Mental Health Professionals and the Criminal Justice System

2017 ◽  
Author(s):  
Reena Kapoor ◽  
Alec Buchanan
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Mental Health Professionals ◽  
Justice System ◽  
Essential Elements ◽  
Competence To Stand Trial ◽  
Jail Diversion ◽  
System P ◽  
Definition Of

This chapter provides guidance for mental health clinicians whose patients are involved in the criminal justice system. It describes the typical course for a person with mental illness as he or she progresses through the criminal justice system, with a focus on the various types of psychiatric evaluations that are performed. It discusses the legal basis and essential elements of competence to stand trial evaluations, the legal definition of insanity, jail diversion programs, and presentencing evaluations. The differences between treating clinicians and forensic evaluators in the criminal justice system are explained. Finally, it offers guiding principles and tips for avoiding common pitfalls.

Developmental approach to understanding the needs of young people in contact with the criminal justice system

2020 ◽  
pp. 1423-1432
Author(s):  
Sue Bailey ◽  
Prathiba Chitsabesan
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Mental Health Problems ◽  
Legal Framework ◽  
Developmental Approach ◽  
System P

Over the last decade, studies have highlighted that young people with disproportionately high and multiple needs have clustered in the juvenile justice system. These young people experience higher levels of diagnosable mental health problems and neurodisability than the general population. This chapter provides a developmental approach to understanding the needs of young people in contact with the criminal justice system. It reviews the prevalence of a range of mental health and neurodevelopmental disorders in young offenders and describes the key principles of assessment and intervention approaches. The policy and legal framework have been illustrated by reference to the system in England but will have relevance to readers from further afield.

scholarly journals Psychiatric assessment and diversion schemes: problems associated with brief court reports

1998 ◽  
Vol 22 (5) ◽  
pp. 303-305
Author(s):  
Clare Chambers ◽  
Jane Gill
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Mental Health Professionals ◽  
Legal System ◽  
Health Professionals ◽  
Justice System ◽  
Specific Training ◽  
Psychiatric Assessment

Mental health professionals are becoming increasingly involved with the criminal justice system through their work in psychiatric assessment and diversion schemes. Preparation of reports for the courts requires knowledge of the legal system. Those preparing such reports need specific training for this work.

Serious Mental Illness, Criminal Justice, and the Death Penalty

2020 ◽  
pp. 159-171
Author(s):  
Anna Scheyett ◽  
Katherine J. Crawford
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Serious Mental Illness ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Justice System ◽  
Community Members

This chapter addresses the intersection of mental health and the criminal justice system. Individuals with serious mental illness (SMI) are at higher risk of involvement with the criminal justice system and at greater risk of more severe sentencing. Mental Health America estimates that 20% of persons on death row have a serious mental illness. Someone who was actively mentally ill at the time of a crime, but who has received treatment and is now stable, will proceed to trial as death eligible. This chapter holds that, as the majority of mental health professionals, social workers have a responsibility for educating lawmakers, community members, and those in the criminal justice system, as well as other practitioners about the multiple levels of injustice and inequity surrounding individuals with SMI and the criminal justice system. These issues range from inadequate and inconsistent treatment in the community, jails, and prisons to differential sentencing practices.

Familiarity and Conviction in the Criminal Justice System

2019 ◽  
Author(s):  
Joanna Pozzulo ◽  
Emily Pica ◽  
Chelsea Sheahan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Eyewitness Identification ◽  
Cognitive Theory ◽  
Social Psychological ◽  
Eyewitness Accuracy ◽  
System P ◽  
Definition Of ◽  
Jury Decision

Eyewitnesses are likely to have some degree of familiarity with a perpetrator when a crime is committed. Despite the fact that the majority of crimes are committed by someone with whom the victim/witness is familiar, the majority of eyewitness research has focused on the identification of stranger perpetrators. It is critical to examine how familiarity may influence eyewitness accuracy. Familiarity can vary from a complete stranger to a very familiar other. This book explores the “middle ground” as it relates to the criminal justice system, namely describing perpetrators, eyewitness identification, and jury decision-making. The purpose of this book is to consolidate the literature that exists regarding familiarity and to apply this research to an eyewitness context. This book attempts to better understand how familiarity may impact eyewitnesses and to highlight key considerations when an eyewitness is familiar with a perpetrator while collecting eyewitness evidence and using it in a courtroom. This is achieved through an in-depth discussion of the definition of familiarity, the examination of critical social psychological and cognitive theory in relation to familiarity, a description of the current literature examining eyewitness familiarity, a discussion of familiarity evidence in the courtroom, and a proposal for future directions and research.

scholarly journals (DE)CONSTRUCTING THE “PERFECT RAPE VICTIM”: AN ANALYSIS OF SEXUAL ASSAULT AND SURVIVOR DISCOURSES IN THE CANADIAN CRIMINAL JUSTICE SYSTEM

2021 ◽  
Author(s):  
Vanshika Dhawan ◽  
Marty Fink
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice System ◽  
Critical Discourse Analysis ◽  
Justice System ◽  
Rape Myths ◽  
Attrition Rates ◽  
Sexual Assault Survivors ◽  
Spousal Rape ◽  
Definition Of

The Canadian criminal justice system has seen many progressive changes to the way sexual assault cases are investigated and prosecuted over the past several decades. From the acknowledgement of spousal rape to the introduction of rape shield provisions, the law has seemingly changed to broaden the definition of what is considered a sexual assault. However, sexually-based offences are still vastly underreported and have the lowest attrition rates of indictable offences. Larger societal discourses around sexual assault and survivor-hood consist largely of rape myths, such as the idea that “real rape” only occurs when an “undeserving” woman is sexually assaulted by a “stranger in the dark.” These discourses permeate the Canadian criminal justice system, negatively influencing the experience of survivors who do not fit the narrow mould “real rape.” Drawing from Norman Fairclough’s Critical Discourse Analysis and Stuart Hall’s Discursive Approach, this Major Research Paper traces the effects of these discourses on constructions of sexual assault and survivor-hood in the legal system. Through a theoretical analysis of existing literature on the experiences of sexual assault survivors, this paper also examines the ways in which the language we use to describe sexual assault serves to cement rape myths and invalidate survivor experiences in every stage of the Canadian criminal justice system.

10. Race, ethnicities, and the criminal justice system

2021 ◽  
pp. 273-307
Author(s):  
Neena Samota
Keyword(s):  
Criminal Justice ◽  
Critical Race Theory ◽  
Criminal Justice System ◽  
Race And Ethnicity ◽  
Justice System ◽  
State Level ◽  
System P ◽  
The Us ◽  
History Of ◽  
The Uk

This chapter explores the broader context and history of race-related issues in the UK, considering why racial disparities persist in diverse societies like the US, Australia, Canada, and the UK, before narrowing the focus to race and ethnicity in the sphere of crime and criminal justice. The concepts of ‘race’ and ‘ethnicity’ have long played major roles in both classroom and broader societal discussions about crime, punishment, and justice, but they have arguably never been more present and visible than today. The chapter looks at the problems with the statistics available on race, ethnicity, and crime, noting the ways in which they may not tell the whole story, before considering the statistics themselves as the chapter discusses the relationships between ethnicity and victimisation and offending. It then moves on to how ethnic minorities experience the various elements of the criminal justice system and the disadvantages they often face, before outlining the attempts that have been made to address these disparities at a state level. Finally, the chapter discusses critical race theory, a key theory in modern criminological examinations of race and its relationship to crime and justice, which grew out of the US but has much broader value and relevance as a framework of analysis.

5. The criminal justice system

2019 ◽  
pp. 91-155
Author(s):  
Martin Partington
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Current System ◽  
Holistic Approach ◽  
Criminal Cases ◽  
System P ◽  
Social Theories ◽  
Sentencing Policy ◽  
Post Trial

This chapter focuses on the criminal justice system. It contains summaries of the different social theories that underpin both the criminal justice system and the fundamental principles relating to sentencing policy. The system is examined in three segments: pre-trial stages, trial stage, and post-trial stages. Each is discussed in turn. This chapter emphasizes the holistic approach by looking not only at what happens in courts, but also the police station and in post-trial contexts such as parole and criminal cases review. The place of the victim in the system is also considered. Particular emphasis is placed on how the current system is changing in the quest for improved efficiency.

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