Fitness, Responsibility, and Judicially Ordered Assessments

1998 ◽  
Vol 43 (5) ◽  
pp. 491-495 ◽  
Author(s):  
Maurice M Ohayon ◽  
Anne Crocker ◽  
Bernard St-Onge ◽  
M Caulet
Keyword(s):  
Mental Disorders ◽  
Psychiatric Hospital ◽  
Psychotic Disorders ◽  
Criminal Responsibility ◽  
Spectrum Disorder ◽  
Fitness To Stand Trial ◽  
Not Criminally Responsible ◽  
Forensic Psychiatric ◽  
Good Agreement

Objective: To compare the characteristics of individuals assessed for fitness to stand trial (FST) with those assessed for criminal responsibility (CR). Method: This study examines all the consecutive requests of FST or CR addressed to the only forensic psychiatric hospital in the province of Quebec and 2 prisons in the Montreal area over a 1-year period. Results: In all, 170 FST, 52 CR, and 29 both FST and CR assessment requests were received (251 subjects). Psychiatrists' recommendations and court verdicts of unfitness to stand trial or not criminally responsible on account of mental disorders were mostly related to the presence of a psychotic-spectrum disorder. There is generally a good agreement between psychiatric recommendations and verdicts of the court, with the exception of unfitness recommendations. Conclusions: Defendants referred for a FST or a CR assessment displayed similar characteristics. However, although subjects with psychotic disorders represented more than one-half of the unfit or not criminally responsible verdicts, most of the subjects with psychoses were found competent to stand trial or responsible.

The Biopsychosocial Paradigm in the Assessment of Mental Health of Older Persons

2016 ◽  
Vol 33 (S1) ◽  
pp. S464-S464
Author(s):  
L. Pishchikova
Keyword(s):  
Mental Disorders ◽  
Old Age ◽  
Psychiatric Hospital ◽  
Legal Protection ◽  
Physical Assault ◽  
Dynamic Features ◽  
Criminal Proceedings ◽  
Conceptual Approach ◽  
Forensic Psychiatric ◽  
Biopsychosocial Determinants

The vulnerability of patients of late age in psychiatry increases the professional and ethical requirements to the quality of psychiatric and forensic psychiatric help. It must account for the clinical and dynamic features of mental disorders in old age, biopsychosocial determinants of their formation, be based on a conceptual approach and a comprehensive understanding of the involution processes. To identify biopsychosocial determinants of mental disorders in old age and (or) involving patients to the forensic psychiatric examination, we examined 235 late age patients in criminal and civil cases. Revealed: «non-dement» mental disorders – with 45.5%, psychosis – with 7.7%, dementia – with 46,8%. The results of biopsychosocial determinants of involution are determined as follows: biological: sensory and motor deprivation, multicomorbid somatic neurological pathology, specific syndromes and disorders if late age, dementia; socio-psychological: termination of labor activity, living alone and loneliness, problematic relationship with children because of housing disputes and alcohol; legal: conclusion and contestation of legal civil acts, participation in criminal proceedings as victims and defendants, legal illiteracy, legal controversy, lack of legal protection; victimological: physical (assault, abuse), psychological (threats of commitment into social security institutions, involuntary commitment to a psychiatric hospital and examination by a psychiatrist, hold in the psychiatric hospital), financial violence (fraud with housing for older people and deception, manipulation during conclusion of civil-legal acts), violation of rights of older person (unlawful deprivation of legal capacity).Disclosure of interestThe author has not supplied his/her declaration of competing interest.

Reassessing the Aftercare Treatment of Individuals Found not Guilty Due to a Mental Disability in Hunan, China: Supplemental Study into the Disposition of Mentally Ill Offenders after Forensic Psychiatric Assessment

2007 ◽  
Vol 41 (4) ◽  
pp. 337-342 ◽  
Author(s):  
Xiaoping Wang ◽  
Dengke Zhang ◽  
Shaoai Jiang ◽  
Yining Bai ◽  
Heather Ellis Cucolo ◽  
...  
Keyword(s):  
Mental Disorder ◽  
Mental Health Treatment ◽  
Criminal Responsibility ◽  
Psychiatric Treatment ◽  
Family Members ◽  
Mentally Ill Offenders ◽  
Psychiatric Assessment ◽  
Not Criminally Responsible ◽  
Forensic Psychiatric ◽  
Forensic Psychiatric Assessment

Objective: The purpose of the present paper was to examine the disposition of individuals in Hunan, China who are found not criminally responsible due to a mental disorder or defect. Method: Self-developed questionnaires were mailed to the family members of 240 patients who had received forensic psychiatric evaluations at the forensic psychiatric assessment center of Central South University, between 2001 and 2002. Results: One hundred and seventy questionnaires were fully completed and returned by the patients’ family members. According to the answers, 64.1% (109 patients) were found not criminally responsible due to a mental disorder or defect. In 87.6% of the cases, a judgement of guilty was in agreement with the psychiatrist's recommendation concerning criminal responsibility. A total of 61.8% of the patients found not guilty were discharged to their families and did not receive any further psychiatric treatment. Conclusion: In most cases, judicial decisions are consistent with a psychiatrist's opinion of criminal responsibility due to a mental disorder or defect. After such adjudication, further psychiatric treatment is often neglected due to the lack of resources and information. Hunan, China must make a continued investment into the availability and quality of outpatient mental health treatment for forensic patients after they have been discharged.

Evolving systems of care: Individuals found not criminally responsible on account of mental disorder in custody of civil and forensic psychiatric services

2009 ◽  
Vol 24 (6) ◽  
pp. 356-364 ◽  
Author(s):  
A.G. Crocker ◽  
G. Côté
Keyword(s):  
Mental Health ◽  
Mental Health Services ◽  
Mental Disorders ◽  
Health Services ◽  
Mental Disorder ◽  
Systems Of Care ◽  
Psychiatric Hospitals ◽  
Criminal Code ◽  
Not Criminally Responsible ◽  
Forensic Psychiatric

AbstractFollowing psychiatric deinstitutionalization and changes in involuntary civil commitment laws, many individuals with severe mental disorders have been receiving mental health services through the back door, that is, the criminal justice system. Significant changes to the section of Criminal Code of Canada dealing with individuals with mental disorders have led to significant annual increases in the number of individuals declared Not criminally responsible on account of mental disorder (NCRMD), many of whom are directed to civil psychiatric settings. The goal of the present study was to describe the psychosociocriminological and risk characteristics of individuals found NCRMD remanded to civil psychiatric hospitals (CPH) compared to a forensic psychiatric hospital (FPH). This study was conducted between October 2004 and August 2006 in the sole FPH of the province of Québec and two large CPH in the Montréal metropolitan area. The final sample for the current study consisted of 96 men: 60 from the FPH and 36 from the two CPH. Results indicate that individuals in both settings have similar psychosociocriminal profiles, including PCL-R scores, but that individuals in CPH have higher scores in the Risk subscale of the HCR-20 than do their counterparts in the FPH. This difference is due to a higher score on two items: exposure to destabilizing factors and noncompliance with remediation attempts. Results are discussed in terms of the need for civil psychiatric settings to implement risk assessment and management programs into their services, and the need for further research into forensic mental health services.

scholarly journals Attempted Suicide and Criminal Justice System in a Sample of Forensic Psychiatric Patients in Malaysia

2021 ◽  
Author(s):  
Johari Khamis ◽  
Ravivarma Rao Panirselvam ◽  
Norhameza Ahmad Badruddin ◽  
Farynna Hana Ab Rahman ◽  
Chan Lai Fong
Keyword(s):  
Criminal Justice ◽  
Psychotic Disorders ◽  
Attempted Suicide ◽  
Suicide Attempts ◽  
Criminal Responsibility ◽  
Future Research ◽  
Adult Males ◽  
Clinical Profiles ◽  
Forensic Psychiatric ◽  
Suicidal Crisis

Criminalization of suicide attempts is an archaic barrier to suicide prevention. Globally, clinical profiles of prosecuted suicide attempters are an under-researched area. This retrospective study aims to describe the clinical profiles of individuals who were charged for attempted suicide and subsequently sent for criminal responsibility and fitness to plead evaluation in a forensic psychiatric unit in Malaysia from January 1, 2008, to December 31, 2019. We identified 22 cases who were mostly adult males (90.9%). Seventy-three percent have a psychiatric disorder. Mood disorders were more prevalent (32%) followed by psychotic disorders and substance use disorders. For most of these individuals, this was the first contact with any form of mental health services and 41% defaulted their treatment before arrest. This sample illustrates a vulnerable group who has been disengaged with mental healthcare. Future research is warranted to further investigate mechanisms that are effective in addressing unmet needs of persons in suicidal crisis as opposed to utilizing the criminal justice pathway.

Organisation and Practice of Prison Mental Health Care in Europe - the EUPRIS Study

2009 ◽  
Vol 24 (S1) ◽  
pp. 1-1 ◽  
Author(s):  
H.J. Salize ◽  
H. Dressing
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Disorders ◽  
Mental Health Care ◽  
Criminal Responsibility ◽  
Psychiatric Morbidity ◽  
Mentally Ill Offenders ◽  
General Psychiatry ◽  
Prevention Programmes ◽  
Forensic Psychiatric

Among the more than 9.25 million people currently being held in penal institutions worldwide, mentally disordered inmates constitute a serious problem. Despite the standard doctrine in most countries that mentally ill offenders lacking criminal responsibility have to be referred to in forensic psychiatric facilities for specialised care, the prevalence of psychiatric morbidity among prisoners by far exceeds the rate of mental disorders in the general population. However, international research on this issue is scarce. The EU has recently funded a study on the overall concepts and capacities of mental health care in prisons from 25 European countries. Hindered by very bad health reporting standards, the study revealed deficient mental state screening and assessment procedures at prison entry as well as during the term or prior to release. This is an obstacle for implementing adequate primary, secondary or tertiary prevention programmes for most prevalent mental disorders in prisons. Additionally it increases the risk of relapsing and re-offending of released prisoners. None of the included countries provides regular national statistics on the frequency of mental disorders of prisoners or on the availability of psychiatric treatments. Together with a mostly unknown share of general psychiatry involvement into prison mental health care, the information gap currently prevents from identifying favourable concepts of prison mental health care in Europe. The paper presents the data collected during the study as well as a suggested set of standardized indicators whose implementation would enable to describe and evaluate this seriously neglected field.

Organisation and Practice of Prison Mental Health Care in Europe - the EUPRIS Study

2009 ◽  
Vol 24 (S1) ◽  
pp. 1-1
Author(s):  
H.J. Salize ◽  
H. Dressing
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Disorders ◽  
Mental Health Care ◽  
Criminal Responsibility ◽  
Psychiatric Morbidity ◽  
Mentally Ill Offenders ◽  
General Psychiatry ◽  
Prevention Programmes ◽  
Forensic Psychiatric

Among the more than 9.25 million people currently being held in penal institutions worldwide, mentally disordered inmates constitute a serious problem. Despite the standard doctrine in most countries that mentally ill offenders lacking criminal responsibility have to be referred to in forensic psychiatric facilities for specialised care, the prevalence of psychiatric morbidity among prisoners by far exceeds the rate of mental disorders in the general population. However, international research on this issue is scarce. The EU has recently funded a study on the overall concepts and capacities of mental health care in prisons from 25 European countries. Hindered by very bad health reporting standards, the study revealed deficient mental state screening and assessment procedures at prison entry as well as during the term or prior to release. This is an obstacle for implementing adequate primary, secondary or tertiary prevention programmes for most prevalent mental disorders in prisons. Additionally it increases the risk of relapsing and re-offending of released prisoners. None of the included countries provides regular national statistics on the frequency of mental disorders of prisoners or on the availability of psychiatric treatments. Together with a mostly unknown share of general psychiatry involvement into prison mental health care, the information gap currently prevents from identifying favourable concepts of prison mental health care in Europe. The paper presents the data collected during the study as well as a suggested set of standardized indicators whose implementation would enable to describe and evaluate this seriously neglected field.

The Impact of Canadian Criminal Code Changes on Remands and Assessments of Fitness to Stand Trial and Criminal Responsibility in British Columbia

1997 ◽  
Vol 42 (5) ◽  
pp. 509-514 ◽  
Author(s):  
Ronald Roesch ◽  
James RP Ogloff ◽  
Stephen D Hart ◽  
Rebecca J Dempster ◽  
Patricia A Zapf ◽  
...  
Keyword(s):  
British Columbia ◽  
Criminal Responsibility ◽  
Average Length ◽  
Criminal Code ◽  
Fiscal Year ◽  
Future Research ◽  
Fitness To Stand Trial ◽  
Not Criminally Responsible ◽  
C 30 ◽  
The Impact

Objective: To evaluate the impact in British Columbia of the 1992 Criminal Code of Canada amendments dealing with remands for fitness to stand trial and not criminally responsible on account of mental disorder (NCRMD) assessments. Method: Information on 620 remands for evaluation of fitness to stand trial and/or NCRMD were collected from a sample obtained in British Columbia from 1992 to 1994. The data collected included length of remand order, length of evaluation, criminal charges, psychiatric diagnoses, and the decisions about fitness or NCRMD. Results: Remands increased by about 20% in a 1993–1994 fiscal year compared with the previous year. The majority of evaluations continue to be conducted in an inpatient facility. The goal of a 5-day evaluation period is rarely met: only 12.5% of inpatients were released within 5 days of admission, and the average length of evaluation was about 3 weeks. The use and success of the NCRMD defence appears to be on the rise. In addition, there were some striking differences in remands from metropolitan and nonmetropolitan areas in terms of rates of referral and recommendations of unfitness or NCRMD. Conclusion: Results indicated that Bill C-30 has not yet had the anticipated impact on remands as inpatient evaluations continue to be the norm and evaluations typically take several weeks. Suggestions for policy reform and future research are presented.

Matricide Versus Patricide in One Croatian Psychiatric Forensic Inpatient Unit

2016 ◽  
Vol 33 (S1) ◽  
pp. S463-S463 ◽  
Author(s):  
I. Pedisic ◽  
K. Radic ◽  
N. Buzina ◽  
V. Jukic
Keyword(s):  
Psychiatric Hospital ◽  
Forensic Psychiatry ◽  
Psychotic Disorders ◽  
Rare Event ◽  
Point Of View ◽  
Different Types ◽  
Forensic Inpatient ◽  
Forensic Psychiatric ◽  
Competing Interest ◽  
The University

IntroductionParricide (referring as parental homicide) is a rare event among homicides, yet challenging and intriguing from psychiatric point of view. Still, literature concerning parricide is sparse and most studies concern small or heterogenous samples or anecdotal cases.ObjectiveTo analyze differences in parricide offenders among forensic psychiatric inpatients at the university psychiatric hospital Vrapče's centre for forensic psychiatry.AimsTo test some differences between parricide offenders with regard to specific type of parricide.MethodsAvailable retrograde data of 50 years forensic inpatients (n = 430). We identified parricide cases of matricide and patricide included.ResultsThe analysis included a total of 22 parricide offenders. All parricide offenders were male adults. Matricide was more prevalent then patricide (13 vs. 9). Matricide offenders were in average younger when committed crime, had more prevalence of psychotic disorders and earlier onset of symptoms in comparison with patricide group.ConclusionWe identified differences and similarities between these two parricide offenders groups. It is important to expand research further including different types of motives and family dynamics regarding the type of parricide victim.Disclosure of interestThe authors have not supplied their declaration of competing interest.

Assessing Mental and Behavioral Disorder Impairment: Overview of Sixth Edition Approaches

2008 ◽  
Vol 13 (6) ◽  
pp. 1-7
Author(s):  
Norma Leclair ◽  
Steve Leclair ◽  
Robert Barth
Keyword(s):  
Mental Disorders ◽  
Behavioral Disorders ◽  
Psychotic Disorders ◽  
Behavioral Disorder ◽  
Behavioral Impairment ◽  
Central Nervous System Damage ◽  
Brain Functioning ◽  
Sixth Edition ◽  
Diagnostic And Statistical Manual ◽  
Mental And Behavioral Disorders

Abstract Chapter 14, Mental and Behavioral Disorders, in the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Sixth Edition, defines a process for assessing permanent impairment, including providing numeric ratings, for persons with specific mental and behavioral disorders. These mental disorders are limited to mood disorders, anxiety disorders, and psychotic disorders, and this chapter focuses on the evaluation of brain functioning and its effects on behavior in the absence of evident traumatic or disease-related objective central nervous system damage. This article poses and answers questions about the sixth edition. For example, this is the first since the second edition (1984) that provides a numeric impairment rating, and this edition establishes a standard, uniform template to translate human trauma or disease into a percentage of whole person impairment. Persons who conduct independent mental and behavioral evaluation using this chapter should be trained in psychiatry or psychology; other users should be experienced in psychiatric or psychological evaluations and should have expertise in the diagnosis and treatment of mental and behavioral disorders. The critical first step in determining a mental or behavioral impairment rating is to document the existence of a definitive diagnosis based on the current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. The article also enumerates the psychiatric disorders that are considered ratable in the sixth edition, addresses use of the sixth edition during independent medical evaluations, and answers additional questions.

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