Mental illness versus mental disorder: Arguments and forensic implications

Author(s):  
Hans-Ludwig Kröber

Modern psychiatry uses a theoretical concept of ‘disorder’: it describes various impaired functions without distinguishing pathological disorders from non-pathological disorders, or even from disorders similar to an illness. Of course, this usage eliminates neither illnesses nor the subjective experience of being ill, but it has implications for forensic psychiatry and for the assessment of a person’s legal responsibility. Having schizophrenic delusions constitutes a categorically different state from having only wishful illusions or a vivid imagination. In the context of medicine and psychiatry, we certainly encounter stages that signal fundamental differences. These differences are easily detected when assessing psychotic disorders or similar states, but a lot of differences also arise when assessing perpetrators with personality disorders or simply antisocial behavior. Where, in these states, are the borders that demarcate full responsibility from substantially reduced social responsibility?

2017 ◽  
Vol 11 (2) ◽  
pp. 74-82
Author(s):  
Heather Welsh ◽  
Gary Morrison

Purpose The purpose of this paper is to investigate the use of the Mental Health (Care and Treatment) (Scotland) Act 2003 for people with learning disabilities in Scotland, in the context of the recent commitment by the Scottish Government to review the place of learning disability (LD) within the Act. Design/methodology/approach All current compulsory treatment orders (CTO) including LD as a type of mental disorder were identified and reviewed. Data was collected on duration and type of detention (hospital or community based) for all orders. For those with additional mental illness and/or personality disorder, diagnoses were recorded. For those with LD only, symptoms, severity of LD and treatment were recorded. Findings In total, 11 per cent of CTOs included LD as a type of mental disorder. The majority of these also included mental illness. The duration of detention for people with LD only was almost double that for those without LD. A variety of mental illness diagnoses were represented, psychotic disorders being the most common (54 per cent). Treatment was broad and multidisciplinary. In all, 87 per cent of people with LD only were prescribed psychotropic medication authorised by CTO. Originality/value There has been limited research on the use of mental health legislation for people with learning disabilities. This project aids understanding of current practice and will be of interest to readers both in Scotland and further afield. It will inform the review of LD as a type of mental disorder under Scottish mental health law, including consideration of the need for specific legislation.


Author(s):  
William Amory Carr ◽  
Amy Nicole Baker ◽  
James J. Cassidy

Recent research suggests that early onset of criminality is a potential marker for a subgroup of offenders with mental illness (OMI) for whom general risk/need factors are more relevant. The present study examines whether the presence of certain psychiatric diagnostic categories (i.e., Psychotic Disorders, Mood Disorders, Personality Disorders, Substance use Disorders) moderates the prediction of arrest outcomes using Level of Service Inventory-Revised (LSI-R) total scores in an archival sample of N = 179 OMI probationers. Moderator analyses demonstrated that LSI-R total scores predicted arrest outcomes significantly better for those with a diagnosis of Personality Disorder using path and survival analytic methods. Hierarchical regressions using LSI-R subscales as predictors revealed lower pro-criminal Attitudes for Mood Disordered participants, while more severe Criminal History and Family/Marital problems characterized those diagnosed with Personality Disorders. This study adds to the developing literature on subgroups of OMI for whom general risk/need factors are particularly important and highlights personality disturbance as another potential characterizing feature.


1995 ◽  
Vol 76 (2) ◽  
pp. 427-434 ◽  
Author(s):  
Geoffrey R. McKee

Legal responsibility for acts presumes that a person's behavior is rationally intentional and under voluntary control. Automatism, a type of insanity defense, contends that the person's conscious, voluntary control of behavior has been impaired by a mental disorder. In a recent case in South Carolina, automatism was offered as a defense to adultery, an at-fault grounds for divorce. On appeal, the State Supreme Court recognized the novel application of mental impairment defenses in domestic litigation and remanded the case for rehearing. Implications of the ruling for clinical and forensic practice in family court are discussed.


2002 ◽  
Vol 180 (2) ◽  
pp. 110-115 ◽  
Author(s):  
R. E. Kendell

BackgroundProposals by the UK Government for preventive detention of people with ‘dangerous severe personality disorders' highlight the unresolved issue of whether personality disorders should be regarded as mental illnesses.AimsTo clarify the issue by examining the concepts of psychopathy and personality disorder, the attitudes of contemporary British psychiatrists to personality disorders, and the meaning of the terms ‘mental illness'and ‘mental disorder’.MethodThe literature on personality disorder is assessed in the context of four contrasting concepts of illness or disease.ResultsWhichever of the four concepts or definitions is chosen, it is impossible to conclude with confidence that personality disorders are, or are not, mental illnesses; there are ambiguities in the definitions and basic information about personality disorders is lacking.ConclusionsThe historical reasons for regarding personality disorders as fundamentally different from mental illnesses are being undermined by both clinical and genetic evidence. Effective treatments for personality disorders would probably have a decisive influence on psychiatrists' attitudes.


2011 ◽  
Vol 26 (S2) ◽  
pp. 562-562
Author(s):  
G. Nikolic-Balkoski ◽  
D. Duisin ◽  
B. Batinic

IntroductionMental illness has great influence on the possibility of regular education, employment, sometimes cause temporarily or definitive work disability.ObjectivesCurrent diagnostic criteria divide mental illness in two categories: psychotic disorders which consider more severe and nonpsychotic disorders as less severe disorders. Aims: The aim of this pilot study was to test the influence of quality of the mental disorder (psychotic/ nonpsychotic) on education completion and professional abilities.MethodsInvestigation involves 141 patients who were treated in two months period at CCS at the Psychiatric Clinic. Patients were divided in two groups according to ICD X criteria: group A- psychotic, group B- nonpsychotic disorders. Groups were equalized in sex and age. We compared groups in educational level (years of completed school), profession (employed, unemployed, retired, disability pension) and the age when the mental illness has begun.Λ square test was used for the statistical analyses.ResultsResults showed that there were no statistical significant differences between groups in educational and professional performance. Groups differ only in the time of illness onset (earlier in group A).ConclusionsA group, in spite of earlier onset of the illness and more severe simptomatology, is equally successful in education and professional performance, as B group. This may be the consequence of the great support of the family and the society. It also gives us hope that something is changing in relation to psychiatric patients and that stigma, shame and exclusion is not, or will not be everyday experience this group of patients.


2011 ◽  
Vol 26 (S2) ◽  
pp. 2119-2119
Author(s):  
F. Petitjean

The Paris population covered, in 2007 2.181.000 inhabitants. This covers the city itself. When adding the surrounding towns, the total figure reaches 6.507.000, more than half the total Ile de France region.A recent study (LAPORTE, 2010) gives an estimate of 21.000 persons being homeless in the Paris megapole. A third of these individuals suffer from severe mental illness, with a prevalence of 13, 2% for psychotic disorders, 6,7% for affective disorders, 12,2% for anxiety and 21% for personality disorders.Psychoactive substances are to of concern for 29% of the homeless population.The author will present data from a two consecutive studies carried out in the Paris megapole concerning the homeless population. (KOVESS, 2001; LAPORTE, 2010).The author will present data from a two consecutive studies carried out in the Paris megapole concerning the homeless population. (KOVESS, 2001; LAPORTE, 2010).


Author(s):  
Linus Wittmann ◽  
Gunter Groen ◽  
Janusz Ogorka ◽  
Astrid Jörns-Presentati

AbstractEncounters between individuals with a mental disorder and police forces can be harmful and dangerous for both parties involved. Previous research explored mostly police officers’ subjective experience of these encounters and focused on their recommendations. The present study takes the perspective of individuals with a mental disorder and investigates their subjective experience of dealing with the police. Thirteen semi-structural interviews were conducted with individuals with a history of mental health problems who have had encounters with the police and experienced contact-based anti-stigmatization interventions as consultants. Interviews revolved around the subjective experience of these police encounters. Questionnaires were used to inquire about context factors, individuals’ perceptions of police officers, and their sense of security during these encounters. Furthermore, individuals were asked to rate police officers’ ability to recognize signs and symptoms of ill mental health and give recommendations in regard to adequate communication strategies, interventions, and police training. The results indicate that encounters were experienced predominantly as positive and non-threatening. Participants emphasized the importance of communication strategies with a focus on empathy and respect. Keeping personal space and satisfying basic needs was recommended. Contact-based anti-stigmatization interventions were regarded as an effective approach to reduce stigma. Empathy and respect are perceived as key strategies for police officers when dealing with individuals with a mental disorder. To promote these strategies, trialogical anti-stigmatization interventions and crisis intervention training, including communication skills and face-to-face contact, are promising approaches.


Author(s):  
Anne Høye ◽  
Bjarne K. Jacobsen ◽  
Jørgen G. Bramness ◽  
Ragnar Nesvåg ◽  
Ted Reichborn-Kjennerud ◽  
...  

Abstract Purpose To investigate the mortality in both in- and outpatients with personality disorders (PD), and to explore the association between mortality and comorbid substance use disorder (SUD) or severe mental illness (SMI). Methods All residents admitted to Norwegian in- and outpatient specialist health care services during 2009–2015 with a PD diagnosis were included. Standardized mortality ratios (SMRs) with 95% confidence intervals (CI) were estimated in patients with PD only and in patients with PD and comorbid SMI or SUD. Cox proportional hazards models were used to estimate adjusted hazard ratios (HRs) with 95% CIs in patients with PD and comorbid SMI or SUD compared to patients with PD only. Results Mortality was increased in both in- and outpatients with PD. The overall SMR was 3.8 (95% CI 3.6–4.0). The highest SMR was estimated for unnatural causes of death (11.0, 95% CI 10.0–12.0), but increased also for natural causes of death (2.2, 95% CI 2.0–2.5). Comorbidity was associated with higher SMRs, particularly due to poisoning and suicide. Patients with comorbid PD & SUD had almost four times higher all-cause mortality HR than patients with PD only; young women had the highest HR. Conclusion The SMR was high in both in- and outpatients with PD, and particularly high in patients with comorbid PD & SUD. Young female patients with PD & SUD were at highest risk. The higher mortality in patients with PD cannot, however, fully be accounted for by comorbidity.


2017 ◽  
Vol 52 (6) ◽  
pp. 530-541 ◽  
Author(s):  
Melissa J Green ◽  
Stacy Tzoumakis ◽  
Kristin R Laurens ◽  
Kimberlie Dean ◽  
Maina Kariuki ◽  
...  

Objective: Detecting the early emergence of childhood risk for adult mental disorders may lead to interventions for reducing subsequent burden of these disorders. We set out to determine classes of children who may be at risk for later mental disorder on the basis of early patterns of development in a population cohort, and associated exposures gleaned from linked administrative records obtained within the New South Wales Child Development Study. Methods: Intergenerational records from government departments of health, education, justice and child protection were linked with the Australian Early Development Census for a state population cohort of 67,353 children approximately 5 years of age. We used binary data from 16 subdomains of the Australian Early Development Census to determine classes of children with shared patterns of Australian Early Development Census–defined vulnerability using latent class analysis. Covariates, which included demographic features (sex, socioeconomic status) and exposure to child maltreatment, parental mental illness, parental criminal offending and perinatal adversities (i.e. birth complications, smoking during pregnancy, low birth weight), were examined hierarchically within latent class analysis models. Results: Four classes were identified, reflecting putative risk states for mental disorders: (1) disrespectful and aggressive/hyperactive behaviour, labelled ‘misconduct risk’ ( N = 4368; 6.5%); (2) ‘pervasive risk’ ( N = 2668; 4.0%); (3) ‘mild generalised risk’ ( N = 7822; 11.6%); and (4) ‘no risk’ ( N = 52,495; 77.9%). The odds of membership in putative risk groups (relative to the no risk group) were greater among children from backgrounds of child maltreatment, parental history of mental illness, parental history of criminal offending, socioeconomic disadvantage and perinatal adversities, with distinguishable patterns of association for some covariates. Conclusion: Patterns of early childhood developmental vulnerabilities may provide useful indicators for particular mental disorder outcomes in later life, although their predictive utility in this respect remains to be established in longitudinal follow-up of the cohort.


2009 ◽  
Vol 32 (6) ◽  
pp. 342-347 ◽  
Author(s):  
Henrik Anckarsäter ◽  
Susanna Radovic ◽  
Christer Svennerlind ◽  
Pontus Höglund ◽  
Filip Radovic

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