1 / 26

MENTAL HEALTH AND CRIMINAL JUSTICE

MENTAL HEALTH AND CRIMINAL JUSTICE. INSANITY DEFENSE. COMMITMENT. 1. CIVIL COMMITMENT – COMMITTMENT BECAUSE OF MENTAL ILLNESS ITSELF 2. CRIMINAL COMMITMENT – COMMITMENT BECAUSE NGRI (NOT GUILTY BY REASON OF INSANITY). INSANITY DEFENSE. RARELY USED (< 1%) IF USED, ALMOST ALWAYS FOR MURDER

burgess
Download Presentation

MENTAL HEALTH AND CRIMINAL JUSTICE

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. MENTAL HEALTH AND CRIMINAL JUSTICE

  2. INSANITY DEFENSE

  3. COMMITMENT • 1. CIVIL COMMITMENT – COMMITTMENT BECAUSE OF MENTAL ILLNESS ITSELF • 2. CRIMINAL COMMITMENT – COMMITMENT BECAUSE NGRI (NOT GUILTY BY REASON OF INSANITY)

  4. INSANITY DEFENSE • RARELY USED (< 1%) • IF USED, ALMOST ALWAYS FOR MURDER • IF USED, RARELY SUCCESSFUL • HIGHLY SYMBOLIC AND CONTROVERSIAL

  5. CRIMINAL VS. SICK • PEOPLE SHOULD BE RESPONSIBLE FOR CRIMES THEY COMMIT • NGRI SEEMS TO VIOLATE THIS VALUE – OFFENDS SENSE OF JUSTICE • PEOPLE WHO ARE SICK ARE NOT BLAMEWORTHY • CONTRADICTION

  6. NOT GUILTY TO WHAT? • A CRIME • CRIME HAS TWO ELEMENTS • ACTUS REA – GUILTY ACT • MENS REA – GUILTY MIND • CRIME REQUIRES BOTH • NGRI DENIES MENS REA

  7. TWO PLACES • DEFENSE AT THE TIME THE CRIME WAS COMMITTED • AT TIME OF TRIAL – INCOMPETENT TO STAND TRIAL – NOT OF CONCERN HERE

  8. M’NAGHTEN CASE (UK 1843) • “THAT EVERY MAN IS PRESUMED TO BE SANE, AND THAT TO ESTABLISH A DEFENSE ON THE GROUND OF INSANITY IT MUST BE PROVEN THAT AT THE TIME OF COMMITTING THE ACT, THE PARTY ACCUSED WAS LABORING UNDER SUCH A DEFECT OF REASON, FROM DISEASE OF THE

  9. M’NAGHTEN (CONT.) • MIND, AS NOT TO KNOW THE NATURE AND QUALITY OF THE ACT HE WAS DOING; OR, IF HE DID KNOW IT, THAT HE DID NOT KNOW HE WAS DOING WHAT WAS WRONG.”

  10. M’NAGHTEN • 1. DEFECT OF REASON (NOT IMPULSE OR EMOTION) • 2. FROM DISEASE OF MIND (CAUSAL) • 3. NOT KNOW NATURE AND QUALITY OF ACT • 4. OR, DID NOT KNOW HE WAS DOING WHAT WAS WRONG

  11. CRITICISMS OF M’NAGHTEN • NARROWNESS • COGNITIVE EMPHASIS • LEGAL, NOT PSYCHIATRIC, GROUNDING

  12. DURHAM RULE (US 1954) • “AN ACCUSED IS NOT CRIMINALLY RESPONSIBLE IF HIS UNLAWFUL ACT WAS THE PRODUCT OF MENTAL DISEASE OR DEFECT.” • REACTION TO PERCEIVED NARROWNESS OF M’NAGHTEN

  13. CRITICISMS OF DURHAM • 1. EXTREMELY BROAD (E.G. ASPD) • 2. NO DEFINITION OF MENTAL ILLNESS • 3. CAN UNDERMINE FOUNDATION OF CRIMINAL LAW

  14. AMERICAN LAW INSTITUTE (US 1972) • “A PERSON IS NOT RESPONSIBLE FOR CRIMINAL CONDUCT IF, AT THE TIME OF SUCH CONDUCT, AS A RESULT OF MENTAL DISEASE OR DEFECT, HE LACKS SUBSTANTIAL CAPACITY EITHER TO APPRECIATE THE CRIMINALITY OF HIS CONDUCT OR TO CONFORM HIS CONDUCT TO THE REQUIREMENTS OF LAW.”

  15. ALI • NARROWS DURHAM – LACKS APPRECIATION OR ABILITY TO CONTROL CONDUCT • BROADENS M’N – APPRECIATE RATHER THAN KNOW; ABILITY TO CONTROL

  16. ANDREA YATES (TEXAS 2002) • 36 YR. OLD WOMAN DROWNED FIVE CHILDREN (6 MONTHS – 7 YEARS) IN BATHTUB THEN CALLED POLICE • HAD ATTEMPTED SUICIDE AFTER BIRTH OF 4TH CHILD AND ON MEDS; 4 HOSPITALIZATIONS • VERY SERIOUS DEPRESSED AFTER 5TH CHILD BUT MEDS. STOPPED

  17. YATES • STATE SOUGHT DEATH PENALTY, YATES PLED NGRI • DEFENSE: HAD VISIONS AND HEARD VOICES TELLING HER TO KILL • PROSECUTION SAID KNEW COMMITTING CRIME AND KNEW IT WAS WRONG

  18. YATES • CONVICTED BUT GIVEN LIFE SENTENCE NOT DEATH • UNDER M’NAGHTEN CLEARLY WAS GUILTY – KNEW DROWNING CHILDREN AND KNEW WAS WRONG • IF DURHAM CLEARLY NGRI • IF ALI HARD TO SAY – “INCAPABLE OF CONFORMING CONDUCT TO LAW”

  19. MAJOR PROBLEM WITH ALL • WHAT HAPPENS WHEN NGRI NO LONGER MENTALLY ILL? • DO NGRI GET OFF TOO EASILY? • E.G. TEMPORARY M.I. AND SEVERE CRIME • OR ARE THEY WORSE OFF? (MCMURPHY) • SEVERE M.I. BUT MINOR CRIME

  20. TORSNEY V. STATE OF N.Y. • TORSNEY NYC COP WHO SHOT UNARMED 15 YR. OLD FOR NO REASON • FOUND NGRI • HOSPITAL PSYCHIATRISTS SAID NOT M.I. • COURT SAID HAD TO RELEASE

  21. JONES V. U.S. • JONES ARRESTED FOR PETTY THEFT (MISDEMEANOR W/MAX. 1 YEAR) • OBVIOUSLY PSYCHOTIC AND PLED NGRI AND COMMITTED TO M.H. • AT HEARING AFTER 1 YEAR STILL CONSIDERED M.I. • COURT SAID STAY IN HOSPITAL

  22. RESULT OF NGRI • SOMETIMES TOO LENIENT – TORSNEY • SOMETIMES TOO HARSH – JONES • OVERALL, ABOUT SAME LENGTH OF TIME

  23. MENTALLY ILL IN CRIMINAL JUSTICE SYSTEM

  24. MORE M.I. NOW IN CJS • MANY M.I. NOW FOUND IN JAILS AND PRISONS (10% - 15%) • RATE HIGHER THAN GENERAL POP. • RESULT OF DI? • HARD TO TELL

  25. THREE GROUPS • 1. MINOR OFFENDERS – LOITERING, DISTURBING PEACE, SHOPLIFTERS • MAJORITY OF M.I. IN CJS • 2. VIOLENT SUBSTANCE ABUSERS • 3. PSYCHOTIC MENTALLY ILL • WHEN OFF MEDS AND HAVE PSYCHOTIC EPISODE

  26. MAJOR PROBLEMS • LACK OF DIVERSION PROGRAMS FROM CJS • LACK OF MENTAL HEALTH TREATMENT IN CJS • UNWILLINGNESS OF MENTAL HEALTH PROGRAMS TO TREAT OFFENDERS

More Related