Sholars, Quotes, Etc Flashcards
Fennel
Glover Thomas:
Glover Thomas : people with mental health problems will often face judgement, stigma and discrimination in many areas of their life.
Likewise, the fear that has surrounded mental illness has frequently swayed the public to associate criminals with mentally ill.
Barlett & sandland:
“It is certainly the case that the modern prison has been continuous home for psychiatry”
“The health care system and the criminal justice system is in theory at least, distinct systems perusing different goals”
Prisons
“Record high numbers of self inflicted deaths and incidents of self harm in prisons are proving the current state if mental health of those in prisons and its environment overall”
Statistics Psychiatric treatment before the sentence
16% men and 26% women.
Statistics psychotic symptoms in prisons
15% men and 25% women
How many people with diagnosis do not receive mental health care in prison
20% and 40% of prisons had bad or no training at all in recognising the needs for mental health support in prisons.
Rutherford
Rutherford Argues that the lines between prison and hospital are becoming blurred. This potentially leads to confusion in public opinion how justice operates.
Michael Stone
A guy known to psychiatric hospitals in Kent, he had drug problem and repeatedly offended and was in and out of prisons.
He sought help on several occasions but was refused on the basis that nothing would treat him ( he didn’t fir under any of the “known” conditions such as schizophrenia hence hospitals refused help)
He said he will kill people in the woods with a hammer and did end up doing so.
This sparked an idea that there needs to be a provision for those like him, even though he did not qualify under the “mental condition” and was not able to use mental health act and criminal justice had to wait for him to offend.
Kudla v Poland
Kudla case says that the person who is detained should be detained in a way that their article 3 rights are considered.
Article 3 right to live free from inhuman and degrading treatment torture.
detaining someone and keeping them in prison or police cell waiting to be questioned especially those who experience mental issues is torture.
Hale
“What would you rather be? Sentenced to a fixed term in prison where there is education and a wide range of other opportunities available and forceful medical treatments are hardly ever used.
OR
sentenced to an unknown term in a psychiatric hospital where the facilities are less varied. And a forceful medical treatment is allowed”
Peter
the Yorkshire ripper- murdered lots of sex workers, women he drove around the country and murdered women. It took ages for the police to find him, he was mentally unwell when he did it, he believed he spoke to god which was telling him to do it. He could’ve been diverted but he wasn’t because country believed he should be in prison but later was transferred to psychiatric hospital and went back to prison.
Question to ask yourself : Is justice being done if someone is in prison but mentally ill / in a hospital but not being punished for your crime?
Seems harder for those who end up in the hospital.
Policy of diversion
Remove mentally disorder offenders from criminal justice system and provide them with psychiatric treatment. Move them wherever there is space.
At what stage should people be diverted? From prosecution, pre charge, police station through examination of mental health professional. Etc
S136 can remove them to. A place of safety.
Ian Huntley
He was taken to a police station and presented himself as someone mentally unwell, 2 mental professionals refused to section him , and finally one after that did- shows the nature of the mental health act of going back and forward until someone agrees causing delays.
he went to a hospital under s2, then it was clear demonstrated that he was not mentally unwell and got taken back to the police station.
