Professional Documents
Culture Documents
June 2011
Court context
As with law enforcement officials, judges and jurors might also adopt stereotypical misconceptions, such as the view that people with mental disorders are responsible for
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June 2011
Insanity defense
When a defendant claims to not be criminally responsible on account of mental disorder, they are using the insanity defense. While it is often referred to by other names, many countries have some version of the insanity defense. This defense is designed for people who do not have the capacity for understanding right and wrong at the time of their criminal act, and to help them get treatment.11 For a mentally ill individual to be considered not responsible for a criminal act there has to be strong evidence to suggest that their particular mental illness (or
Conclusion
Overall, the current literature suggests that although mental illness is overrepresented in prisons and jails, mental illness is not typically a risk factor for dangerousness. Unfortunately the criminal justice system often overlooks this and is overall more likely to sentence the mentally ill. Finally, the insanity defense provides an avenue for those whose mental illness has caused criminal behavior to get the help they need.
Quick summary:
Mental illness is not typically a risk factor for dangerousness Only few symptoms of mental illness may contribute to violence (particularly TCO symptoms) Misconceptions contribute to higher rates of mental illness in the criminal justice system The insanity plea helps those whose mental illness has caused criminal behavior to get the help they need
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References
1. Ronald Kessler et al, Prevalence, Severity, and Comorbidity of Twelve-month DSM-IV Disorders in the National Comorbidity Survey Replication (NCS-R) (2005) 62(6) Archives of General Psychiatry 617. 2. Bruce Link et al, Public Conceptions of Mental Illness: Labels, Causes, Dangerousness, and Social Distance (1999) 89 American Journal of Public Health 1328. 3. Simon Braunholtz et al, Well? What Do You Think? (2006): The Third National Scottish Survey of Public Attitudes to Mental Health, Mental Well-being and Mental Health Problems (2007) [31] <http://www.scotland.gov.uk/Resource/Do c/197512/0052833.pdf> at 20 June 2011. 4. See, for example, Judith Rabkin, Criminal Behavior of Discharged Mental Patients: Critical Appraisal of the Research (1979) 86 Psychological Bulletin 1. 5. See for critique and analysis Patrick Corrigan and Amy Cooper, Mental Illness and Dangerousness: Fact or Misperception, and Implications for Stigma in Patrick Corrigan (ed), On the Stigma of Mental Illness: Practical Strategies for Research and Social Change (2005) 165, 167-70.
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June 2011
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