MENTAL HEALTH AND CRIMINAL JUSTICE

1
MENTAL HEALTH AND CRIMINAL JUSTICE
2
INSANITY DEFENSE
3
COMMITMENT

• 1. CIVIL COMMITMENT COMMITTMENT BECAUSE OF
  MENTAL ILLNESS ITSELF
• 2. CRIMINAL COMMITMENT COMMITMENT BECAUSE NGRI
  (NOT GUILTY BY REASON OF INSANITY)

4
INSANITY DEFENSE

• RARELY USED (lt 1)
• IF USED, ALMOST ALWAYS FOR MURDER
• IF USED, RARELY SUCCESSFUL
• HIGHLY SYMBOLIC AND CONTROVERSIAL

5
CRIMINAL VS. SICK

• PEOPLE SHOULD BE RESPONSIBLE FOR CRIMES THEY
  COMMIT
• NGRI SEEMS TO VIOLATE THIS VALUE OFFENDS SENSE
  OF JUSTICE
• PEOPLE WHO ARE SICK ARE NOT BLAMEWORTHY
• CONTRADICTION

6
NOT GUILTY TO WHAT?

• A CRIME
• CRIME HAS TWO ELEMENTS
• ACTUS REA GUILTY ACT
• MENS REA GUILTY MIND
• CRIME REQUIRES BOTH
• NGRI DENIES MENS REA

7
TWO PLACES

• DEFENSE AT THE TIME THE CRIME WAS COMMITTED
• AT TIME OF TRIAL INCOMPETENT TO STAND TRIAL
  NOT OF CONCERN HERE

8
MNAGHTEN CASE (UK 1843)

• THAT EVERY MAN IS PRESUMED TO BE SANE, AND THAT
  TO ESTABLISH A DEFENSE ON THE GROUND OF INSANITY
  IT MUST BE PROVEN THAT AT THE TIME OF COMMITTING
  THE ACT, THE PARTY ACCUSED WAS LABORING UNDER
  SUCH A DEFECT OF REASON, FROM DISEASE OF THE

9
MNAGHTEN (CONT.)

• MIND, AS NOT TO KNOW THE NATURE AND QUALITY OF
  THE ACT HE WAS DOING OR, IF HE DID KNOW IT, THAT
  HE DID NOT KNOW HE WAS DOING WHAT WAS WRONG.

10
MNAGHTEN

• 1. DEFECT OF REASON (NOT IMPULSE OR EMOTION)
• 2. FROM DISEASE OF MIND (CAUSAL)
• 3. NOT KNOW NATURE AND QUALITY OF ACT
• 4. OR, DID NOT KNOW HE WAS DOING WHAT WAS WRONG

11
CRITICISMS OF MNAGHTEN

• NARROWNESS
• COGNITIVE EMPHASIS
• LEGAL, NOT PSYCHIATRIC, GROUNDING

12
DURHAM RULE (US 1954)

• AN ACCUSED IS NOT CRIMINALLY RESPONSIBLE IF HIS
  UNLAWFUL ACT WAS THE PRODUCT OF MENTAL DISEASE OR
  DEFECT.
• REACTION TO PERCEIVED NARROWNESS OF MNAGHTEN

13
CRITICISMS OF DURHAM

• 1. EXTREMELY BROAD (E.G. ASPD)
• 2. NO DEFINITION OF MENTAL ILLNESS
• 3. CAN UNDERMINE FOUNDATION OF CRIMINAL LAW

14
AMERICAN LAW INSTITUTE (US 1972)

• A PERSON IS NOT RESPONSIBLE FOR CRIMINAL CONDUCT
  IF, AT THE TIME OF SUCH CONDUCT, AS A RESULT OF
  MENTAL DISEASE OR DEFECT, HE LACKS SUBSTANTIAL
  CAPACITY EITHER TO APPRECIATE THE CRIMINALITY OF
  HIS CONDUCT OR TO CONFORM HIS CONDUCT TO THE
  REQUIREMENTS OF LAW.

15
ALI

• NARROWS DURHAM LACKS APPRECIATION OR ABILITY TO
  CONTROL CONDUCT
• BROADENS MN APPRECIATE RATHER THAN KNOW
  ABILITY TO CONTROL

16
ANDREA YATES (TEXAS 2002)

• 36 YR. OLD WOMAN DROWNED FIVE CHILDREN (6 MONTHS
  7 YEARS) IN BATHTUB THEN CALLED POLICE
• HAD ATTEMPTED SUICIDE AFTER BIRTH OF 4TH CHILD
  AND ON MEDS 4 HOSPITALIZATIONS
• VERY SERIOUS DEPRESSED AFTER 5TH CHILD BUT MEDS.
  STOPPED

17
YATES

• STATE SOUGHT DEATH PENALTY, YATES PLED NGRI
• DEFENSE HAD VISIONS AND HEARD VOICES TELLING HER
  TO KILL
• PROSECUTION SAID KNEW COMMITTING CRIME AND KNEW
  IT WAS WRONG

18
YATES

• CONVICTED BUT GIVEN LIFE SENTENCE NOT DEATH
• UNDER MNAGHTEN CLEARLY WAS GUILTY KNEW
  DROWNING CHILDREN AND KNEW WAS WRONG
• IF DURHAM CLEARLY NGRI
• IF ALI HARD TO SAY INCAPABLE OF CONFORMING
  CONDUCT TO LAW

19
MAJOR PROBLEM WITH ALL

• WHAT HAPPENS WHEN NGRI NO LONGER MENTALLY ILL?
• DO NGRI GET OFF TOO EASILY?
• E.G. TEMPORARY M.I. AND SEVERE CRIME
• OR ARE THEY WORSE OFF? (MCMURPHY)
• SEVERE M.I. BUT MINOR CRIME

20
TORSNEY V. STATE OF N.Y.

• TORSNEY NYC COP WHO SHOT UNARMED 15 YR. OLD FOR
  NO REASON
• FOUND NGRI
• HOSPITAL PSYCHIATRISTS SAID NOT M.I.
• COURT SAID HAD TO RELEASE

21
JONES V. U.S.

• JONES ARRESTED FOR PETTY THEFT (MISDEMEANOR
  W/MAX. 1 YEAR)
• OBVIOUSLY PSYCHOTIC AND PLED NGRI AND COMMITTED
  TO M.H.
• AT HEARING AFTER 1 YEAR STILL CONSIDERED M.I.
• COURT SAID STAY IN HOSPITAL

22
RESULT OF NGRI

• SOMETIMES TOO LENIENT TORSNEY
• SOMETIMES TOO HARSH JONES
• OVERALL, ABOUT SAME LENGTH OF TIME

23
MENTALLY ILL IN CRIMINAL JUSTICE SYSTEM
24
MORE M.I. NOW IN CJS

• MANY M.I. NOW FOUND IN JAILS AND PRISONS (10 -
  15)
• RATE HIGHER THAN GENERAL POP.
• RESULT OF DI?
• HARD TO TELL

25
THREE GROUPS

• 1. MINOR OFFENDERS LOITERING, DISTURBING PEACE,
  SHOPLIFTERS
• MAJORITY OF M.I. IN CJS
• 2. VIOLENT SUBSTANCE ABUSERS
• 3. PSYCHOTIC MENTALLY ILL
• WHEN OFF MEDS AND HAVE PSYCHOTIC EPISODE

26
MAJOR PROBLEMS

• LACK OF DIVERSION PROGRAMS FROM CJS
• LACK OF MENTAL HEALTH TREATMENT IN CJS
• UNWILLINGNESS OF MENTAL HEALTH PROGRAMS TO TREAT
  OFFENDERS