Editorial: Criminality and psychiatric disorder.
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Historically, the use of the insanity defense has been limited although not exclusively to those with a psychotic mental disorder at the time of the crime. Occasionally, an insanity acquittee may primarily suffer from a personality disorder at the time of commitment to the psychiatric hospital. Such examples can include someone with a personality disorder who malingers psychosis and legal insanity or who at the time of the crime may have been suffering from a drug-induced or brief reactive psychosis. One such case will be presented as well as dilemmas created for the clinician and forensic evaluator. In addition, pertinent medical and psychological literature and legal case precedents will be discussed. Finally, a proposed guideline for the treatment and evaluation of the personality-disordered insanity acquittee will be offered, focusing specifically on the aspects of the personality disorder that contribute to the individual's dangerousness.
Civil commitment in the United States historically has followed a medical, targeting individuals with serious mental disorders and providing for their treatment in the least restrictive setting. In the last decade, however, commitment laws have appeared in some states permitting the hospitalization of personality-disordered criminal offenders at the end of a penal sentence. The American Psychiatric Association has fiercely opposed these laws. The U.S. Supreme Court has given its qualified approval, although legal challenges persist. These laws, together with British proposals to permit the civil commitment of dangerous personality-disordered individuals, should be resisted by all professional disciplines.
A case is presented of a 30-year-old man suffering from borderline personality disorder who committed suicide by means of smothering. He was hospitalized at the psychiatric department of a public hospital for several months and was found dead in the seclusion room. The death resulted from an obstruction of the upper aerodigestive tract after ingurgitation of pellets of toilet paper. A literature review revealed several cases of suicidal asphyxia by smothering of patients with a history of psychiatric illness. Our patient's operating process had not been reported before to our knowledge.
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A previous study of patient admissions to an independent medium-secure psychiatric hospital by Moss, Green and Naismith (1996) suggested an increased flexibility in the admission of patients identified as having 'exceptional management problems.' In particular this was found to relate to a cohort of 59 patients admitted after having been identified as 'unmanageable' in their parent district. This appeared to provide the impetus, for a number of reasons, for their subsequent referral to the private sector. This study examines the characteristics of these patients, and discusses how the independent sector may be providing a service either unavailable within the National Health Service or for which the National Health Service is unsuitable, in terms of patients either requiring medium- to long-term hospital care in conditions of security, or those who cannot live independently and therefore require 'asylum' (which is no longer available within the National Health Service). In this sense the independent sector could be seen as meeting a national need by acting as a 'safety valve' for National Health Service psychiatric facilities.
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Preventive detention is imposed by court order if a dangerous criminal shows a disposition to relapse. The negative criminal prognosis should be given by a psychiatric expert based on considerations about the criminal's personality traits. Matters of preventive detention are important for forensic psychiatry, but so far have rarely been discussed. This article presents related problems and offers-under special consideration of problematic personality traits or personality disorders-practical guidelines for expert testimony. Our considerations should serve as a thought-provoking stimulus for further psychiatric discussions about this topic.
For years, the UK government has struggled to find the best way to manage people with severe personality disorder. The debate continues and includes concerns by the forensic psychiatric nurses who work with these patients.
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The treatment of hospitalized patients facing criminal charges is shaped by both their psychopathology and by their involvement with the criminal justice system. Psychopathologic presentation, motivation for hospitalization and/or discharge planning may be influenced by delays and uncertainties generated by the legal system. A review of the often informal nature of the criminal justice process suggests options for clinically oriented intervention in expediting the resolution of patients' psychiatric and legal difficulties.
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The author outlines the legislation and treatment system for mentally disordered criminal offenders in Japan, and reviews the recent studies on the treatment of refractory patients in mental hospitals. Involuntary admission of patients referred by a public prosecutor or by a head of a correctional institution is problematic regarding the judgment criteria for admission and discharge, and imposes a burden on practitioners. The author outlines the main problems of the treatment of criminal offenders in a hospital setting: reaction to the hospital environment, lack of motivation for treatment, therapists' reluctance to treat these patients, absence of support for rehabilitation and uncertainty about future risk. Suggested measures for the solution of these difficulties include the role of the Psychiatric Review Board, the psychiatric evaluation system, and therapeutic skills pertaining to dangerous patients.
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This study examined whether psychiatrists' attributions of responsibility for mental illnesses affect their decisions about involuntary hospitalization. A survey that was mailed in 2002 to members of the Illinois Psychiatric Society elicited recommendations for involuntary commitment for vignette characters. The survey also sought respondents' attributions of personal responsibility for the onset and recurrence of mental illnesses. A total of 432 psychiatrists responded to the survey. Decisions to involuntarily hospitalize persons with mental illness increased significantly with the level of risk of harm and varied significantly between psychiatric diagnoses. Attributions of responsibility were not related to commitment decisions.
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A retrospective examination of all patients referred by the emergency department of a medium sized general hospital for a mandated Form I psychiatric assessment during a 12 month period was conducted. The principal aim was an analysis of the clinical phenomena and especially the antecedents and course of violent behaviour (following admission and throughout the hospital stay) which in the majority of cases was the reason for the referral. Thirty percent had behaved violently prior to admission but within 24 hours all had settled and during the remainder of their hospital stay were indistinguishable from the generality of the ward population (for example, non-violent). Two-thirds of the patients were non-psychotic; that is, not suffering from a major mental illness; nevertheless, they required a disproportionate amount of time and effort in initial management. A high proportion had several prior admissions to the psychiatric ward, particularly for alcohol misuse and/or a personality disorder.