge eating, bullying and back injuries are a dangerous mix but despite these three levels of resistance Ella Pascal has found the key ingredient that has enabled her to take control of her life. She is now managing her own company and has entered the modelling industry. The secret is... a magical mindset.
This episode will expose you to a day in the life of reality tv star and health advocate Brooke Blurton. Get ready to be inspired, motivated and educated by her challenging up bringing, current daily routines and goals for the future. We can also confirm that Brooke Blurton has found LOVE! Tune in to find out more.
Aussie beauty Hayley Bullas shares her challenges, achievements and advice around what it takes to be an elite athlete. Self belief, a safe to fail environment and determination are three ingredients that will help you kick your goals!
Brad is a successful gym owner, business coach and the 2018 CPTW entrepreneur of the year. Brads knowledge and attitude to life will give you the tools and motivation to step out of your comfort zone and take action!
Episode two takes us deep into the inspiring journey of Asha Holland. Asha is a motivational speaker, exercise scientist and the founder of Alternatively Healthy. Get ready to be inspired, educated and empowered as Asha reveals confidence BEYOND "perfection".
Asha Holland interviews the founder of Kicking Goals with Georgia Perry. Discover your passion, your why statement and be grateful! Three key ingredients that will amplify your life.