Mental Illness & Crime Flashcards
Explain the complex confounding factors in the relationship between mental illness and crime.
Falling into low SES can lead to homelessness, increasing exposure to violent subcultures putting person at risk of committing crime. Homeless are disproportionately represented as criminals and victims.
What is psychological disability?
A nervous or emotional condition restricting normal activities causing distress. The condition is lasting for 6 months or more. National Health survey found 17.5% in AUS suffer.
What is Doli Incapax?
Doli incapax is latin for incapable of wrong. It is thought that children under certain ages are not criminally responsible for their actions. Aus 10-14.
How was the James Bulger case dealt with, considering Doli Incapax?
Thompson and Venable’s had an adult trial although there were some considerations. The prosecution rebutted Doli Incapax, proving to jury that they were aware of actions. They received 8 years. Names released- controversial.
What are the 5 elements of criminal responsibility?
Actus reas, mens rea, concurrence, causation, result injury/crime
What is form of conduct?
It involves the commission of the crime- identifying act, voluntariness and causation. Or omission- having a duty to act through contract or relationship but failing to resulting in injury/crime.
In what ways can a crime be involuntary?
Accidental, caused by reflex (external cause), Impaired consciousness
What is sane automatism?
Lack of voluntariness. Person not aware of their actions. Rarely used, difficult to decide e.g alcohol. Falconer 1990
Who is Daniel M’naghten?
Important in development of insanity plea. 1884 killed secretary PM but was acquitted due to delusions.
What are some conditions included under “insanity”?
Psychotic disorders, hyperglycaemia, epilepsy
How prevalent are mental health conditions in prison?
Hazel and Danesh- 1 in 7 in western countries have psychotic illness of MDD. AUS 2015- 49% had disorder.
