scholarly journals La réforme du Code criminel canadien en matière de troubles mentaux et son impact sur la détention des justiciables

Criminologie ◽  
2005 ◽  
Vol 28 (2) ◽  
pp. 61-83 ◽  
Author(s):  
Danielle Laberge ◽  
Daphné Morin ◽  
Marie Robert

This article discusses how pre-trial detention has become an important instrument in the treatment of the accused whose mental state has been questioned during the judicial process. This study is part of a major research trend centered on the hypothesis of criminalization of the mental illness. This hypothesis has been defined as a shift of groups of the population from the mental health system to the criminal justice system. First, the authors examine how the Criminal Code's dispositions and those regarding mental disorder, which have been revised in February 1992, can be associated with the Court's decisions regarding the release of the accused during the legal process. Then, the authors continue to look into the question concerning the articulation of dual decisional logic (judicial and psychiatric) by studying approximately 1 000 cases heard before the Criminal and Penal Chamber of the Québec Court in Montréal in 1992-1993, in which the mental illness issue was raised. This analysis will try to demonstrate a link between pre-trial detention and mental health problems. It will also show that, despite the adoption of the principle of presumption against custody during assessment orders regarding mental disorder, the Court practices are changing slowly and the new dispositions are rarely used.

Author(s):  
Derek Bolton

The question "What is mental illness?" raises many issues in many contexts, personal, social, legal, and scientific. This chapter reviews mental health problems as they appear to the person with the problems, and to family and friends-before the person attends the clinic and is given a diagnosis-a time in which whether there really is a problem, as opposed to life's normal troubles and variations, is undecided, as also the nature of the problem, if such it be, and the related matter what kind of expert advice should be sought. Once at the clinic, a diagnosis may be given-using criteria well-worked-out in the diagnostic manuals. The chapter discusses the conceptualizations of mental disorder in the diagnostic manuals, their rationale, and what can and cannot be reasonably expected of them. There are more position statements than definitions, and while they signal many dilemmas, they do not resolve them. Attempts to do so in the surrounding literature on the concept of mental illness are reviewed in the chapter, with conclusions favoring the features emphasized in the diagnostic manuals: distress and impairment. Finally the chapter considers how far the science may help draw boundaries around mental illness.


2021 ◽  
Vol 4 ◽  
pp. 28
Author(s):  
Malcolm MacLachlan ◽  
Rebecca Murphy ◽  
Michael Daly ◽  
Philip Hyland

The Irish Mental Health Act (2001) is undergoing revision.  In 2014 an Expert Review Group recommended that the term currently used in the act “mental disorder”, should be replaced with the term “mental illness”.  We argue that the proposed change, while well intentioned, contradicts the internationally adopted terminology of “mental disorder” used by the United Nations, World Health Organisation and European Commission. The term “mental illness” is atavistic, it implies an unsupported cause, it contravenes the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), and it is associated with concerns regarding stigma and reduced self-efficacy.  Furthermore, the term “mental illness” is not used in any internationally accepted diagnostic or classification system in the mental health field. While any term used to describe mental health problems, may be contested, Ireland should not revert to using archaic terminology.  In accordance with international best practice, and perhaps in lieu of a willingness to accept more progressive alternatives, Ireland should continue to use cause-neutral terminology, such as “mental disorder”, in the revised Mental Health Act.


2017 ◽  
Vol 20 (5) ◽  
pp. 613-625 ◽  
Author(s):  
Lia Ahonen ◽  
Rolf Loeber ◽  
David A. Brent

The media, the general public, and politicians often emphasize that mental illness is a precursor and a cause of violence, particularly emphasizing an assumed relationship between mental illness, including psychopathy and psychosis, and the use of guns to commit violence. We report which individuals with serious mental health problems have an increased risk to commit violence (including gun violence). Second, we answer the question to what extent serious mental health problems explain most violence and especially gun-related violence. And what is the opinion of experts on these questions? Third, we review which effective screening instrument can help to identify individuals with mental health problems who are at risk to carry a gun and commit violence. For policy makers and legislators, this article points out that most psychiatric disorders are not related to violence, with some exceptions such as schizophrenia and bipolar disorder, and often only in conjunction with substance use. We show that the attributable risk of mental illness to explain violence in general is low. We also emphasize that conduct disorder in late childhood or adolescence is a better predictor of violence than is mental illness at a later age. Empirically based screening methods to identify individuals with mental health problems who are prone to violence appear to have limited utility. Implications are discussed for clinicians and practitioners working in the justice system, researchers, and policy makers.


Anthropology ◽  
2021 ◽  

Anthropological contributions to the study of mental health and illness span diverse literatures and track a wide field of intellectual traditions and debates in their approaches to mental disorder, treatment, and recovery. Much as can be said of anthropology as a discipline more generally, the long history of the anthropological study of mental illness in cross-cultural context has been entwined in large-scale historical processes, including colonialism, racism, migration, war, and globalization. This history has also been shaped by the dynamic dialogue between anthropology, psychology, psychiatry, and global public health, and from which a number of subfields and intellectual traditions have emerged, among them ethnopsychiatry, cultural psychiatry, social psychiatry, and, most recently, global mental health. While certain core themes in the anthropological study of mental disorder that extend back to the early days of anthropology persist today, others have newly emerged in response to contemporary conditions. Collectively, these core themes recognize how mental illness experiences are richly variable and cultural in nature, and that psychiatric diagnosis is itself contingent, involving styles of reasoning and ways of knowing that are culturally informed and shaped by institutional landscapes and translational processes. These core themes include questions regarding psychiatric taxonomy and whether the classification of mental health problems is universal or culturally relative; the structural sources of human distress and suffering; treatment systems and interventions, such as the role of institutions and therapies in shaping the social course and experience of mental illness; the phenomenology of living with mental disorder; and the forms of psychiatric knowledge and practice enacted in contexts ranging from addiction treatment clinics to humanitarian settings. Studies span a wide range of engagement, from cultural critique to intervention studies that position anthropologists as collaborators in the development of effective and accessible interventions. Many studies draw on anthropology’s classic traditions of ethnography and long-term fieldwork, while raising questions and propositions for the relevance of anthropological methods and theories in the face of new ontologies of mental disorder, emergent technological frontiers, changing political and economic contexts, and the global aspirations of mental health treatment. In their complexity, mental health and illness speak to fundamental questions concerning the nature of human experience in changing worlds, making the topic deeply relevant for anthropology.


2021 ◽  
pp. 025371762110309
Author(s):  
Praveen Pandey ◽  
Prateek Varshney ◽  
Gopi V Gajera ◽  
P Lakshmi Nirisha ◽  
Barikar C Malathesh ◽  
...  

Elderly persons can get involved in the criminal justice system as victims or as perpetrators. The interaction of elderly persons with mental illness at various cross-sections of the judicial process needs thoughtful consideration. Through this review, the authors approach this less studied aspect of forensic psychiatry. Concerning the evaluation of a prisoner, three scenarios need focused consideration: evaluation for fitness to stand trial before a competent court, evaluations for an insanity defense, and fitness for sentencing. At the same time, incarcerated elderly who developed dementia or a severe mental illness at any point of time during the trial or in prison need specific approaches. In this article, the authors discuss the acts and case laws relevant to navigating these legal scenarios. We discuss existing mental health care provisions for protecting the health interests of elderly care in prison.


2013 ◽  
Vol 10 (02) ◽  
pp. 102-107 ◽  
Author(s):  
N. Bezborodovs ◽  
G. Thornicroft

SummaryWork plays an important part in everyday life. For people experiencing mental health problems employment may both provide a source of income, improved self-esteem and stability, and influence the course and outcomes of the disorder. Yet in many countries the work-place consistently surfaces as the context where people with mental health problems feel stigmatised and discriminated the most. This paper will review the existing evidence of stigma and discrimination in the workplace, consider the consequences of workplace stigma on the lives of people experiencing mental health problems, and discuss implications for further action.


2017 ◽  
Vol 8 (1) ◽  
pp. 33
Author(s):  
Rajni Suri ◽  
Anshu Suri ◽  
Neelam Kumari ◽  
Amool R. Singh ◽  
Manisha Kiran

The role of women is very crucial in our society. She cares for her parents, partner, children and other relatives. She performs all types of duties in family and also in the society without any expectations. Because of playing many roles, women often face many challenges in their life including both physical and mental. Mental health problems affect women and men equally, but some problems are more common among women including both physical and mental health problems. Aim of the study - The present study is aimed to describe and compare the clinical and socio-demographic correlates of female mentally ill patients. Methods and Materials: The study includes 180 female mentally ill patients based on cross sectional design and the sample for the study was drawn purposively. A semi structured socio-demographic data sheet was prepared to collect relevant information as per the need of the study. Result: The present study reveals that the socio-demographic factors contribute a vital role in mental illness. Findings also showed that majority of patients had mental problems in the age range of 20-30 have high rate. Illiterate and primary level of education and daily wage working women as well as low and middle socio-economic status women are more prone to have mental illness. Other factors like marital status, type of family and religion etc also important factors for mental illness. Keywords: Socio demographic profile, female, psychiatric patient


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):  
Hema Sekhar Reddy Rajula ◽  
Mirko Manchia ◽  
Kratika Agarwal ◽  
Wonuola A. Akingbuwa ◽  
Andrea G. Allegrini ◽  
...  

AbstractThe Roadmap for Mental Health and Wellbeing Research in Europe (ROAMER) identified child and adolescent mental illness as a priority area for research. CAPICE (Childhood and Adolescence Psychopathology: unravelling the complex etiology by a large Interdisciplinary Collaboration in Europe) is a European Union (EU) funded training network aimed at investigating the causes of individual differences in common childhood and adolescent psychopathology, especially depression, anxiety, and attention deficit hyperactivity disorder. CAPICE brings together eight birth and childhood cohorts as well as other cohorts from the EArly Genetics and Life course Epidemiology (EAGLE) consortium, including twin cohorts, with unique longitudinal data on environmental exposures and mental health problems, and genetic data on participants. Here we describe the objectives, summarize the methodological approaches and initial results, and present the dissemination strategy of the CAPICE network. Besides identifying genetic and epigenetic variants associated with these phenotypes, analyses have been performed to shed light on the role of genetic factors and the interplay with the environment in influencing the persistence of symptoms across the lifespan. Data harmonization and building an advanced data catalogue are also part of the work plan. Findings will be disseminated to non-academic parties, in close collaboration with the Global Alliance of Mental Illness Advocacy Networks-Europe (GAMIAN-Europe).


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