Guilty But Mentally Ill: A Retreat from the Insanity Defense

1981 ◽  
Vol 7 (2) ◽  
pp. 236-264
Author(s):  
Scott Leigh Sherman
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Recent Trend ◽  
Insanity Defense ◽  
Constitutional Rights ◽  
Violent Crimes ◽  
The Public ◽  
Psychiatric Institution ◽  
Insanity Acquittees

Abstract“Guilty but mentally ill” legislation responds to the increasing outbreak of violent crimes and to public skepticism concerning the ability of psychiatrists to determine the advisability of a criminal's return to society. Under this alternative to the traditional insanity defense, once the defendant chooses to plead not guilty by reason of insanity, the trier of fact may elect to find him guilty, but mentally ill. This may occur when it is determined that the defendant's mental illness is not severe enough to negate culpability. The court must then sentence the defendant to a term in prison instead of committing him to a psychiatric institution.This Note discusses the origins of the guilty but mentally ill verdict and outlines the development of commitment standards for civil patients and insanity acquittees. While these standards appeared to be merging for a period of time the more recent trend has been to treat civil patients and insanity acquitees differently. This Note maintains that the guilty but mentally ill verdict involves an unnecessarily severe curtailment of the mentally ill offender's constitutional rights.The Note delineates a proposal critiquing the misconceptions on which the statute is based and the excessive restraints on liberty it causes. The proposal examines the reasons for the public's misgivings with the insanity defense and suggests that the threat to the public's safety may not be as serious as it appears. Furthermore, it indicates that while problems remain with the existing insanity defense, the solution to those problems provided by the guilty but mentally ill statute outweighs the risk that insanity acquittees pose to the public.

Children's Attitudes toward Mental Illness as Assessed by the Opinions about Mental Illness Scale

1985 ◽  
Vol 57 (1) ◽  
pp. 251-258 ◽  
Author(s):  
Marc Franchot Weiss
Keyword(s):  
Mental Illness ◽  
Mental Health Professionals ◽  
Mentally Ill ◽  
Psychiatric Patients ◽  
School Age Children ◽  
Elementary School Age ◽  
The Public ◽  
Children's Attitudes ◽  
Attitudes Toward Mental Illness ◽  
Opinions About Mental Illness

Research on attitudes toward mental illness held by the public, by mental health professionals and personnel, and by psychiatric patients and their families is substantial. Little attention has been given to children's attitudes toward mental illness and the mentally ill, so this exploratory-descriptive study examined the developmental trends of children's attitudes toward the mentally ill. An adaptation of the Opinions About Mental Illness Scale was given to 512 elementary school age children who were placed in Grades 2, 4, 6, and 8. It was determined that with increasing grade/age children took a less authoritarian attitude toward the mentally ill and viewed mentally ill persons as more like themselves. Children rook an increasingly parernalistic view of the mentally ill, were less likely to see mental illness as an illness like any other, perceived mental patients as less of a threat to society and needing fewer restrictions. Finally, with increasing age/grade children perceived mental illness as less likely attributable to inadequate, deprived or interpersonal experiences. Results were discussed in terms of a relatively increased “positive attitude” and the relative acceptance and rejection of the mentally ill.

scholarly journals Stigma 1, Psychiatrists 0

1999 ◽  
Vol 23 (7) ◽  
pp. 430-430 ◽  
Author(s):  
Geoffrey Searle
Keyword(s):  
Mental Illness ◽  
Public Education ◽  
Royal College ◽  
Mentally Ill ◽  
The Public ◽  
Education Campaign ◽  
Public Education Campaign ◽  
The Media

I think I can honestly say that I am a seasoned complainer, although I am careful not to attempt to be Mary Whitehouse and I do not assiduously scan the media looking for trouble. My interest in the area of stigmatization started with an episode of the TV drama Boon, where they suddenly had a character become ‘mentally ill’ so that he could conveniently shoot the hero to achieve a cliff-hanging end-of-series episode. Subsequently I specialised in the portrayal of mental illness in dramatic productions, joined the Public Education Campaign divisional network and had some media training. I have been listed as an expert in the portrayal of mental illness for five years but have never been approached for my advice on this area. However, following this year's announcement of the new Royal College of Psychiatrists' campaign ‘Changing Minds: Every Family in the Land’, I obtained all the names and addresses in Deborah Hart and Jill Phillipson's article above and stood ready to ‘do my bit’ for truth and honesty.

Alternatives to the Insanity Defense

1984 ◽  
Vol 12 (1) ◽  
pp. 93-102
Author(s):  
Randy G. Lagrone ◽  
Don C. Combs
Keyword(s):  
Mentally Ill ◽  
Insanity Defense ◽  
The Public ◽  
Public Arena

The insanity defense, so named from the verdict of “not guilty by reason of insantiy” (NGRI), has been a source of empassioned debate since its inception. More recently, the NGRI controversy was renewed by the verdict of NGRI in the case of John Hinckley, Jr. This article examines various issues and alternatives to the insanity defense, i.e., “guilty but mentally ill” (GBMI) and “not responsible by reason of insanity” (NRRI), that are evolving in the public arena today. An argument favoring NRRI is presented.

Prevalence of Schizophrenia among Women in Refuges for the Homeless

1993 ◽  
Vol 27 (3) ◽  
pp. 405-410 ◽  
Author(s):  
Angelo Virgona ◽  
Neil Buhrich ◽  
Maree Teesson
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Homeless Women ◽  
Lifetime Prevalence ◽  
Prolonged Stay ◽  
Psychiatric Institution ◽  
Homeless Mentally Ill ◽  
History Of

There are considerably more homeless mentally ill men than women. However the rate of mental illness among homeless women appears to be relatively greater than for men. We found the lifetime prevalence of schizophrenia among a cohort of 54 women residing in refuges for the homeless in inner Sydney to be approximately 30%. Only three of the women had a history of prolonged stay in a psychiatric institution. Schizophrenic women had resided at the refuges for longer than non-schizophrenic women.

scholarly journals Attitudes of the German public to restrictions on persons with mental illness in 1993 and 2011

2014 ◽  
Vol 23 (3) ◽  
pp. 263-270 ◽  
Author(s):  
M. C. Angermeyer ◽  
H. Matschinger ◽  
G. Schomerus
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Public Attitudes ◽  
Compulsory Admission ◽  
Persons With Disabilities ◽  
The Public ◽  
Driver's License ◽  
New States ◽  
The Right ◽  
Compulsory Sterilisation

Aims.In recent years, the United Nations Convention on the Rights of Persons with Disabilities, the Mental Health Declaration for Europe and other initiatives laid the ground for improving the rights of persons with mental illness. This study aims to explore to what extent these achievements are reflected in changes of public attitudes towards restrictions on mentally ill people.Methods.Data from two population surveys that have been conducted in the ‘new’ States of Germany in 1993 and 2011 are compared with each other.Results.The proportion of respondents accepting compulsory admission of mentally ill persons to a psychiatric hospital remained unchanged in general, but the proportion opposing compulsory admission on grounds not sanctioned by law declined. In contrast, more respondents were opposed to permanently revoking the driver's license and fewer supported abortion and (voluntary) sterilisation in 2011. Concerning the right to vote and compulsory sterilisation, the proportion of those who did not give their views increased most.Conclusions.Two divergent trends in public attitudes towards restrictions on people with mental disorders emerge: While, in general, people's views on patients' rights have become more liberal, the public is also more inclined to restricting patients’ freedom in case of deviant behaviour.

Oregon's Psychiatric Security Review Board: A Comprehensive System for Managing Insanity Acquittees

1986 ◽  
Vol 484 (1) ◽  
pp. 86-99 ◽  
Author(s):  
JEFFREY L. ROGERS ◽  
JOSEPH D. BLOOM ◽  
SPERO M. MANSON
Keyword(s):  
Mentally Ill ◽  
Empirical Studies ◽  
Insanity Defense ◽  
Mentally Ill Offenders ◽  
Comprehensive System ◽  
The Past ◽  
Unique System ◽  
Part Time ◽  
Insanity Acquittees ◽  
Controversial Aspect

The insanity defense is a particularly controversial aspect of the interaction between law and mental health. During the past decade, many states have revised or abolished their insanity defenses. Oregon, however, chose in 1978 to retain its existing defense and create a new, unique system for the post-adjudication management of insanity acquittees. Oregon's legislature established the Psychiatric Security Review Board (PSRB), which is composed of five part-time members drawn from different disciplines, to conduct periodic hearings to determine the placement and supervision of defendants who successfully raise the insanity defense and remain mentally ill and dangerous. The PSRB has received national attention as a promising approach to managing mentally ill offenders. The authors first describe the structure and operation of the Oregon system. Then they summarize the empirical studies they have conducted of the PSRB in action.

scholarly journals An Analysis of the Death Penalty in Indonesia Criminal Law

2017 ◽  
Vol 1 (2) ◽  
pp. 191 ◽  
Author(s):  
Eddy Rifai
Keyword(s):  
Mental Illness ◽  
Death Penalty ◽  
Criminal Law ◽  
Judicial Review ◽  
Mentally Ill ◽  
Criminal Code ◽  
Constitutional Court ◽  
Legal Policy ◽  
The Public ◽  
Public Reaction

This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali). Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by ten years probations. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still kept putting the death penalty in criminal law, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment.

Psychiatry and Its Checkered Past

2019 ◽  
pp. 87-102
Author(s):  
Judith Puckett ◽  
David Shumway Jones
Keyword(s):  
Mental Illness ◽  
Medical Education ◽  
Mentally Ill ◽  
Medical Profession ◽  
The Other ◽  
Psychiatric Nosology ◽  
The Public ◽  
History Of ◽  
Medical Professions ◽  
The Continuum

This chapter examines the history of critiques that have been made of psychiatric practice in specific times and specific places. Though psychiatry is well-established as part of the medical profession and requires completion of a medical education all doctors receive, psychiatrists are often viewed as distinct from other doctors, and psychiatry continues to be viewed negatively in the public eye. Psychiatrists themselves have been partly to blame for this; the profession originally spent decades attempting to differentiate itself from the other medical professions. Since it is not possible to cover every aspect of the history of critiques of psychiatry, the chapter focuses on two major problems that continue to influence how psychiatry is practiced and perceived today: the development of asylums as a form of confinement for those who are mentally ill, and the development of psychiatric nosology and diagnosis. By exploring the continuum of mental illness and the idea of “normal versus abnormal,” the chapter offers psychiatrists a framework for how they can think about their work going forward.

The Blame Game

2018 ◽  
Vol 21 (2) ◽  
pp. 247-266
Author(s):  
Andrea D. Lyon
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Mental Illness ◽  
Criminal Justice ◽  
Mentally Ill ◽  
Public Perceptions ◽  
The Public ◽  
The Many ◽  
Many Sources ◽  
Broad Policy

Although in recent years it has become a bit easier to discuss mental health challenges in public, mental illness is still somehow viewed by many in the public as a moral failing. It is that underlying judgement, that unwillingness to look at the many sources that leads to profound misunderstandings by the public, particularly in the context of a criminal trial. In this article I examine these issues in that context in order to better identify, and come to a better understanding of where our shared biases get in the way of a reasoned view of such evidence. The article examines some broad policy questions regarding what we, as a society, do with our mentally ill, and then looks at public perceptions and their impact on criminal justice decision making.

EPA guidance on how to improve the image of psychiatry and of the psychiatrist

2015 ◽  
Vol 30 (3) ◽  
pp. 423-430 ◽  
Author(s):  
D. Bhugra ◽  
N. Sartorius ◽  
A. Fiorillo ◽  
S. Evans-Lacko ◽  
A. Ventriglio ◽  
...  
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Mentally Ill ◽  
Public Attitudes ◽  
Negative Attitudes ◽  
Factors Affecting ◽  
The Public ◽  
The Media

AbstractStigma against mental illness and the mentally ill is well known. However, stigma against psychiatrists and mental health professionals is known but not discussed widely. Public attitudes and also those of other professionals affect recruitment into psychiatry and mental health services. The reasons for this discriminatory attitude are many and often not dissimilar to those held against mentally ill individuals. In this Guidance paper we present some of the factors affecting the image of psychiatry and psychiatrists which is perceived by the public at large. We look at the portrayal of psychiatry, psychiatrists in the media and literature which may affect attitudes. We also explore potential causes and explanations and propose some strategies in dealing with negative attitudes. Reduction in negative attitudes will improve recruitment and retention in psychiatry. We recommend that national psychiatric societies and other stakeholders, including patients, their families and carers, have a major and significant role to play in dealing with stigma, discrimination and prejudice against psychiatry and psychiatrists.

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