scholarly journals Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder

2021 ◽  
Author(s):  
Thomas Hartvigsson
Keyword(s):  
Criminal Justice ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Criminal Responsibility ◽  
Psychiatric Patients ◽  
Involuntary Treatment ◽  
Psychiatric Condition ◽  
Psychiatric Institutions

AbstractThe aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with mental disorders who have committed crimes and been exempted from criminal responsibility would then fall outside the scope of criminal justice as well as that of the psychiatric institutions if they were to refuse care. In this paper, I present and develop a solution to how society should deal with this group of people, called Advance criminal responsibility. The basic idea being that if a person with a potentially responsibility exempting psychiatric condition refuses care, that person is responsible for any future criminal acts which are due to the mental disorder.

The notion of ‘a person of unsound mind’ under Article 5 § 1(e) of the European Convention on Human Rights

2020 ◽  
Vol 38 (4) ◽  
pp. 283-301
Author(s):  
Marcin Szwed
Keyword(s):  
Mental Disorders ◽  
Mental Disorder ◽  
Criminal Responsibility ◽  
Case Law ◽  
Self Control ◽  
European Convention ◽  
Personal Liberty ◽  
The Past ◽  
Definition Of ◽  
Article 5

This article presents a critical analysis of the case-law of the ECtHR with regards to the interpretation of the notion of ‘a person of unsound mind’ under Article 5 § 1(e) of the Convention. According to the Court, only a person who has been reliably diagnosed with a mental disorder and who poses a danger to himself or others can be legally detained as ‘a person of unsound mind’. However, the notion of ‘unsoundness of mind’ is not limited to such mental disorders which are treatable or which deprive the persons affected of their ability to self-control and so in the past the Court applied the said provision of the Convention to, among others, persons diagnosed with personality disorders or paedophilia who commited crimes acting with full criminal responsibility. The article argues that such a definition of the notion ‘a person of unsound mind’ is not sufficiently clear, what is dangerous from the perspective of protection of personal liberty. For this reason, the article proposes to limit the scope of the analysed notion to persons affected by such mental disorders that exclude or significantly reduce their ability to make informed decisions about their own health and/or to control their own behaviour and recognise the meaning of their own actions. Only then, provided that other criteria developed in the Court’s case law, such as dangerousness for self or others and lack of less restrictive alternatives, have been satisfied, detention of person with mental disorder may be consistent with the object and purpose of the Convention.

scholarly journals ANALISA FAKTOR YANG MEMPENGARUHI KEKAMBUHAN PASIEN GANGGUAN JIWA DENGAN MODEL STRES ADAPTASI STUART DI RUMAH SAKIT JIWA DAN KETERGANTUNGAN OBAT SEMBADA MEDAN

2019 ◽  
Vol 1 (2) ◽  
pp. 63-69
Author(s):  
Maximilianus Dasril Samura ◽  
Tellen Marlina Tellen
Keyword(s):  
Social Support ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Family Support ◽  
Psychiatric Patients ◽  
Chi Square ◽  
Cross Sectional ◽  
Drug Dependency ◽  
The Family ◽  
The Individual

Mental disorders are very dangerous even it does directly cause death, but will cause deep suffering for the individual and a heavy burden on the family. The factors that cause mental disorders vary depending on the type of mental disorder experienced. This Research aims to determine the factors that affect relapse of mental disorder patients in the Sembada Medan Mental Hospital and Drug Dependency 2019. This research is quantitative with a cross sectional approach and sampling with a purposive sample technique. This research was conducted on 28 respondents with research variables are factors of compliance, family support, and social support. From the research that has been done, it was found that the majority of respondents aged between 31 - 46 years (64.3%), based on the sex of the respondents, the majority were male (60.7%), based on the environmental characteristics of the majority urban respondents (64.3%) , based on the family support of the respondents, the majority were good (57.1%), based on the respondents' compliance, the majority was not good (60.7%), based on environmental support the majority were not good (67.9%) ) The results of the Chi-square test show a significance value of p (0.008) α <(0.05) which means that there are significant factors between adherence, family support, and social support for recurrence in the Mental disorders Hospital and Drug Dependency Medan in 2019. It is recommended for psychiatric patients to be more obedient in taking drugs as recommended by doctors in the Mental sicknes Hospital and Drug Dependency Medan in 2019.

scholarly journals Study of the Santal-Psychiatric Patients and their Belief Towards Mental Illness

2018 ◽  
Vol 24 (2) ◽  
pp. 76-81
Author(s):  
AA Mamun Hussain ◽  
Shahana Qais ◽  
MMR Khan
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Ethnic Minorities ◽  
Psychiatric Illness ◽  
Medical Condition ◽  
Psychiatric Patients ◽  
General Medical Condition ◽  
Major Mental Disorder

This study aims at finding the presence of psychiatric illness of the santals, an ethnic minorities of the northern part of Bangladesh and their belief towards mental illness. Among the 77 patients, 39 (50.64%) were male and 38 (49.35%) were female. The majority of the respondents were in between the age of 16-35 years. Most (80%) believed that possession by Bonga/Kali caused the illness. In the present study, 45 (59.74%) had major mental disorder, 18 (23.37%) had minor mental disorders and 13 (16.88%) had psychotic disorder due to general medical condition (viz. Epilepsy). Observations suggest that change of awareness and perception regarding mental disorder, should be a high priority, as right mental health is one of the key component of total delivery of health care.TAJ 2011; 24(2): 76-81

scholarly journals Stigma and Quality of Life among People Diagnosed with Mental Disorders

10.17816/cp83 ◽  
2021 ◽  
Author(s):  
Adela Magdalena Ciobanu ◽  
Larisa Maria Catrinescu ◽  
Daniel Mihăiță Ivașcu ◽  
Carmen Petrina Niculae ◽  
Andreea Silvana Szalontay
Keyword(s):  
Quality Of Life ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Mental Health Professionals ◽  
Psychiatric Patients ◽  
Descriptive Analysis ◽  
Relevant Literature ◽  
Poor Quality ◽  
The Impact

INTRODUCTION: The anti-psychiatric movements that emerged in the early 1960s led to the appearance of stigma in psychiatry. The misunderstanding of the concept of mental disorder, the negative way in which associated hospitalization was perceived, the inclination to treat patients through psychological therapies, and the criticism of pharmacological treatment led to the discrediting of psychiatry. AIM: The current paper aims to review the available literature regarding the impact of stigma on the quality of life of people diagnosed with mental disorders. MATERIALS AND METHODS: A narrative review of relevant literature published between 1999 and 2021 was conducted. The authors analysed studies found on PubMed and the Web of Science electronic databases. The search terms combined two overlapping areas with keywords such as "stigma" and "mental disorders". A descriptive analysis was employed to synthesize the obtained data. RESULTS: Stigma continues to be an important challenge to the management of health conditions in people with mental disorders. A lack of comprehension may give the impression that all psychiatric patients are aggressive and are unable to function adequately. Such stigmatizing beliefs and habits have proven to be very difficult to change. CONCLUSIONS: Due to the stigmatization and repulsive attitudes in society, patients are reluctant to be linked to any form of mental disorder or to be seen as having any contact with mental health professionals. This undermines the beneficial effects of treatment, resulting in a poor quality of life and diminished socio-occupational functioning.

A practice with a very long history

2017 ◽  
Author(s):  
George Szmukler
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Involuntary Treatment ◽  
Socially Excluded ◽  
Health Laws

For over two centuries, the criteria for the detention and involuntary treatment of people with mental disorders in conventional mental health laws have remained fundamentally unchanged. They have been based on a combination of (1) a diagnosis of some form of ‘mental disorder’, generally loosely defined, if at all; and (2) the presence of risk of harm to the person or to others. The lack of change may be interpreted as evidence that such law works well. More likely, the reason for its persistence is the lack of a ‘voice’ of the largely socially excluded people who are subject to such laws. The broadly drawn nature of these criteria, it is suggested, contribute to the ‘shadow of coercion’ that continues to loom over the practice of psychiatry.

scholarly journals Impact of arthritis on the perceived need and use of mental healthcare among Canadians with mental disorders: nationally representative cross-sectional study

BMJ Open ◽  
2020 ◽  
Vol 10 (12) ◽  
pp. e041371
Author(s):  
Alyssa Howren ◽  
J Antonio Aviña-Zubieta ◽  
Deborah Da Costa ◽  
Joseph H Puyat ◽  
Hui Xie ◽  
...  
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Clinical Care ◽  
Mental Healthcare ◽  
Cluster Sampling ◽  
Cross Sectional ◽  
Perceived Need ◽  
Mental Health Support ◽  
Health Support

ObjectiveTo evaluate the association between having arthritis and the perceived need for mental healthcare and use of mental health support among individuals with mental disorders.DesignA cross-sectional analysis using data from Canadian Community Health Survey—Mental Health (2012).SettingThe survey was administered across Canada’s 10 provinces using multistage cluster sampling.ParticipantsThe study sample consisted of individuals reporting depression, anxiety or bipolar disorder.Study variables and analysisThe explanatory variable was self-reported doctor-diagnosed arthritis, and outcomes were perceived need for mental healthcare and use of mental health support. We computed overall and gender-stratified multivariable binomial logistic regression models adjusted for age, gender, race/ethnicity, income and geographical region.ResultsAmong 1774 individuals with a mental disorder in the study sample, 436 (20.4%) reported having arthritis. Arthritis was associated with increased odds of having a perceived need for mental healthcare (adjusted OR (aOR) 1.71, 95% CI 1.06 to 2.77). In the gender-stratified models, this association was increased among men (aOR 2.69, 95% CI 1.32 to 5.49) but not women (aOR 1.48, 95% CI 0.78 to 2.82). Evaluation of the association between arthritis and use of mental health support resulted in an aOR of 1.50 (95% CI 0.89 to 2.51). Individuals with arthritis tended to use medications and professional services as opposed to non-professional support.ConclusionComorbid arthritis among individuals with a mental disorder was associated with an increased perceived need for mental healthcare, especially in men, underscoring the importance of understanding the role of masculinity in health seeking. Assessing the mental health of patients with arthritis continues to be essential for clinical care.

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