Abnormal psychology and the law Flashcards
outline the andrea yates case study
- Drowned her 5 children
- Depressed and psychotic
- Originally, guilty of murder and received life (2001)
- In 2006, NGRI, moved to hospital
Found not guilty- Reason: insantiy
outline the fritzl case study
- Imprisoned, raped and abused his daughter Elizabeth for 24 years.
- He was charged with incest, rape, coercion, false imprisonment, enslavement and the negligent homicide of the infant Michael.
- Life imprisonment
what is a crime and what are some of the issues with this definition?
“an action or omission which constitutes an offence and is punishable by law”
Whose law? Where? When?
- Attempting suicide was illegal in the UK up to 1961
- A homosexual act between two men was a crime up to 1967
- Incest only became a crime in 1908
- Female Genital Mutilation became illegal in 1985 in the UK, but is widely practiced elsewhere
- Male circumcision is not illegal, even when carried out on a child or baby.
Who can be a criminal?
- In Scotland the age of criminal responsibility is 8 years old but the age at which a child can be prosecuted is 12 years.
- The age of criminal responsibility in England and Wales is 10 years old.
- For most of Europe, the age of criminal responsibility is 14.
What is a crime and who can be held responsible for it differs between nations, cultures, and across history
outline the issues with mental disorderds and prisons
USA: 16% of prison mates have a diagnosed mental disorder. Similar rates in 13 European countries.
• And rising: as a result of deinstitutionalization and closures.
• Cause and effect unknown, but people with MD are in prison more often than those who don’t.
• Are the mentally ill violent?
• Are the mentally ill at increased risk of violence?
• Are the public at risk?
• You are more likely to end up in prison if you have a mental disorder
• But the majority of crimes are NOT committed by people with mental disorders. The main drivers of crime are
• Substance abuse
• Poverty
• And you are MUCH more likely to have a crime committed against you if you have a mental disorder…
• Around 8% of people with severe mental disorder where found to have been seriously criminally victimised in the ISA over a 4 month period (3% for healthy populations)
Why is there a common perception that mentally ill people are dangerous?
Daily Mail 23 Feb 2017
• ‘I will never forgive myself for not protecting her’: Husband was forced to listen helplessly on the phone while Polish schizophrenic hacked his wife to death as she tried to shield their children
• Nicola Cross, 37, was knifed to death in her own home by Marcin Porczynski, 24
• The schizophrenic, a complete stranger, was trying to kidnap her two children
• Mrs Cross’ husband Daniel was forced to listen on phone as his wife was killed
• Porczynski was ordered by judge to be detained at a mental hospital indefinitely
outline the findings of the survey on americans who they deem most likely to be associated with crime
Survey in USA (N=1,444), about which mental disorders are most likely to be associated with crime:
• They Overestimated every group
• But got the order correct: • Substance abusers • Alcohol abusers • People with schizophrenia • Depression • ‘troubled’ Pescosolido et al., 1999
what are the criteria for sectioninng?
If people with mental disorders are seen as a threat to the public, then they are more likely to be involuntarily removed from the public
Involuntary Commitment: sectioning
- Differs for different problems (i.e. cognitive impairment, alcohol abuse, severe psychosis)
- Generally, criteria are:
- Dangerous to self or others
- Incapable of caring for themselves
- Unable to make responsible decision about hospitalization
- In need of care and treatment
what is the criteria of being sectioned in the UK under the mental health act?
Specifically, in the UK, the mental health act states that can be sectioned if:
You have, or are thought to have;
1. a mental illness which needs assessment
(2) or treatment
(3) which is:
• sufficiently serious that it is necessary for a. your health or safety, or
b. for the protection of other people,
- and you need to be in hospital to have the assessment or treatment.
And 3. you are unable or unwilling to agree to admission.
what is the moral issue of sectioning?
- Implies that treatment will be available in the hospital:
- It often is not available
- Or there is no evidence to support intervention effectiveness
who decides if someone is sectioned?
- Petition filed by individual (usually relative or physician)
- A committee decides: this varies in numbers and in make up (In the UK, usually 2 doctors and a mental health professional)
- One of the doctors must be specially certified as having particular experience in the assessment or treatment of mental illness.
- If possible, one of the doctors will already know you.
- The MHP is usually a social worker, but could be a mental health nurse, psychologist or occupational therapist.
- In ‘emergency’ cases there may not be a ‘hearing’, and police can detain a person for up to 72 hours.
how long is sectioning for?
- The assessment section (section 2) lasts up to 28 days.
- The treatment section (section 3) lasts up to 6 months and can be renewed (for a further 6 months, then annually).
- The emergency sections last up to 72 hours during which time arrangements must be made to assess if a section 2 or section 3 is necessary.
WHAT IS THE ROLE OF THE FAMILY IN SECTIONING?
- ‘Nearest Relative’: Husband/wife/civil partner is the first choice, then the oldest child, parents, siblings.
- Changing the nominated nearest relative is complex- the patient needs to apply to court.
- Nearest relative can stop the move to section 3 (treatment) and apply for discharge to end detention.
what can happen to a sectioned patient
- Detained in a locked ward
- Be forced to take medication
- ECT CANNOT be given without consent.
- Patients may apply to an independent tribunal and make a case for discharge.
outline the Tarasoff v. Regents of the University of California case
was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient Tatiana Tarasoff (circa 1967) - the victim Prosenjit Poddar (circa 1970) - the perp The tarasoff decision
- Duty to warn : breaking confidentiality to protect others.
- Does not necessary apply to suicide.
- Decisions are tough: what if threats are global?
- How to carry out the ‘duty to protect’ is not spelt out.
- Needs to be balanced against confidentiality and trust: some states do not uphold it.
outline preventative detention and the sex offender list
Preventative detention- sex offenders
Preventative detention
- Sex offenders
- Suicide
In the UK: Register of sex offenders
- Can be disclosed, in confidence, to Head teachers, Doctors, Youth leaders, Sports club managers, Landlords.
- But includes all sex-offenses :
- homosexual activity between consenting adults pre 2003, removal from list by request from home secretary only)
- Consenting sex between teenagers
- Is not disclosed to the public.
