Mental disorder and the criminal justice system: Some overarching issues

1989 ◽  
Vol 12 (2-3) ◽  
pp. 231-244 ◽  
Author(s):  
Saleem A. Shah
Author(s):  
Thomas L. Hafemeister

The concluding chapter, Chapter 12, notes alternatives—such as diversion and mental health courts—to the commonly employed criminal justice proceedings that are being explored in the hope that they may be better suited for processing defendants with a mental disorder and thereby help to resolve some of the thorniest issues faced by the criminal justice system and society. It closes by reiterating the challenging nature of this field and stresses the important role that forensic mental health evaluators and their evaluations can play.


Author(s):  
Thomas L. Hafemeister

High-profile cases have drawn considerable attention to society’s ongoing struggle with how to approach and manage cases involving criminal offenders with a mental disorder. In these cases questions arise whether it is fair and just a) to conduct criminal proceedings while a defendant is experiencing a mental disorder and b) to hold individuals who were experiencing a mental disorder at the time of the crime fully accountable for their actions and punish them accordingly. What, if any, special rules and procedures should be employed? No set of issues poses a greater challenge to the criminal justice system than how to respond to individuals whose criminal actions can be attributed to a mental disorder or are experiencing a mental disorder during the course of their trial. Indeed, these cases illuminate who we are as a society.


Introduction The criminal justice system Crime Homicide Violence 1: theoretical background Violence 2 Sexual offences 1 Sexual offences 2 Stalking Other offences Mental disorder and offending 1: overview Mental disorder and offending 2: specific disorders and offending Assessing risk of violence Secure hospitals and units...


Author(s):  
Thomas L. Hafemeister

Chapter 2 presents an overview of forensic mental health assessments and their deployment within the criminal justice system. This chapter describes how forensic mental health assessments are conducted, the multiple steps taken in the course of these assessments, and the challenges and tensions associated with providing them within the criminal justice system. In addition, it delineates their distinctive nature and how they differ from clinical evaluations and mental health treatment. This chapter also discusses a key question that frequently arises in conjunction with these assessments, namely, distinguishing a genuine report of a mental disorder and its impact from malingering (i.e., the faking of an illness), and strategies for making this distinction.


1992 ◽  
Vol 37 (8) ◽  
pp. 532-538 ◽  
Author(s):  
Simon Davis

This paper is an overview of the conceptual and methodological problems encountered trying to assess the hypothesis that the mentally ill, as a consequence of deinstitutionalization, are being “criminalized”. Generalizations are difficult to make, in large part because most of the studies are American and do not fit well into the Canadian scene. Relevant Canadian findings are reviewed and compared to the US data. There is some evidence that Canadian patients may be diverted from the criminal justice system more often than in the US, where there are fewer resources. However, this conclusion must be tempered by the fact that Canadian surveys have found high rates of mental disorder among prison and jail inmates.


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