Deinstitutionalisation and the penal state

Author(s):  
Ian Cummins

This chapter will explore the relationship between deinstitutionalisation and the increase in the use of imprisonment. The chapter begins with a consideration of the problem of how do we define “mentally disordered offenders” and a brief outline of the Penrose Hypothesis (Penrose, 1939 and 1943) which sought to explain the links between the use of imprisonment and institutionalised psychiatric care. This approach will be used as critical lens to examine policy developments in this area. Broader issues regarding the treatment of mentally disordered offenders will then be discussed. This section will highlight the pressures on the CJS and the way that it has become, in many cases, a de facto provider of mental health care. The argument that deinstitutionalisation has led to the “criminalisation of the mentally ill” will be discussed. The legacy of deinstitutionalisation and the expansion of the penal state will be discussed focusing on contemporary issues in the CJS.

2006 ◽  
Vol 30 (11) ◽  
pp. 423-429 ◽  
Author(s):  
Lindsay D. G. Thomson

The Mental Health (Care and Treatment) (Scotland) Act 2003 contains major amendments to the Criminal Procedure (Scotland) Act 1995 that have a direct effect on the assessment and management of mentally disordered offenders. The major developments and provisions of this new legislation are described.


Author(s):  
John Dawson ◽  
Tom Burns

This chapter considers legal mechanisms for directing that the treatment of a mentally disordered offender should take place under the civil commitment scheme. Mentally disordered offenders should be dealt with in the least restrictive manner and receive timely transfer of their care to general mental health teams. We discuss factors likely to influence the responsible authorities when deciding whether to direct offenders to treatment under the civil scheme. The scope of the powers that would continue to be available over the person’s treatment is a key factor. With insufficient powers, authorities might be reluctant to direct an offender to the civil scheme. Yet, if strong powers were available, that would pose a threat to the rights of ordinary civil patients under that scheme. Some way must therefore be found to finesse the differing interests of offenders and ordinary civil patients in the design of the civil scheme. .


2021 ◽  
pp. 088626052110063
Author(s):  
Tingting Gao ◽  
Songli Mei ◽  
Muzi Li ◽  
Carl D’ Arcy ◽  
Xiangfei Meng

Childhood maltreatment is a major public health issue worldwide. It increases a range of health-risk behaviors, psychological and physical problems, which are associated with an increased need for mental health services in adulthood. Identification of mediating factors in the relationship between maltreatment and seeking mental health care may help attenuate the negative consequences of childhood maltreatment and promote more appropriate treatment. This study aims to examine whether the relationship between childhood maltreatment and perceived need for mental health care is mediated by psychological distress and/or moderated by social support. Data from the Canadian Community Health Survey-Mental Health 2012 are analyzed. A total of 8,993 participants, who had complete information on childhood maltreatment and diagnoses of mental disorders or psychological distress, are included in this study. Structural equation modeling and the PROCESS macro were used to identify relationships among childhood maltreatment, perceived needs for mental health care, and psychological distress. Hierarchical linear regression was then used to verify the moderated mediation model. We found that psychological distress partially mediated the effect of childhood maltreatment on perceived needs for mental health care in adulthood. Social support played an important role in terms of moderating the relationship between maltreatment and perceived needs for care. For those with a history of childhood maltreatment, those who perceived a low level of social support were more likely to have higher levels of psychological distress and perceived need for mental health care. This is the first study to identify the separate and combined roles of psychological distress and social support in the relationship between childhood maltreatment and perceived need for mental health care. Selective prevention strategies should focus on social support to improve mental health services among people with a history of childhood maltreatment.


The use of coercion is one of the defining issues of mental health care and has been intensely controversial since the very earliest attempts to contain and treat the mentally ill. The balance between respecting autonomy and ensuring that those who most need treatment and support are provided with it has never been finer, with the ‘move into the community’ in many high-income countries over the last 50 years and the development of community services. The vast majority of patients worldwide now receive mental health care outside hospital, and this trend is increasing. New models of community care, such as assertive community treatment (ACT), have evolved as a result and there are widespread provisions for compulsory treatment in the community in the form of community treatment orders. These legal mechanisms now exist in over 75 jurisdictions worldwide. Many people using community services feel coerced, but at the same time intensive forms of treatment such as ACT, which arguably add pressure to patients to engage in treatment, have been associated with improved outcome. This volume draws together current knowledge about coercive practices worldwide, both those founded in law and those ‘informal’ processes whose coerciveness remains contested. It does so from a variety of perspectives, drawing on diverse disciplines such as history, law, sociology, anthropology, and medicine and for is explored


1993 ◽  
Vol 17 (2) ◽  
pp. 82-83
Author(s):  
John Barnes ◽  
Greg Wilkinson

Much of the medical care of the long-term mentally ill falls to the general practitioner (Wilkinson et al, 1985) and, for example, a survey in Buckinghamshire showed that these patients consult their general practitioner (GP) twice as often as mental health services. Lodging house dwellers are known to show an increased prevalence of major mental illness and to suffer much secondary social handicap, presenting a challenge to helping services of all disciplines. For this reason we chose a lodging house in which to explore further the relationships between mental illness and residents' present contact with their GP, mental health services and other local sources of help.


2005 ◽  
Vol 20 (S2) ◽  
pp. s266-s269 ◽  
Author(s):  
D.L. Tosevski ◽  
B. Pejuskovic

AbstractAimTo describe principles and characteristics of mental health care in Belgrade.MethodsBased on existing data, service provision, number of professionals working in services, funding arrangements, pathways intocare, user/carer involvement and specific issues are reported.ResultsDisastrous events in the country and the region caused an increase of mental and behavioral disorders for 13.5% in the last few years, thus making them the second largest public health problem (after cerebro-vascular diseases). The overall morbidity and mortality are on the rise. Intense acute and chronic stress, as well as the accumulated traumas caused significant psychological sequelae, especially to vulnerable people.DiscussionWhilst various issues of mental health care in Belgrade overlap with those in other European capitals, there are also some specific problems and features. Due to prolonged adversities, the health system has deteriorated and is facing specific challenges. However, the transformation of mental health services has been initiated, with a lot of positive movements, such as preparation of the National policy for mental health care as well as the Law for protection of mentally ill individuals.


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