Reliability of Psychiatric Evidence in Serious Criminal Matters: Fitness to Stand Trial and the Defence of Mental Illness

2009 ◽  
Vol 43 (5) ◽  
pp. 446-452 ◽  
Author(s):  
Matthew Large ◽  
Olav Nielssen ◽  
Gordon Elliott
Keyword(s):  
Mental Illness ◽  
Expert Witness ◽  
New South ◽  
New South Wales ◽  
Consecutive Series ◽  
Expert Opinions ◽  
South Wales ◽  
Fitness To Stand Trial ◽  
Criminal Matters ◽  
Level Of Agreement

Objective: The criminal justice system relies on the opinions of expert witness to assist in decisions about fitness to stand trial (FST) and verdicts of not guilty by reason of mental illness (NGMI). The aim of the present study was to assess the level of agreement between experts about these legal issues using a consecutive series of serious criminal matters in New South Wales. Methods: Pairs of reports from 110 consecutive criminal matters completed by the New South Wales Office of the Director of Public Prosecutions between 2005 and 2007 were examined. The opinions of experts about FST and NGMI were recorded. Results: Agreement about FST was fair–moderate (experts engaged by opposite sides, κ = 0.293; experts engaged by the same side, κ = 0.471), although there was a higher level of agreement in homicide matters. Agreement about NGMI was moderate–good (experts engaged by opposite sides, κ = 0.508; experts engaged by the same side, κ = 0.644) and there was a higher level of agreement when the experts also agreed about the diagnosis of schizophrenia. Further analysis using generalized estimating equations did not find a higher level of agreement about FST or NGMI in pairs of reports containing the opinion of experts from the same side. Conclusions: Little evidence was found for bias in expert opinions about either FST or NGMI, but the comparatively low level of agreement about FST suggests the need for reform in the way that FST is assessed.

Homelessness and mental illness in rural New South Wales

1993 ◽  
Vol 158 (11) ◽  
pp. 796-796
Author(s):  
Helen Saenger ◽  
Harry W Freeman
Keyword(s):  
Mental Illness ◽  
New South ◽  
New South Wales ◽  
South Wales

Appealing a Mental Illness Verdict in New South Wales

2013 ◽  
Vol 21 (1) ◽  
pp. 67-77
Author(s):  
Kerri Eagle ◽  
Jonathon Adams
Keyword(s):  
Mental Illness ◽  
New South ◽  
New South Wales ◽  
South Wales

Mental Health Status of Aboriginal and Non-Aboriginal Australian Prisoners

2007 ◽  
Vol 41 (5) ◽  
pp. 429-435 ◽  
Author(s):  
Tony Butler ◽  
Stephen Allnutt ◽  
Azar Kariminia ◽  
David Cain
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
New South ◽  
New South Wales ◽  
Composite International Diagnostic Interview ◽  
Vulnerable Groups ◽  
Aboriginal Woman ◽  
Cross Sectional ◽  
Aboriginal Women ◽  
South Wales

Objective: To compare the mental health of Aboriginal and non-Aboriginal prisoners in New South Wales. Methods: The sample consisted of a cross-sectional random sample of sentenced prisoners, and a consecutive sample of reception prisoners. The sample was drawn from 29 correctional centres (27 male, two female) across New South Wales. Overall, 1208 men (226 Aboriginal), and 262 women (51 Aboriginal) participated in the study. Mental illness was detected using the Composite International Diagnostic Interview (CIDI-A) and a number of other screening measures incorporated into the programme. Results: No differences were detected in mental illness between Aboriginal and non-Aboriginal men, apart from depression, which was lower in the latter group. Aboriginal woman were more likely than non-Aboriginal women to screen positive for symptoms of psychosis in the prior 12 months and have a higher 1 month and 12 month prevalence of affective disorder; they also had higher psychological distress scores. Suicidal thoughts and attempts were the same in both groups. Conclusions: These findings confirm that the demand for mental health services in prisons is considerable, and that Aboriginal women are one of the most vulnerable groups. Services and programmes providing an alternative to incarceration are needed, as are culturally sensitive approaches to treatment.

The Mental Illness of Captain Hyndman

1979 ◽  
Vol 13 (2) ◽  
pp. 147-152 ◽  
Author(s):  
Graham A. Edwards
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
New South ◽  
New South Wales ◽  
The State ◽  
Health Law ◽  
Mental Health Law ◽  
South Wales

The mental illness of Captain Charles Robertson Hyndman resulted in his compulsory hospitalization in Tarban Creek Asylum in 1843 and 1864–1866. His illness, and the question of mental health law which was subsequently raised, were of great significance for the colony of New South Wales in that it led to the first specific lunacy legislation in the state. The issues raised are still the fundamental questions with which contemporary mental health law is concerned.

Mental Disorder in the New South Wales Prisoner Population

2005 ◽  
Vol 39 (5) ◽  
pp. 407-413 ◽  
Author(s):  
Tony Butler ◽  
Stephen Allnutt ◽  
David Cain ◽  
Dale Owens ◽  
Christine Muller
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Anxiety Disorder ◽  
New South ◽  
Psychiatric Morbidity ◽  
New South Wales ◽  
Composite International Diagnostic Interview ◽  
Diagnostic Interview ◽  
Psychotic Symptoms ◽  
South Wales

Objectives: To determine the prevalence of mental illness among prisoners in New South Wales (NSW), Australia. Method: Mental illness was examined in two NSW prisoner populations: (i) new receptions to the correctional system; and (ii) sentenced prisoners. Reception prisoners were screened at four male centres and one female centre in NSW. The sentenced population was randomly selected from 28 correctional centres across the state. Reception prisoners were screened consecutively whenever possible while the sentenced group was randomly selected as part of the 2001 Inmate Health Survey. We adopted the same instrument, Composite International Diagnostic Interview – Auto (CIDI-A), for diagnosing mental illness as used in the Australian National Survey of Mental Health and Wellbeing. Results: Overall, 43% of those screened had at least one of the following diagnoses: psychosis, anxiety disorder, or affective disorder. Reception prisoners suffered from mental illness to a greater extent than sentenced prisoners (46% vs. 38%). Women had higher levels of psychiatric morbidity than men (61% vs. 39%). Nine percent (9%) of all prisoners had experienced psychotic symptoms (due to any cause) in the prior 12 months. Twenty percent (20%) of all prisoners had suffered from at least one type of mood disorder and 36% had experienced an anxiety disorder. Posttraumatic stress disorder was the most common disorder, diagnosed in 26% of receptions and 21% of sentenced prisoners. Conclusions: These findings confirm that prisoners are a highly mentally disordered group compared with the general community. Given the high prevalence of mental illness identified by this study, it is essential that prison mental health services be adequately resourced to address the demand and, at minimum, ensure that mental health does not deteriorate during incarceration.

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