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Vol 23 No 5 May/June 2018

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Criminal Justice and the Mentally Disordered

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ISBN13: 9781855219625
ISBN: 185521962X
Published: July 1998
Publisher: Routledge
Format: Hardback
Price: Out of print

This selection of essays asks rather than answers questions. It is divided into five sections which explore various areas of research into the criminal justice system and the mentally disordered. The first section aims to examine the nature of the relationship between offending and mental disorder, in essence, how much is causation, how much is correlation, and what consequences follow? Do the mentally disordered deserve their just measure of punishment, or alternatively, can the justice process itself be therapeutic to those with such needs?;The second section addresses some of the conceptual and methodological problems which impede a full understanding of the issues. It explores the perspective of those who seek to explain criminal behaviour on the basis of individual factors, at odds with those who locate explanatory force in the more general social processes.;Section three takes a look at the way in which the justice process deals with the mentally disordered, from early involvement by the police, through assored diversion schemes and special defenses, via the problems of sentencing and to the prevalence of disorder within incarcerated populations. At each level it is evident that there is a degree of discretion operating.;Section four looks at the ethical and moral problems which arise when psychiatrists involve themselves with the criminal process and, in particular, in the use of preventive ""longer than normal"" sentences. This touches on the debate over whether psychiatrists should be involved, however tenuously, with the death penalty.;The final section deals with the topic of dangerous mentally disordered offenders. In so doing the selection of articles seeks to expose some of the mythology around this topic, concluding that dangerousness, like beauty, lies in the eye of the beholder.

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Part 1 Mental disorder and crime - causation, correlation and consequences: Cesare Lombroso (1835-1907), S. Ferracuti; John Stuart Mill on ""The liberty of the mentally ill"" - a historical note, J. Monahan; criminal behaviour and mental disorder, J. Gunn; mental abnormality and criminality - an uncertain relationship, H. Prins; mental disorder, intellectual deficiency and crime - evidence from a birth cohort, S. Hodgins; the mentally disordered offender - a call for thoughts, Lord Mustill; the humanitarian theory of punishment, C.S. Lewis; putting mental health into mental health law - therapeutic jurisprudence, D. Wexler.
Part 2 Methodological and conceptual problems - conflicting legal and historical models: psychiatric, psychological and legal models of man, N. Eastman; reason, emotion and criminal responsibility, L.H. Leigh; jealousy - the pathology of passion, P.E. Mullen; assessing mental disorder in the criminal justice system - feasibility versus clinical accuracy, S. Hodgins; madness and crime - criminology versus psychiatry, S. Wessely, P. Taylor. Aspects of process: police as streetconers psychiatrist - managing the mentally ill, L.A. Teplin, N.S. Pruett; mentally disordered offenders - finding a focus for diversion, E. Burney, G. Pearson; mentally disordered suspects in the criminally justice system, P. Fennell; insanity and fitness to stand trial in Canada and England - a comparative study of recent developments, R. MacKay; a rationale for infanticide laws, D. Maier-Katkin, R. Ogle; sentencing the partly mad and partly bad - the case of the hospital order in England and Wales, S. Verdun-Jones; the transfer of sentenced prisoners to hospital (1960-1983), A. Gronds; point prevalence of mental disorder in unconvicted male prisoners in England and Wales, D. Brooke et al; treatment needs of prisoners with psychiatric disorders, J. Gunn et al.
Part 4 The ethics of forensic psychiatry - should psychiatrists engage with the criminal courts? mental health professionals and the courts - the ethics of expertise, S. Goldin; revisiting the parable - truth without consequences, A. Stone; the role of psychiatric evidence in passing ""longer than normal"" sentences, B. Solomka; dangerous offenders, and the morality of protective sentencing, D. Wood.
Part 5 Dangerousness / psychopathic disorder and the prediction of violence: about the concept of the ""dangerous individual"" in 19th-century legal psychiatry, M. Foucault; assessing dangerousness in criminals, P.D. Scott; psychopathic personality - a most elusive category, A. Lewis. (Part contents).