Mental
disorder and crime
Change in
emphasis over time, away from hopes that mental disorder would
explain crime, towards a concern with services for mentally
disordered offenders. less than 1% of all court appearances result in a
psychiatric disposal (including probation with a condition of treatment) i.e.
most offenders are not mentally ill, most of the mentally ill are not
offenders.
1. Services
Prison
surveys: one third of sentenced prisoners
given a diagnosis, 2% have a psychosis, around 3% require hospital transfer
(Gunn et al, 1991).
NB distinguish
responsibility (not a psychiatric concept) from need for treatment (medical
model).
Diversion
schemes: avoid remands in custody by providing
psychiatric care at an early stage (Joseph).? long-term outcome;
"Revolving door" patients.
With the advent
of contracting, it is important to have an idea of the components of a good
service in various settings e.g. courts, prisons.
Landmarks in legislation
1975 Butler
report following Graham Young tragedy.
1984 Death of Ms
Isabel Schwarz. Resultant inquiry led to:
1990
Royal College of Psychiatrists guidelines on good practice in aftercare of
potentially violent or vulnerable patients. Endorses the Care Program Approach,
Section 117 of MHA 1983
1991 Inquiry
established under Dr. William Boyd, Royal College: looking at homicides and
suicides in psychiatric patients. Estimated 35 (of total 500) homicides in
England and Wales have clear psychiatric link.
1992 Reed.
Principle: mentally disordered offenders are the responsibility of health and
social services, not the criminal justice system.
1993/4 Furore
over homicides by psychiatric patients ?tighter controls on discharged
patients. No community treatment order (yet?) but "supervised
discharge" and patient register proposed.
NB:?:
I. MHA 1983
speaks of patient's "health or safety" as reason for detention
ii. the
restriction order (541), to "protect the public from serious harm", allows
compulsory supervision as a conditionally discharged patient.
2. Links
between mental disorder and violence
There is a small
but significant link between schizophrenia and offending in general and
schizophrenia and violence in particular (Taylor & Gunn, Hafner &
Boker, Lindqvist & Allebeck) but:
i. Only
a small proportion of people with schizophrenia are violent, only a small
proportion of violent offenders are schizophrenic.
11. Methodological
problems, esp. reporting.
iii. Useless for
individual prediction.
iv. Many of the
same rules apply to mentally disordered violence as to other violence e.g. role
of substance abuse, environment, ?experience of violence in childhood. Some
distinctive rules may also apply e.g. psychotic men may be more likely to kill
a stranger, have bizarre motives.
Epidemiology V studies of individual
cases.
Homicide by a
patient is a negative outcome and may be best studied as such i.e. analogous to
the question of why the engine falls off a jumbo jet. A large sample and control
group is not the way to answer the question.
Mechanisms undying violence in
mental disorder
Why do
some patients act on delusions, others not? Strong associated affect and
seeking
information to confirm delusions were associated with acting on them
(Buchanan et al).
Dangerousness V. Risk Assessment
The former is a
less useful concept. Risk assessment can be based on more specific questions
and situations.