- Created by: jessstudiesx
- Created on: 02-01-20 20:26
Legal Definitions Of Mental Illness
Mental Health Act (1983) - 4 legal categories of mental disorder included: mental illness, psychopathic disorder, mental impairment & severe mental impairment
Mental Health Act (2007) - "any disorder or disability of the mind"
Other Key Terms & Legal Issues
"In law, the term is used to denote that degree of mental illness which negates the individual's legal responsibility or capacity" - Black's Law Dictionary (1990)
Legal Prerequisites Of Crime
To be found guilty of a crime, one must have not only carried out the act of crime but have intended to commit that crime
1. ACTUS REUS
2. MENS REA
1. Not guilty by reason of insanity (NGRI) - courts appy the 'McNaghten rule'
2. Diminished responsibility (Homicide Act, 1957) - must be proof of 'substancially impaired mental responsibility'
Mental Health Problems In Prison (Singleton Et Al
Psychosis - prison 6-13%, general 0.4%
Personality disorder - prison 50-78%, general 3.4-5.4%
Neurotic disorder - prison 40-76%, general 17.3%
Drug dependency - prison 34-52%, general 4.2%
Alcohol dependency - prison, 19-30%, general 8.1%
Relationship Between Mental Disorder & Crime Sensa
Over reporting of high profile cases & over reporting of relationship (Angermeyer & Shulze, 2001)
Specific types of mental health difficulties are over represented:
2. Learning difficulties
4. Psychopathic disorder
Difficulties With Research (Howitt, 2006)
Possible confounds - over emphasis on correlational studies?
Confounding effects of medication
Difficulties in identifying a sample
Mental Disorder In Offender Populations & Issues
30-50% have mental illness/disorder compared to 14% of non-offenders (Howitt, 2009)
Up to 60% 'lifers' are disordered
If we include psychopathic disorder - up to 80%
Caught more often?
Charged more often?
Plead guilty more often?
Effects of prison?
Criminality In Mentally Ill Populations & Issues
6% criminality as opposed to 2% (Hodgins, 1995)
Sufferers of psychotic symptoms in community more likely to be violent - up to 14x more?
Small sample sizes amongst in patients
Environmental effects particular issue with community based studies
Status of discharged patients unclear - still 'disordered' or not?
Unselected Birth Cohorts: SMP (Hodgins, 1995)
Over 14,000 births followed with independent secondary verification of diagnoses of:
1. Major mental disorder
2. Minor mental disorder
3. Alcohol & drug abuse
Biggest 'risk' factor is substance abuse
Co-morbidity - 49% males % 43% females had secondary diagnoses
Lack of distinction between use & abuse at time of arrest
No picture of cause & effect
Psychopathy is a personality disorder that may be confused with adult antisocial personality disorder (AAPD)
50-80% of prison inmates meet AAPD criteria, only 11-25% meet a set of more specific criteria (Hare, 1998)
Hare (1993) suggests 3 categories of psychopath:
1. Primary psychopath - diagnosed through PCL
2. Secondary psychopath - antisocial/violent behaviour due to emotional problems, anxiety, drug use etc
3. Dissocial psychopath - learned aggressive & antisocial behaviour
Problems With Hare's Categories Of Psychopath
Definition is controversial
Not specifically defined in ICD-10 or DSM-V
Closest is antisocial personality disorder (dissocial)
Higher scorers on PCL-R often begin their criminal careers earlier & more likely to reoffend
Clinical psychopathy (measured by the PCL-R) is quite different to legal classification of 'psychopathic disorder'
Psychopathic disorder referred to in the mental health act (1983) as any personality disorder, not just psychopathy
Hare's Psychopathy Checklist (PCL)
Measures 2 main factors:
1. Affective deficits - considered the most powerful indicator
2. Behavioural problems
Cooke & Mitchie (2001) suggest 3 factors are identifiable - the addional one being interpersonal style
PCL Based On Cleckley's Traits
Egocenticity & flat effect
Unreliability, irresponsibility, impulsivity
Inability to feel remorse, empathy, or understand consequences for others
Hare (1993) - up to 25% in prison, compared to 1% out of prison
Up to 43% of serial r*pists
Bartol & Bartol (2004) - more likely to have convictions for violence & be associated with violence in prison
Recividism rate of between 65-80%, compared to 30-50% non-psychopathic adult offenders
Recidivism rates rise after 'treatment'? - learn
Treatment Of Criminal Psychopaths (Hare, 1996)
There is no known treatment for psychopathy - but doesn't mean that the egocentric & callous attitudes & behaviours are immutable
No methodologically sound treatments or 'resocialisation' programmes that have shown to work
Summary Of Risk Factors (Hodgins, 1995)
MD alone in adulthood - 2.5x
MD & substance abuse in adulthood - 6.1x
MD & substance abuse in childhood - 14.1x
Early start group again at most risk:
1. Convicted on average 5 years earlier
2. More likely to suffer co-morbidity
3. More likely to have both violent & non-violent convictions