Topic B - Forensic Psychiatry > Section B.5.0. Forensic Populations > Unit.B.5.1. Mentally Ill Offender

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Unit.B.5.1. Mentally Ill Offender

[Unit.B.5.1.] [Unit.D.5.1.]


Australia
focus points

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Canada
focus points

"In general the public tend to view the mentally ill as dangerous and unpredictable and prone to violence. Traditionally these stereotypes have been opposed by mental health advocates, however, a recent body of research evidence suggests that patient who suffer from serious mental conditions are more prone to violent behaviour than persons who are not mentally ill" (Arboleda-Florez, Holley & Crisante, 1998, p. 3).

"A puntative causal association between mental illness and violence, if proven will have major consequences for the mentally ill and major implications for caregivers, communities and legislators. Faced with these issues the Mental Health Division of Health Canada commissioned a study to conduct a critical appraisal of the literature to determine whether mental illness causes violence. From an exhaustive review of the literature, authors concluded that as yet, there is no compelling scientific evidence to suggest that mental illness causes violence"(Arboleda-Florez, Holley & Crisante, 1998, p. 3).

Video Key Points -'The police officer as a primary mental health resource'. The purpose of the video is:

  • "to provide general information on mental health issues to police officers,
  • to make police officers aware of the aware of the impact of mental illness on the police- officer-citizen encounter, and
  • to address the problem of stress and its effect on the police officer" (Arboleda-Florez, Crisanti, & Holley, 1996, p.1).

"By recognizing mental illness, the police officer will be able:

  • to act more cautiously in approaching the citizen, so as to avoid harm,
  • to divert the citizen to a more appropriate system, such as the Mental Health System and,
  • to obtain general knowledge on mental illness factors that could aide in police work" (Arboleda-Florez, Crisanti, & Holley, 1996, p. 2).

Chapter I - On Mental Illness and Mental Health - Objective:

  • "to increase police officers knowledge of syndromes, diagnosis and symptoms of the most frequent mental conditions and to increase their awareness of the impact of mental illness, their extent and costs" (Arboleda-Florez, Crisanti, & Holley, 1996, p. 8).

Chapter II -Police Officer/Citizen Encounters - Objective:

  • "to recognize the dynamic relationship between police officers and citizens and the role of preconceived notions which may have an impact on the encounter.
  • "to apply knowledge gained in the first chapter in the assessment of actual police-officer citizen encounters" (Arboleda-Florez, Crisanti, & Holley, 1996, p. 35).

"Criteria for Admission under the Alberta Mental Health Act

1. Suffering for a mental disorder
2. In a position presenting or likely to present a danger to himself or other, an
3. Unsuitable for admission to a facility other than as formal (involuntary patient)"
(Arboleda-Florez, Crisanti, & Holley, 1996, p. 41).

Chapter III - Stress and the Police Officer - Objective:

  • "to focus on general issues of stress and other factors that could cause individuals, citizens and police officers alike to react in an unusual manner" (Arboleda-Florez, Crisanti, & Holley, 1996, p. 60).
International
focus points

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United Kingdom
focus points

"For almost 200 years, the crime and the criminal have been melded into one conjoint figure - the mentally disordered offender" (Mason & Mercer, 1999, p. 236).

"Nursing management of those patients considered to have personality disorders is traditionally very difficult. This difficulty in part stems from inability of nurses to strategically develop therapeutic relationships in a safe manner. Crossing boundaries is a necessary part for therapeutic exploration and relationship building. Triumvirate nursing offers a safe mechanism for undertaking this" (Melia, Moran & Mason, 1999, p. 19).

"The mechanics of triumvirate nursing is quite simply nurses working in a team of three, each with equal responsibility for the provision of care for their patients". They further elaborate that "one patient would have three nurses who would work together to plan care and engage the individual in a therapeutic enterprise. Interventions would be planned and outlined as part of the care program assessment, with individual sessions being conducted by two nurses acting as co-therapists" (Melia, Moran & Mason, 1999, p. 19).

"The article details further "the review process by the triumvirate team following each session and the importance of fairly and regularly shifting their roles within the triumvirate" (Melia, Moran & Mason, 1999, p. 19).

"There has been growing concern over the treatability of those patients labeled as psychopathically disordered" (Moran & Mason, 1996, p. 189).

"The term psychopathic disorder is a legal expression rather than a clinical category and there are those that would prefer that clinicians do not use it to allude to this patient group" (Moran & Mason, 1996, p. 189).

"This term for psychiatric nurses certainly makes sense in terms of difficulty of encounters, the out-of-controlness, the therapeutic power imbalance and the lack of effective interventions" (Moran & Mason, 1996, p. 189).

"The following principles have emerged from many years of clinical experience and are grounded in practice:

1. Usufruct- enjoy their dynamic
2. Never be surprised
3. Humour
4. 99% honesty
5. Destabilitizing the static
6. Rule flexibility
7. Vulnerability"

(Moran & Mason, 1996, p. 189)


United States
focus points

The Surgeon General's office issued a comprehensive new report on Mental Illness in America, the first report of its kind in terms of scope and source. According to the report's findings, one in five Americans experiences a mental illness in any given year and half experience a mental disorder at some time in their lives. But the report's most compelling language was reserved for the obstacles to effective treatment of the mentally ill. Citing stigmas, ignorance of the efficacy of treatment, and a health insurance system that does not accord the same coverage (or respect) to mental illnesses as it does to physical ones, the report calls for an expansion in the supply of mental health services and, specifically, an increase in the number of mental health professionals caring for children and adolescents (Surgeon General Report, 1999, Dec 14).

Focus Points Reference

Arboleda-Florez, J., Crisanti, A. & Holley, H. (1996).Video & Manual 'The police officer as a primary mental health resource' [90 minutes] Prepared under The Auspices of the Pan-American Health Organization, by the Department of Psychiatry, Peter Lougheed Centre, Calgary Regional Health Authority, World Health Organization Collaborating Centre for Research and Training in Mental Health.

Arboleda-Florez, J., Holley, H. & Crisante, A. (1998). Mental illness and violence. International Medical Journal, 5 (1), 3-8.

Mason T. & Mercer, D. (1999). Forensic psychiatric nursing. (Chapter 13) pp. 236-259. In M. Clinton, & S. Nelson (Ed). Advanced Practice in Mental Health Nursing. Blackwell Science Ltd: Oxford.

Melia, P., Moran, T. & Mason, T. (1999). Triumvirate nursing for personality disordered patients: Crossing the boundaries safely. Journal of Psychiatric and Mental Health Nursing, 6, 15-20.

Moran, T. & Mason, T. (1996). Revisiting the nursing management of the psychopath. Journal of Psychiatric and Mental Health Nursing, 3, 189-194.

Surgeon General Report on Mental Health. (1999, Dec 14). Mental Health: A Report of the Surgeon General by David Satcher, M.D., Ph.D. Retrieved June 14, 2002 form http://www.surgeongeneral.gov/library/mentalhealth/


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From 'forensic presentations' in the forensic sourcebooks the following presentations have been selected for this unit:

Australia
Presentation(s)

Insert power point presentation here

Canada
Presentation(s)

B.5.1.(a).CA_2002_Mentally Ill offender-Student Pres_Vodarek, Kristine.ppt

International
Presentation(s)

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United Kingdom
Presentation(s)

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United States
Presentation(s)

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This section will continually be added to with guest presentations from forensic experts locally, nationally and internationally and with student presentations.

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From 'forensic cases' in the forensic sourcebooks the following case studies have been selected for this unit:

Unit.B.5.1. Mentally Ill Offender

[Unit.B.5.1.] [Unit.D.5.1.]


Australia
case study

Insert case study here

Canada
case study
Case Study B.5.1. - Subway Pusher - Toronto, Ontario, Canada

September 27, 1997, Herbert Cheong, a 42-year-old schizophrenic and a crack-cocaine addict deliberately pushed a young law clerk, Charlene Minkowski in front of the subway. Cheong pleaded guilty to second degree for the death of Charlene Minkowski.

Cheong had a history of violence toward women had been in and out of the mental institution. He gets well when he is in the institution and would be noncompliant with medication when he is out of the system. "Psychiatric reports in court painted Cheong, a crack user, as an angry, immature man who was tortured by auditory hallucinations"

He has been contemplating this plan for so many times. When he spotted this young lady, who he describes as one that "looks like a model or celebrity on TV." He thought to himself that this is the kind of girl who would make fun of him if he ever tries to talk to her.

Justice Watt handed down his decision on the destiny of Herbert Cheong. He ordered Cheong to life imprisonment without a chance for parole for 15 years. Herbert Cheong has been found criminally responsible in spite of his mental illness. Toronto forensic psychiatrists asserted that the current Criminal Code doesn't do justice to the mentally ill. They felt that the code is too definite about the criteria on "not criminally responsible," that this could mean certain mentally ill people like the case of Cheong could end up to prison instead of a mental institution that could help the individual with their mental illness.

Psychiatrists are now in pursuit to ask for changes on the "not criminally responsible" code. They felt that "degrees of criminal responsibility should be built into the law" agreed that "diminished responsibility" which is practiced in Britain should be introduced in Criminal Code. They both felt that this would benefit the mentally ill people, like Cheong. This will provide a law that will allow the court to give a conviction for a less serious offence and the freedom for the justice system to send the individual with mental illness to a mental institution instead of prison (The Toronto Star, 1998).

Related issues:

Mental Illness and Violence

Canada
Arboleda, J. & Holley, H. & Crisante, A. (1996). Mentally Illness and violence: Proof or stereotype? Calgary World Health Organization Collaborating Centre for Research and Training in Mental Health, For Health Promotion and Programs Branch, Health Canada.
Retrieved July 2, 2002 from http://www.hc-sc.gc.ca/hppb/mentalhealth/pubs/mental_illness/


Insanity defence

United States
American Psychiatric Association (2002). Insanity defense. American Psychiatric Association.
Public Information Website: http://www.psych.org/public_info/insanity.cfm

  • Note the meaning of "not guilty by reason of insanity?" in the United States.

 

International
case study

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United Kingdom
case study

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United States
case study

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From 'forensic experts' in the forensic sourcebooks the following panel of experts has been selected for this unit:

forensic panels of experts

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Australia
authors/experts

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Canada
authors/experts

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International
authors/experts

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United Kingdom
authors/experts

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United States
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