The document discusses whether psychopaths should be considered mentally disordered and subject to mental health legislation. It argues that psychopaths are not mentally ill, as their behaviors and personalities do not demonstrate biological abnormalities, injuries or diseases. While their actions deviate from social norms, this does not mean they have an illness. The document also discusses balancing individual rights and public safety when dealing with violent offenders. It concludes that indefinite detention of non-offenders cannot be justified and that a balanced approach is needed when dealing with offenders that poses serious risks if released.
This document summarizes and discusses several key points regarding mental health laws and violence:
- It examines how definitions of mental disorder can impact statistics on violence, as disorders like antisocial personality are included or excluded. It also discusses how this relates to the government's approach in the draft bill.
- It reviews research showing the relationship between mental illness and violence is modest, with the greatest risks associated with personality disorders, substance abuse, and their combination with severe mental illness.
- It discusses whether people are adequately protected from violence related to mental illness, finding little evidence protection has decreased as patients are increasingly cared for in the community rather than asylums. Most violence relates more to factors like education, drugs
This document provides a summary and analysis of the British government's draft Mental Health Bill of 2002. It argues that the government has not adequately proven its case for the new civil powers of detention and compulsory treatment proposed in the bill. While mental illness is positively associated with some violence, the risks are modest and other factors like age, gender, substance use, and socioeconomic status are stronger predictors of violence in society. Improving social factors, healthcare resources, and education are likely more important for protecting public safety than expanding legal powers of compulsion. The document advocates for balancing civil liberties, treatment, and public safety according to established principles of mental health law.
SAINT FRANCIS DE SALES COLLEGE, AALO
DEPARTMENT OF SOCIOLOGY,
NATIONAL WEBINAR
ON
“MENTAL HEALTH AND WELL- BEING”
Sociological Perspectives on
Mental Health and Illness
The document discusses social pathology and suicide. It defines social pathology as unhealthy conditions in society and discusses factors like poverty, crime, and old age that can increase social problems. It then discusses suicide in depth, defining it, looking at global and Indian statistics on suicide, risk factors like psychiatric illnesses and life stressors, methods of assessment, theories of suicide, and prevention strategies.
The document discusses philosophical issues around abortion and personhood. It explores different criteria for what constitutes a person, including consciousness, self-awareness, and rationality. Rights are discussed in both a legal and moral sense. There is no consensus on when a potential person becomes an actual person deserving of rights. Competing claims must be balanced, such as a woman's right to liberty versus a fetus's putative right to life.
The document discusses the relationship between crime and mental illness from a psychological perspective. It defines several mental illnesses including schizophrenia, delusional disorders, and depressive disorder. It notes that schizophrenia can manifest in bizarre behaviors and delusional disorders involve persistent non-bizarre delusions. Depressive disorders involve depressed mood and loss of interest lasting at least two weeks. The document also discusses antisocial personality disorder which involves violating the rights of others. It concludes that education and helping those without mental illness understand it may help the mentally ill better cope in society and reduce criminal behaviors associated with their conditions.
Mental illness has been viewed and defined in various ways throughout history. Currently, there are three main perspectives: social realism sees mental illness as a real medical problem; social constructionism believes mental illness is defined differently in various cultures with no absolute truth; and labeling theory holds that powerful groups like psychiatrists label and negatively define less powerful groups like the mentally ill. Once labeled, others will view everything a person does through the lens of their supposed illness. Labelling can have negative effects as it shapes a person's identity and interactions. Social factors like poverty, gender roles, racism, and institutionalization may also contribute to mental health issues.
1) The document discusses empathy, its origins in evolution and biology, and how it develops through a child's environment. It explores the relationship between empathy and moral reasoning.
2) One study found that situations requiring "intended harm via personal force" elicited more emotional responses in participants, showing the link between empathy and morality.
3) Empathy arises from evolutionary adaptations like the autonomic nervous system and limbic system, but its development depends on one's environment as well as biological factors like certain brain regions and disorders. Understanding empathy could help address issues like criminal behavior.
This document summarizes and discusses several key points regarding mental health laws and violence:
- It examines how definitions of mental disorder can impact statistics on violence, as disorders like antisocial personality are included or excluded. It also discusses how this relates to the government's approach in the draft bill.
- It reviews research showing the relationship between mental illness and violence is modest, with the greatest risks associated with personality disorders, substance abuse, and their combination with severe mental illness.
- It discusses whether people are adequately protected from violence related to mental illness, finding little evidence protection has decreased as patients are increasingly cared for in the community rather than asylums. Most violence relates more to factors like education, drugs
This document provides a summary and analysis of the British government's draft Mental Health Bill of 2002. It argues that the government has not adequately proven its case for the new civil powers of detention and compulsory treatment proposed in the bill. While mental illness is positively associated with some violence, the risks are modest and other factors like age, gender, substance use, and socioeconomic status are stronger predictors of violence in society. Improving social factors, healthcare resources, and education are likely more important for protecting public safety than expanding legal powers of compulsion. The document advocates for balancing civil liberties, treatment, and public safety according to established principles of mental health law.
SAINT FRANCIS DE SALES COLLEGE, AALO
DEPARTMENT OF SOCIOLOGY,
NATIONAL WEBINAR
ON
“MENTAL HEALTH AND WELL- BEING”
Sociological Perspectives on
Mental Health and Illness
The document discusses social pathology and suicide. It defines social pathology as unhealthy conditions in society and discusses factors like poverty, crime, and old age that can increase social problems. It then discusses suicide in depth, defining it, looking at global and Indian statistics on suicide, risk factors like psychiatric illnesses and life stressors, methods of assessment, theories of suicide, and prevention strategies.
The document discusses philosophical issues around abortion and personhood. It explores different criteria for what constitutes a person, including consciousness, self-awareness, and rationality. Rights are discussed in both a legal and moral sense. There is no consensus on when a potential person becomes an actual person deserving of rights. Competing claims must be balanced, such as a woman's right to liberty versus a fetus's putative right to life.
The document discusses the relationship between crime and mental illness from a psychological perspective. It defines several mental illnesses including schizophrenia, delusional disorders, and depressive disorder. It notes that schizophrenia can manifest in bizarre behaviors and delusional disorders involve persistent non-bizarre delusions. Depressive disorders involve depressed mood and loss of interest lasting at least two weeks. The document also discusses antisocial personality disorder which involves violating the rights of others. It concludes that education and helping those without mental illness understand it may help the mentally ill better cope in society and reduce criminal behaviors associated with their conditions.
Mental illness has been viewed and defined in various ways throughout history. Currently, there are three main perspectives: social realism sees mental illness as a real medical problem; social constructionism believes mental illness is defined differently in various cultures with no absolute truth; and labeling theory holds that powerful groups like psychiatrists label and negatively define less powerful groups like the mentally ill. Once labeled, others will view everything a person does through the lens of their supposed illness. Labelling can have negative effects as it shapes a person's identity and interactions. Social factors like poverty, gender roles, racism, and institutionalization may also contribute to mental health issues.
1) The document discusses empathy, its origins in evolution and biology, and how it develops through a child's environment. It explores the relationship between empathy and moral reasoning.
2) One study found that situations requiring "intended harm via personal force" elicited more emotional responses in participants, showing the link between empathy and morality.
3) Empathy arises from evolutionary adaptations like the autonomic nervous system and limbic system, but its development depends on one's environment as well as biological factors like certain brain regions and disorders. Understanding empathy could help address issues like criminal behavior.
Reshaping Identity within the context of a new HIV diagnosisCBRC
This document summarizes a study on the psychosocial impacts of a new HIV diagnosis on men who have sex with men. It describes the study objectives, mixed quantitative and qualitative methods, and key findings. Participants experienced stigma, worries about disclosure to family/work, impacts on relationships, and reconciling views of HIV. They described anxieties around sex and transmission, and future optimism from treatment. The diagnosis prompted complex identity reshaping as they coped with a new HIV-positive identity.
Republic of ireland mental health tribunals 2009Anselm Eldergill
This document provides information about mental health tribunals in Ireland. It discusses several key points:
1) It outlines the statutory framework for involuntary admission and renewal orders under the Mental Health Act 2001, including criteria for admission due to mental disorder, time limits on orders, and tribunal review requirements.
2) Patient rights and protections are discussed, including principles of best interests, dignity, and least restrictive care. Relevant articles from the European Convention on Human Rights are also summarized.
3) Procedures for transfers between approved centers and discharge of patients are covered in brief, noting the roles of clinical directors and mental health tribunals.
This document defines and discusses key concepts related to health, illness, and mental illness from a sociological perspective. It addresses how health and illness are defined medically, traditionally, and by laypersons. It also examines functionalist explanations of illness, questioning of the medical model, examining the social construction of the body, and concepts of disability and stigma. The document further discusses health inequalities related to geography, social class, gender, ethnicity, and internationally. It analyzes theoretical perspectives on inequalities in health services and debates around defining and understanding mental illness.
Assessment of suicide risk dr essam hassanEssamHassan32
This document provides an overview of suicide risk assessment. It begins with definitions of suicide and epidemiological data showing suicide is a leading cause of death. It then discusses risk factors like psychiatric disorders, previous attempts, and life stressors. Methods of suicide and self-harm are outlined. The assessment process involves understanding current suicidal thoughts, intent, plans and stressors, as well as protective factors. Tools like the TASR can aid evaluation. Management depends on the individual's risk level, mental state, and social support. Ongoing monitoring is important given risk can change over time.
The document discusses the path of mentally ill offenders through the criminal justice system from arrest to release. It notes that many police officers receive little training in dealing with mentally ill individuals and that arrests can sometimes escalate situations. For those booked into jails and prisons, mental health treatment is often lacking. Over time, deinstitutionalization led to fewer psychiatric hospital beds, resulting in many mentally ill individuals becoming incarcerated instead of treated. The document recommends improving mental health treatment for inmates and increasing diversion programs to help address this issue.
1) Mrs. Richard, an 84-year-old resident of an assisted living facility, had become socially isolated, rarely leaving her room.
2) The intervention aimed to increase Mrs. Richard's socialization through goal-setting and encouragement of small steps outside her room.
3) The intervention was expected to decrease depression and increase nutrition through socialization, ultimately improving Mrs. Richard's quality of life.
Sociology of health and illness wk 22 mental healthAnthony Lawrence
Mental illness is a social construct that is influenced by normative expectations in society. Gender and race impact diagnosis and treatment, as women are more likely to be diagnosed with certain disorders and minorities often receive poorer care. The anti-psychiatry movement critiques psychiatry for medicalizing social problems and coercively targeting marginalized groups.
This document discusses the complex relationship between mental illness and crime. While there is a clear connection between mental illness and incarceration, the link between mental illness and actual criminal behavior is more nuanced. Several studies mentioned found moderate connections between some mental illnesses like schizophrenia and crime, especially when combined with substance abuse, but many mentally ill individuals are non-violent. The document examines how factors like deinstitutionalization, homelessness, poverty, and drug use associated with mental illness can influence criminality as well.
The document summarizes chapter 6 of the book "Crisis Intervention: The Criminal Justice Response to Chaos, Mayhem, and Disaster" by William Harmening. The chapter discusses suicide and the psychology of self-destruction. It covers the social impact of suicide in America, predominant theories of suicide, a typology scheme for different types of suicide and the dangers they pose, and techniques for responding to and de-escalating suicide situations. The chapter objectives are to summarize these topics.
This document discusses the social construction of health and illness. It introduces sociological theories of illness such as Talcott Parsons' sick role and Eliot Freidson's types of illness. The sick role refers to the behaviors expected of those who are ill, including being exempt from normal duties but also obligated to seek treatment. Freidson identified conditional, legitimate, and illegitimate sick roles depending on the seriousness and stigma of different illnesses. The social construction of health and illness has changed over time and varies between cultures.
Princeton University Law Journal: Severe personality disorder and the lawAnselm Eldergill
This article discusses the challenges around classifying and treating individuals described as psychopaths under mental health or criminal justice legislation. It argues that psychopathy is not a mental illness or disorder as there is no evidence of biological injury or disease. While individuals with psychopathic tendencies may deviate from social norms, this does not mean they have an illness. The article concludes that psychopaths should not be detained under mental health laws if they have not committed a crime. However, it proposes a legal framework where repeat violent or sexual offenders could be detained beyond their criminal sentence if a jury determines they would likely reoffend.
This document discusses forensic psychiatry and related topics. It begins with definitions of mental health, psychiatry, psychiatric nursing, and forensic psychiatry. It then outlines the basic components of forensic psychiatry, including the relationship between crime and psychiatric disorders, determining criminal responsibility, civil responsibilities, relevant laws, admission procedures in psychiatric hospitals, civil rights of the mentally ill, and the role of psychiatrists in the court system. In total, the document provides an overview of key aspects of forensic psychiatry as it relates to the legal system and care of the mentally ill.
Overlapping Universe Understanding Legal Insanity and Psychosis.docxalfred4lewis58146
Overlapping Universe: Understanding Legal Insanity and Psychosis
Zachary D. Torry • Stephen B. Billick
Published online: 6 April 2010 Springer Science+Business Media, LLC 2010
Abstract The Insanity Defense of Not Guilty by Reason of Insanity is the defense used by some mentally disordered defendants who do not have the capacity for understanding right and wrong at the time of their criminal act. This defense has perplexed legal and mental health professionals for centuries. Though it has been a part of the legal system since the early Greeks, it has been and continues to be amended, modified, and in some jurisdictions, abolished. Moreover, despite its infrequent use, many in our society hold onto the belief that defendants can evade criminal responsibility by means of this defense. Furthermore, insanity is often equated with psychosis; however, the two are not the same and have different connotations. It is essential for any clinical psychiatrist to understand the concept of the insanity defense and how it differs from psychosis. This paper will clarify the meaning and purpose of the insanity defense and will differentiate insanity and psychosis.
Keywords Insanity defense NGRI Criminal action Mens rea
Introduction
The insanity defense has been a controversial and elusive component of the legal and psychiatric professions for centuries. It has long tantalized defendants and mystified jurors. Furthermore, the concept that certain people may not be held responsible for their actions by reason of their mental state generates feelings of anger and disparity among some individuals. The insanity defense is viewed by some as a ‘‘loophole’’ for defendants and a
Z. D. Torry Saint Vincent’s Hospital, Manhattan, NY 10024, USA
Z. D. Torry (&) 140 West 79th Street, #4B, New York, NY 10024, USA e-mail: [email protected]
S. B. Billick New York Medical College, New York, NY, USA
123
Psychiatr Q (2010) 81:253–262 DOI 10.1007/s11126-010-9134-2
scheme that clever attorneys and mental health professionals exploit to acquit their criminal clients and permit dangerous people to roam freely in society. Therefore, at times this defense directs accusatory attention to the field of clinical and forensic psychiatry. The psychiatrist might be viewed as creating excuses for the defendants’ otherwise criminal behavior. Finally, it has been sometimes argued that the insanity defense is inconsistent with the deterrent and punishment purposes of criminal law. The reality is that the insanity defense is used in only 1% of criminal cases, and it is used successfully in only 10–25% of those [1]. Moreover, defendants who are found insane generally spend as much or more time in state custody than their criminally convicted counterparts [2]. Forensic psychiatrists are not the only psychiatrists who need to understand the insanity defense. Patients seen in ongoing clinical psychiatric treatment may commit crimes, and the psychiatrist should have some appreciation for understanding .
The document summarizes a study by American criminologist Dr. Joan R. Petersilia on criminal justice policies for the mentally retarded. The study finds that the mentally retarded are often unable to understand their Miranda rights and confess to crimes they did not commit. They also have difficulty with plea bargaining, testifying credibly in court, and impressing parole boards. As a result, they tend to serve longer sentences and have higher recidivism rates than other offenders. The document calls for reforms like screening for mental disabilities, diverting certain offenders to supervised probation, and programs to help with job training and reintegration into society. This could help the mentally retarded while also saving taxpayer money on incarceration costs.
This document discusses the complex relationship between compassion, safety, and rights in the context of mental health. It touches on issues like involuntary treatment, dangerousness, and the perspectives of those with lived experience of mental illness. The author has experience working in mental health advocacy and has dealt with these issues from many sides. They aim to examine these issues using multiple perspectives and the most current research and law.
In this course, we look at classical ethical theories of utilitari.docxbradburgess22840
In this course, we look at classical ethical theories of utilitarianism, deontology, and virtue ethics. We also look at the different kinds of perspectives on ethical issues introduced by relativism, ethical egoism, and emotivism.
For this paper, you will pick an ethical issue to discuss, but one that is not a specific topic addressed in our text (thus, gun control or product liability would not be possible choices). Some examples are given below, but it is recommended that you choose to write on a topic you have already encountered or you have thought about previously. (One way of thinking about this is to think of an ethical issue that either worries you or enrages you.)
Identify, specifically, the ethical issue and the ethical problems it presents. Drawing on various sources, explain how one of the classical theories (utilitarianism, deontology, virtue ethics) would resolve the problem. Then, contrast this response with the perspective brought to the issue by relativism, emotivism, or ethical egoism. Finally, state which of these views is closer to your own, supporting your response with a clearly-presented and well-supported argument. The more specific you can be the better, and feel free to include examples that will strengthen your account.
I chose Medical care in prisons, will attach rough draft as well..
The final version of this paper must be between eight to ten pages in length, (excluding the title and reference pages), using at least five (5) resources, and follow APA (6th edition) formatting.
This paper is a compare/contrast paper.
6
Medical Care for Prisoners
Medical Care for Prisoners
Julio C. Armas
SOC 120
Mrs. Megan Reid
September 21, 2012
Is society ethically obliged to provide free healthcare to prisoners incarcerated for crimes against that same society? There are more people incarcerated in the United States than history has ever recorded; in fact, the U.S. has the world’s highest prison population with over 2 million incarcerated, and there is no indication of the population growth slowing down. This growing prison population has alarming consequences on many facets of prisoner care, and in particular, medical care provided to prisoners. The financial impact of providing adequate medical care for this enormous prison population has severe and deep reaching repercussions on not just the prisons, but the law-abiding citizens, states, and indeed, the entire nation. Many arguments have been made on what level of care constitutes adequate care, and even if health care should or should not be provided to prisoners. The ethical and moral responsibilities we, as a society, are obligated to provide is a hotly debated topic. There are many possible solutions to the health care dilemma, but whether or not those solutions meet the ethical requirements that society has incurred as a result of incarcerating people considered a threat to society is questionable. Also in question is the.
The document discusses the issue of euthanasia and arguments around legalizing the practice. It notes that some people will experience prolonged, painful deaths from incurable diseases and pass their final stages in a vegetative state. While drugs can relieve suffering for many, there will always be some who request euthanasia. The document explores options around active versus passive euthanasia and whether legalizing euthanasia could lead to abuse or influence societal attitudes toward life. It also discusses whether a society can prohibit euthanasia based on moral objections.
Alice Alverio- Civil Commitment Of Sex Offenders-Alice Alverio
This document discusses characteristics of psychopathic behavior and sex offenders, as well as laws related to civil commitment of sex offenders. It provides details on criteria for civil commitment, including requiring a mental abnormality or disorder that causes difficulty controlling violent sexual behavior. Research suggests genetics and brain abnormalities may contribute to psychopathy. The document also examines arguments for and against civil commitment, noting the goal of preventing recidivism while addressing issues like high costs and lack of oversight in some programs.
The document discusses cognitive biases and psychological disorders. It begins by explaining that while the human brain is powerful, it is still subject to cognitive biases that can lead to flawed decisions. It then discusses 12 common cognitive biases and differentiates them from logical fallacies. The document also provides definitions and explanations of psychological disorders, including antisocial personality disorder. It notes the importance of classification systems in identifying different types of disorders. Finally, it discusses symptoms of antisocial personality disorder and challenges in determining what constitutes abnormal behavior.
The document discusses the purpose and goals of the prison system and rehabilitation of criminals. It notes there is disagreement around whether the purpose is punishment or rehabilitation. Rehabilitation aims to address the underlying causes of criminal behavior and reintegrate offenders into society by providing treatment programs, education, job skills training, and counseling. Effective rehabilitation programs have been shown to reduce recidivism rates. The goal of rehabilitation is to treat offenders and enable them to return to a crime-free lifestyle.
This document summarizes the key debates around defining and understanding mental illness. It discusses the medical model which views mental disorders as physiological disorders of the brain that can be cured by restoring chemical imbalances. It also discusses the spiritual view which sees mental illness as a discomposure of the soul. Additionally, it mentions the functional school which defines mental illness as deviations from statistically normal behaviors and dysfunctions. The document questions whether mental illnesses are truly illnesses, what their essence is, and whether restoring chemical balance gets at their root cause.
Reshaping Identity within the context of a new HIV diagnosisCBRC
This document summarizes a study on the psychosocial impacts of a new HIV diagnosis on men who have sex with men. It describes the study objectives, mixed quantitative and qualitative methods, and key findings. Participants experienced stigma, worries about disclosure to family/work, impacts on relationships, and reconciling views of HIV. They described anxieties around sex and transmission, and future optimism from treatment. The diagnosis prompted complex identity reshaping as they coped with a new HIV-positive identity.
Republic of ireland mental health tribunals 2009Anselm Eldergill
This document provides information about mental health tribunals in Ireland. It discusses several key points:
1) It outlines the statutory framework for involuntary admission and renewal orders under the Mental Health Act 2001, including criteria for admission due to mental disorder, time limits on orders, and tribunal review requirements.
2) Patient rights and protections are discussed, including principles of best interests, dignity, and least restrictive care. Relevant articles from the European Convention on Human Rights are also summarized.
3) Procedures for transfers between approved centers and discharge of patients are covered in brief, noting the roles of clinical directors and mental health tribunals.
This document defines and discusses key concepts related to health, illness, and mental illness from a sociological perspective. It addresses how health and illness are defined medically, traditionally, and by laypersons. It also examines functionalist explanations of illness, questioning of the medical model, examining the social construction of the body, and concepts of disability and stigma. The document further discusses health inequalities related to geography, social class, gender, ethnicity, and internationally. It analyzes theoretical perspectives on inequalities in health services and debates around defining and understanding mental illness.
Assessment of suicide risk dr essam hassanEssamHassan32
This document provides an overview of suicide risk assessment. It begins with definitions of suicide and epidemiological data showing suicide is a leading cause of death. It then discusses risk factors like psychiatric disorders, previous attempts, and life stressors. Methods of suicide and self-harm are outlined. The assessment process involves understanding current suicidal thoughts, intent, plans and stressors, as well as protective factors. Tools like the TASR can aid evaluation. Management depends on the individual's risk level, mental state, and social support. Ongoing monitoring is important given risk can change over time.
The document discusses the path of mentally ill offenders through the criminal justice system from arrest to release. It notes that many police officers receive little training in dealing with mentally ill individuals and that arrests can sometimes escalate situations. For those booked into jails and prisons, mental health treatment is often lacking. Over time, deinstitutionalization led to fewer psychiatric hospital beds, resulting in many mentally ill individuals becoming incarcerated instead of treated. The document recommends improving mental health treatment for inmates and increasing diversion programs to help address this issue.
1) Mrs. Richard, an 84-year-old resident of an assisted living facility, had become socially isolated, rarely leaving her room.
2) The intervention aimed to increase Mrs. Richard's socialization through goal-setting and encouragement of small steps outside her room.
3) The intervention was expected to decrease depression and increase nutrition through socialization, ultimately improving Mrs. Richard's quality of life.
Sociology of health and illness wk 22 mental healthAnthony Lawrence
Mental illness is a social construct that is influenced by normative expectations in society. Gender and race impact diagnosis and treatment, as women are more likely to be diagnosed with certain disorders and minorities often receive poorer care. The anti-psychiatry movement critiques psychiatry for medicalizing social problems and coercively targeting marginalized groups.
This document discusses the complex relationship between mental illness and crime. While there is a clear connection between mental illness and incarceration, the link between mental illness and actual criminal behavior is more nuanced. Several studies mentioned found moderate connections between some mental illnesses like schizophrenia and crime, especially when combined with substance abuse, but many mentally ill individuals are non-violent. The document examines how factors like deinstitutionalization, homelessness, poverty, and drug use associated with mental illness can influence criminality as well.
The document summarizes chapter 6 of the book "Crisis Intervention: The Criminal Justice Response to Chaos, Mayhem, and Disaster" by William Harmening. The chapter discusses suicide and the psychology of self-destruction. It covers the social impact of suicide in America, predominant theories of suicide, a typology scheme for different types of suicide and the dangers they pose, and techniques for responding to and de-escalating suicide situations. The chapter objectives are to summarize these topics.
This document discusses the social construction of health and illness. It introduces sociological theories of illness such as Talcott Parsons' sick role and Eliot Freidson's types of illness. The sick role refers to the behaviors expected of those who are ill, including being exempt from normal duties but also obligated to seek treatment. Freidson identified conditional, legitimate, and illegitimate sick roles depending on the seriousness and stigma of different illnesses. The social construction of health and illness has changed over time and varies between cultures.
Princeton University Law Journal: Severe personality disorder and the lawAnselm Eldergill
This article discusses the challenges around classifying and treating individuals described as psychopaths under mental health or criminal justice legislation. It argues that psychopathy is not a mental illness or disorder as there is no evidence of biological injury or disease. While individuals with psychopathic tendencies may deviate from social norms, this does not mean they have an illness. The article concludes that psychopaths should not be detained under mental health laws if they have not committed a crime. However, it proposes a legal framework where repeat violent or sexual offenders could be detained beyond their criminal sentence if a jury determines they would likely reoffend.
This document discusses forensic psychiatry and related topics. It begins with definitions of mental health, psychiatry, psychiatric nursing, and forensic psychiatry. It then outlines the basic components of forensic psychiatry, including the relationship between crime and psychiatric disorders, determining criminal responsibility, civil responsibilities, relevant laws, admission procedures in psychiatric hospitals, civil rights of the mentally ill, and the role of psychiatrists in the court system. In total, the document provides an overview of key aspects of forensic psychiatry as it relates to the legal system and care of the mentally ill.
Overlapping Universe Understanding Legal Insanity and Psychosis.docxalfred4lewis58146
Overlapping Universe: Understanding Legal Insanity and Psychosis
Zachary D. Torry • Stephen B. Billick
Published online: 6 April 2010 Springer Science+Business Media, LLC 2010
Abstract The Insanity Defense of Not Guilty by Reason of Insanity is the defense used by some mentally disordered defendants who do not have the capacity for understanding right and wrong at the time of their criminal act. This defense has perplexed legal and mental health professionals for centuries. Though it has been a part of the legal system since the early Greeks, it has been and continues to be amended, modified, and in some jurisdictions, abolished. Moreover, despite its infrequent use, many in our society hold onto the belief that defendants can evade criminal responsibility by means of this defense. Furthermore, insanity is often equated with psychosis; however, the two are not the same and have different connotations. It is essential for any clinical psychiatrist to understand the concept of the insanity defense and how it differs from psychosis. This paper will clarify the meaning and purpose of the insanity defense and will differentiate insanity and psychosis.
Keywords Insanity defense NGRI Criminal action Mens rea
Introduction
The insanity defense has been a controversial and elusive component of the legal and psychiatric professions for centuries. It has long tantalized defendants and mystified jurors. Furthermore, the concept that certain people may not be held responsible for their actions by reason of their mental state generates feelings of anger and disparity among some individuals. The insanity defense is viewed by some as a ‘‘loophole’’ for defendants and a
Z. D. Torry Saint Vincent’s Hospital, Manhattan, NY 10024, USA
Z. D. Torry (&) 140 West 79th Street, #4B, New York, NY 10024, USA e-mail: [email protected]
S. B. Billick New York Medical College, New York, NY, USA
123
Psychiatr Q (2010) 81:253–262 DOI 10.1007/s11126-010-9134-2
scheme that clever attorneys and mental health professionals exploit to acquit their criminal clients and permit dangerous people to roam freely in society. Therefore, at times this defense directs accusatory attention to the field of clinical and forensic psychiatry. The psychiatrist might be viewed as creating excuses for the defendants’ otherwise criminal behavior. Finally, it has been sometimes argued that the insanity defense is inconsistent with the deterrent and punishment purposes of criminal law. The reality is that the insanity defense is used in only 1% of criminal cases, and it is used successfully in only 10–25% of those [1]. Moreover, defendants who are found insane generally spend as much or more time in state custody than their criminally convicted counterparts [2]. Forensic psychiatrists are not the only psychiatrists who need to understand the insanity defense. Patients seen in ongoing clinical psychiatric treatment may commit crimes, and the psychiatrist should have some appreciation for understanding .
The document summarizes a study by American criminologist Dr. Joan R. Petersilia on criminal justice policies for the mentally retarded. The study finds that the mentally retarded are often unable to understand their Miranda rights and confess to crimes they did not commit. They also have difficulty with plea bargaining, testifying credibly in court, and impressing parole boards. As a result, they tend to serve longer sentences and have higher recidivism rates than other offenders. The document calls for reforms like screening for mental disabilities, diverting certain offenders to supervised probation, and programs to help with job training and reintegration into society. This could help the mentally retarded while also saving taxpayer money on incarceration costs.
This document discusses the complex relationship between compassion, safety, and rights in the context of mental health. It touches on issues like involuntary treatment, dangerousness, and the perspectives of those with lived experience of mental illness. The author has experience working in mental health advocacy and has dealt with these issues from many sides. They aim to examine these issues using multiple perspectives and the most current research and law.
In this course, we look at classical ethical theories of utilitari.docxbradburgess22840
In this course, we look at classical ethical theories of utilitarianism, deontology, and virtue ethics. We also look at the different kinds of perspectives on ethical issues introduced by relativism, ethical egoism, and emotivism.
For this paper, you will pick an ethical issue to discuss, but one that is not a specific topic addressed in our text (thus, gun control or product liability would not be possible choices). Some examples are given below, but it is recommended that you choose to write on a topic you have already encountered or you have thought about previously. (One way of thinking about this is to think of an ethical issue that either worries you or enrages you.)
Identify, specifically, the ethical issue and the ethical problems it presents. Drawing on various sources, explain how one of the classical theories (utilitarianism, deontology, virtue ethics) would resolve the problem. Then, contrast this response with the perspective brought to the issue by relativism, emotivism, or ethical egoism. Finally, state which of these views is closer to your own, supporting your response with a clearly-presented and well-supported argument. The more specific you can be the better, and feel free to include examples that will strengthen your account.
I chose Medical care in prisons, will attach rough draft as well..
The final version of this paper must be between eight to ten pages in length, (excluding the title and reference pages), using at least five (5) resources, and follow APA (6th edition) formatting.
This paper is a compare/contrast paper.
6
Medical Care for Prisoners
Medical Care for Prisoners
Julio C. Armas
SOC 120
Mrs. Megan Reid
September 21, 2012
Is society ethically obliged to provide free healthcare to prisoners incarcerated for crimes against that same society? There are more people incarcerated in the United States than history has ever recorded; in fact, the U.S. has the world’s highest prison population with over 2 million incarcerated, and there is no indication of the population growth slowing down. This growing prison population has alarming consequences on many facets of prisoner care, and in particular, medical care provided to prisoners. The financial impact of providing adequate medical care for this enormous prison population has severe and deep reaching repercussions on not just the prisons, but the law-abiding citizens, states, and indeed, the entire nation. Many arguments have been made on what level of care constitutes adequate care, and even if health care should or should not be provided to prisoners. The ethical and moral responsibilities we, as a society, are obligated to provide is a hotly debated topic. There are many possible solutions to the health care dilemma, but whether or not those solutions meet the ethical requirements that society has incurred as a result of incarcerating people considered a threat to society is questionable. Also in question is the.
The document discusses the issue of euthanasia and arguments around legalizing the practice. It notes that some people will experience prolonged, painful deaths from incurable diseases and pass their final stages in a vegetative state. While drugs can relieve suffering for many, there will always be some who request euthanasia. The document explores options around active versus passive euthanasia and whether legalizing euthanasia could lead to abuse or influence societal attitudes toward life. It also discusses whether a society can prohibit euthanasia based on moral objections.
Alice Alverio- Civil Commitment Of Sex Offenders-Alice Alverio
This document discusses characteristics of psychopathic behavior and sex offenders, as well as laws related to civil commitment of sex offenders. It provides details on criteria for civil commitment, including requiring a mental abnormality or disorder that causes difficulty controlling violent sexual behavior. Research suggests genetics and brain abnormalities may contribute to psychopathy. The document also examines arguments for and against civil commitment, noting the goal of preventing recidivism while addressing issues like high costs and lack of oversight in some programs.
The document discusses cognitive biases and psychological disorders. It begins by explaining that while the human brain is powerful, it is still subject to cognitive biases that can lead to flawed decisions. It then discusses 12 common cognitive biases and differentiates them from logical fallacies. The document also provides definitions and explanations of psychological disorders, including antisocial personality disorder. It notes the importance of classification systems in identifying different types of disorders. Finally, it discusses symptoms of antisocial personality disorder and challenges in determining what constitutes abnormal behavior.
The document discusses the purpose and goals of the prison system and rehabilitation of criminals. It notes there is disagreement around whether the purpose is punishment or rehabilitation. Rehabilitation aims to address the underlying causes of criminal behavior and reintegrate offenders into society by providing treatment programs, education, job skills training, and counseling. Effective rehabilitation programs have been shown to reduce recidivism rates. The goal of rehabilitation is to treat offenders and enable them to return to a crime-free lifestyle.
This document summarizes the key debates around defining and understanding mental illness. It discusses the medical model which views mental disorders as physiological disorders of the brain that can be cured by restoring chemical imbalances. It also discusses the spiritual view which sees mental illness as a discomposure of the soul. Additionally, it mentions the functional school which defines mental illness as deviations from statistically normal behaviors and dysfunctions. The document questions whether mental illnesses are truly illnesses, what their essence is, and whether restoring chemical balance gets at their root cause.
This document provides information about behavioral sciences and the biopsychosocial model of health care. It defines behavioral sciences as a branch of science that deals with human and animal behavior through systematic observation and experimentation. It notes key differences between behavioral sciences and social sciences in their level of analysis. The document also describes the biopsychosocial model, which views health as influenced by biological, psychological, and social factors rather than just biological ones. It discusses implications and challenges of this model in medicine.
Social norms are unwritten rules that provide order and predictability in society. People comply with norms to gain approval and belonging. Norms of morality determine the goodness or badness of human acts based on proximate and ultimate norms. Conscience is one's practical judgment of reason that recognizes the moral quality of acts. It comes from a joint knowledge with reason and God. Conscience helps one make moral decisions and obey moral norms. However, forming conscience is challenging due to factors like relativism, misinformation, and individualism. Conscience is formed through prayer, listening to teachings, community influence, and a multidisciplinary approach. Laws are enacted to promote morality but must be based on the objective, eternal, and universal norms
This document discusses human rights protections for mentally ill patients. It notes that mentally ill individuals frequently experience violations of their rights through inadequate care, degrading treatment, and poor living conditions in institutions. It also discusses the stigma and discrimination they face outside institutions. International laws and declarations are aimed at protecting the rights of mentally ill persons, including rights to dignity, non-discrimination, freedom from torture, and liberty. Nurses have a responsibility to ensure patients' rights are upheld.
In this course, we look at classical ethical theories of utilitari.docxjaggernaoma
In this course, we look at classical ethical theories of utilitarianism, deontology, and virtue ethics. We also look at the different kinds of perspectives on ethical issues introduced by relativism, ethical egoism, and emotivism.
For this paper, you will pick an ethical issue to discuss, but one that is not a specific topic addressed in our text (thus, gun control or product liability would not be possible choices). Some examples are given below, but it is recommended that you choose to write on a topic you have already encountered or you have thought about previously. (One way of thinking about this is to think of an ethical issue that either worries you or enrages you.)
Identify, specifically, the ethical issue and the ethical problems it presents. Drawing on various sources, explain how one of the classical theories (utilitarianism, deontology, virtue ethics) would resolve the problem. Then, contrast this response with the perspective brought to the issue by relativism, emotivism, or ethical egoism. Finally, state which of these views is closer to your own, supporting your response with a clearly-presented and well-supported argument. The more specific you can be the better, and feel free to include examples that will strengthen your account.
I chose Medical care in prisons, will attach rough draft as well..
The final version of this paper must be between eight to ten pages in length, (excluding the title and reference pages), using at least five (5) resources, and follow APA (6th edition) formatting.
This paper is a compare/contrast paper.
MKTG205 – Product and Service Ideas
During this class you will be working progressively with a product or service chosen for the Unit 1 assignments. Prior to
selecting a topic and starting on the assignments, you should review the other units. This will help you to select an
appropriate product or service with which to work. If you read through the assignments for this course, it will help you
to pick the product or service that will get the most out of this exercise.
Choose one of the following products or services based on your interest and/or area of study. If you would like to
choose a product or service not listed, you must receive instructor approval by Thursday of Week 1. If you did not get
approval prior to posting, you may not get credit.
Business Criminal Justice Information Systems
Chocolate Bar Bulletproof Vests New Educational Video Game
Laundry Detergent Security Consulting Company External Hard Drive
Organic Food Product Kid Safety Training Course/
Products
Local Computer Repair Business
Local Restaurant, Store or Small
Business (cannot be a chain or
franchise)
Self Defense Training A new Application for GPS
Technology
New “Green Product”
Traveling Dog Groomer, Car
Repair, etc.
Human Resources Visual Communications Healthcare Administration
Team-Building Adventure Course Website Design Service Oatmeal (.
1. The document discusses several ethical scenarios in psychiatry, including obtaining consent for treatment from family members and maintaining patient confidentiality.
2. It provides historical context on the development of medical ethics codes, noting that psychiatry developed specific ethics guidelines more recently.
3. Key aspects of psychiatric ethics discussed include obtaining informed consent, guidelines around voluntary and involuntary treatment, and balancing patient confidentiality with situations where a patient may pose a danger to others. Maintaining patient autonomy and welfare is emphasized.
District Judge Anselm Eldergill has had an extensive career in mental health law spanning over 30 years. He has held numerous prestigious roles, including as a member of the United Nations Expert Judicial Group on Capacity and Access to Justice, chairman of government inquiries, and as a professor at multiple universities. He is recognized as a leading expert in mental health and capacity law, having authored several authoritative textbooks and many influential publications. He currently sits as a District Judge in the Court of Protection in London.
A University College London presentation by Professor Anselm Eldergill on civil applications and orders under the Mental Health Act 1983. Excludes community treatment orders which are dealt with as a separate presentation.
15 Years of the Mental Capacity Act: Where are we now?Anselm Eldergill
This document provides an overview of issues related to the 15 year implementation of the Mental Capacity Act in the UK. It discusses successes such as the establishment of the Court of Protection and increased use of LPAs and DOLs. Key issues covered include detention thresholds, risk models, participation of protected persons, rules/procedures, court structures, autonomy/liberty concerns, and the high volume of applications. It also examines potential mission creep in the use of DOLs and questions around non-contentious work done by the Court of Protection.
Judge Professor Anselm Eldergill resume 10 may 2019Anselm Eldergill
Anselm Eldergill has had a long and distinguished career in public service related to mental health law. He has served as a judge, chaired numerous government inquiries, and held leadership positions with regulatory bodies. Additionally, he has authored several influential textbooks and publications and holds academic positions where he lectures on mental health law.
Mental Health Tribunal Powers: Final Report on Part V of Mental Health Act 1983Anselm Eldergill
This is the final report of the Tribunal, Hospital Managers and Safeguards Working Group on the Reform of Part V of the Mental Health Act 1983 (which deals with a Mental Health Tribunal's powers). I chaired the Working Group, which formed part of the Independent Review of the Mental Health Act Tribunal chaired by Sir Simon Wesseley. Some of our recommendations were accepted and found their way into the final report of the Independent Review; others did not. Perhaps the main disappointments were that two fairly straightforward recommendations were not incorporated in the report: that the tribunal's discretionary power of discharge should be restored to what was intended by Parliament, and that tribunals dealing with a restricted case should be obliged to discharge the restrictions if they are no longer necessary to protect the public from serious harm.
The application of sympathy and intuitive understanding is a prerequisite for the objective observation of mental phenomena in others. Consequently, empathy and compassion are instruments of justice and the notion that objective decision-making is undermined or contaminated by them is impossible to support. Because proceedings involve a person’s personal welfare, an objective ‘rational’ decision is one based on the subjective (personal) feelings of the relevant people, including those which the judge believes are irrational or illogical. If the judge is uninterested in the person’s problems and the underlying causes, such a narrow field of view necessarily leads to a narrow understanding of the overall situation.
This document outlines 11 principles of mental health laws according to Professor Anselm Eldergill:
1. Mental health laws should balance individual liberty, bringing necessary treatment to those who need it, and protecting the public, including both those detained and not detained.
2. The use of compulsory powers is meant to reduce human suffering, not eliminate all risk, and decisions should maximize happiness rather than solely focus on safety.
3. Any power over individuals risks abuse, so mental health laws establish legal duties, rights, and independent scrutiny to protect vulnerable populations like people with mental illnesses.
4. Upholding legal rights and the rule of law is constitutionally important for liberal democracies
Professor Anselm Eldergill, Judge of the Court of Protection, LondonAnselm Eldergill
Resume, January 2018. Interested in new opportunities in 2018, whether judicial, international human rights, academic or return to practice. UK or abroad.
The Classification of Mental Disorders, EldergillAnselm Eldergill
Analyses how mental disorders are classified and the problems and limitations of classification. From Mental Health Review Tribunals — Law and Practice (Sweet & Maxwell, London, 1997).
Mental Health and Mental Disorder: The Legal Significance of Medical ConceptsAnselm Eldergill
Analyses key medical terms and concepts for the benefit of legal representatives who represent individuals who appeal against their detention under mental health laws: concepts such as normal, abnormal, disorder, illness, disease, personality, etc
Involuntary psychiatric hospitalization, Appeals: Case preparationAnselm Eldergill
1) Legal representatives are common in tribunal proceedings regarding detention under mental health acts, with around 90% of patients in Wales being represented.
2) The chapter discusses the role and perspective of legal representatives in these tribunals. It provides guidance on the initial steps representatives should take, including observing the patient's mental state and background information.
3) The rules allow for parties to choose their own representative, with some limitations, or for the tribunal to appoint a representative if the patient does not choose one themselves. The rules provide certain rights to representatives, such as disclosure of documents.
An article which analyses the function and conduct of legally-chaired inquiries. The author is a judge and former Coroner who chaired many homicide and suicide inquiries commissioned by the Department of Health.
Summary of the organisation of the NHS from 1948 to 2003. Reproduced because recent reorganisations of NHS services often seem to be made in ignorance of the past and/or to replicate previous mistakes.
A defence of liberal mental health laws. An old presentation from 2003, when more authoritarian legislation was proposed, sub-titled: 'In defence of Liberalism'.
This document outlines 19 principles for mental health laws:
1. Principles should consider human experience, not just reason.
2. State intervention should be limited to protect liberties and avoid prolonged damage from erroneous laws.
3. Democratic constitutions separate powers to ensure scrutiny of executive power and good governance.
4. Mental health laws aim to balance liberty, treatment, and public protection for all members of society.
Mental Health Appeals: Courts or Tribunals (Lecture)
Personality disorder and the law
1. Princeton University Law Journal, Volume III, Issue 2, Spring 1999
PSYCHOPATHY, THE LAW AND INDIVIDUAL RIGHTS
Anselm Eldergill
The Home Office and the Department of Health are at present What then is the evidence which suggests that people said to
considering the introduction of new legislation aimed at be psychopaths have a disease or disorder which requires
protecting the public from individuals with severely disturbed medical attention? Personality is what makes one individual
personalities. Previous schemes of preventive detention have different from another; the whole system of relatively
ended in failure, and the dilemma facing the present permanent abilities and tendencies distinctive of a given
Government is how to identify and contain the dangerous individual's brain. Although limited development of the
without endangering civil liberties. human personality may be caused by an innate structural
defect, such as mental retardation, this is rare. No one has
The question, "what should the law do about this state of demonstrated any injury or disease which accounts for the
affairs?" is simply another way of asking, "what should we characteristics of those with highly dissocial personalities (or
do through our Parliament?" Logically, the first issue to be those of their counterparts: empathic, law-abiding citizens).
addressed is whether those people presently categorised as Although this is also the case with schizophrenia, there are
psychopaths are mentally disordered: if not, they have no important differences. Schizophrenia is a process which
place in a hospital and there can be no justification for without intervention develops and interferes with the body in
detaining them there. Related to this is the question of certain characteristic ways. It results in a marked
whether they are suitable for, or deserving of, punishment. deterioration in the individual's level of mental functioning,
Should their mental states entitle them to more or less lenient and this implies significant, corresponding, structural or
treatment than that ordinarily meted out for the offences they physiological changes.
commit?
There has never been any agreement about whether persons If the brains of people classed as psychopaths are not
described as psychopaths should be dealt with under mental diseased are they, therefore, normal? That depends upon how
health legislation. It has variously been argued that persons one defines what is normal. The mental state and behaviour
with disturbed personalities who commit violent or anti- of an individual said to have a personality disorder is
social acts are nothing more or less than what used to be abnormal, in the sense that it deviates from the social norm,
called evil people; that there is no such thing as wicked but normal in relation to his own individual norm: that is, it is
people, only people who are mentally sick; and that such consistent with what is known about his development and
persons would be mad if not bad, crime being an outlet into functioning over time. Here then, the individual is only
which their unsound tendencies are discharged. abnormal by reference to a social norm and such a deviation
cannot be said to constitute a disease, because mere social
These different opinions are associated with different ideas deviation is not evidence of biological disorder. This requires
about responsibility and free will, and the extent to which evidence of injury or deviation from the individual norm. If
some people's personalities do not enable them to refrain there is no evidence of either then one is simply confusing
from anti-social conduct. For those who are concerned that individuality with ill-health: treating as biologically abnormal
the law concerning human liberty should be governed by an undiseased, uninjured, creature living its natural life, so
some moral framework, and not merely be arbitrary and self- that medicines are pesticides.
serving, such concerns merit careful consideration. How then
can one respond to them? It can be said that our conscious The motivation for this social control is transparent. People
thinking and deciding are embodied in the workings of our want to live in a cultivated society, and they cultivate society
brains, and consequently our behaviour is determined by our in much the same way that they cultivate nature in their
thinking and choosing. That, while determinism provides an gardens. This involves eradicating disease in the garden, but
explanation for our choices and actions, it is humans beings, also weeding it and controlling pests, that is containing or
not deterministic rules, that cause events. That the fact that an destroying organisms which are doing nothing more than
individual's personality, as determined by his genes and expressing their natures. There is nothing unique in this, for
previous experiences, dictates the choice he makes does not the same power is claimed over animals and unborn life, and
mean that he has not chosen between alternatives. And whilst most other things that interfere with personal survival or
not everyone has the same capacity to eschew the wrong, fulfilment. But it is why CS Lewis wrote that, 'To be cured
this does not preclude us from judging their actions, because against one's will and cured of states which we may not
whether an action is harmful is not affected by its regard as disease is to be put on a level with those who have
antecedents. In short, our conscious decisions and actions are not yet reached the age of reason or those who never will; to
matters of personal choice: each chooses what suits his be classed with infants, imbeciles and domestic animals. But
personality, not that of others, and must be accountable to to be punished ... because we have deserved it ... is to be
others for that choice. The counterpart of freedom and treated as a human person made in God's image.'
autonomy is accountability for acts freely and autonomously
done.
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2. Whether or not one accepts this, the legal presumption in protected from serious harm; and a jury is satisfied beyond all
favour of liberty means that it is for psychiatrists to establish reasonable doubt that he will commit further serious violence
that a certain manner of thinking or behaving is a form of unless further detained. Those who observe society's laws
mental disorder which is sufficiently severe to justify giving may reasonably expect to be protected from such people, as
them powers of compulsory detention and treatment. This indeed they generally are at present. If the lesser of two evils
cannot be demonstrated. The evidence suggests that present is always to be chosen, this seems to be the lesser of them,
medical interventions have, like liberal prison regimes, the and a reasonable balance of the different legitimate interests.
reformation of the individual as their aim. This is
unacceptable because the proper function of medical science What cannot be justified as a lesser evil is any system which
and practice is to treat individual suffering attributable to permits the preventive detention of non-offenders whose
disease or injury, not to alleviate the suffering of society; and, dangerousness has not been demonstrated. It would be unjust
in the field of mental health, to treat those diseases or injuries to detain them for crimes they have not committed and are
which interfere with the development or expression of an actuarially unlikely to commit. It would be immoral, because
individual's personality, not to reform his personality by the old maxim that 'you shall not do evil that good may come'
reference to some social, or political, norm. is applicable in law as well as in morals. It would be inutile,
because any impact on the rates at which serious offences are
If medical intervention is inappropriate, how tolerant should committed is likely to be marginal. There is little gain in
society be of violence, and of individuals who seem to have a detaining a handful of notionally dangerous civilians each
pronounced, natural, inclination towards violent acts? The year when guilt in criminal proceedings must be proved
view presented here has been that those persons presently beyond all reasonable doubt, because every year we release
dealt with as psychopaths are not mentally disordered, and without penalty thousands of rapists and other violent
that they should be excluded from mental health legislation. offenders. Lastly, it would be unwise. For, when the public
Believing that, there is no contradiction or inhumanity in perceives that they are no safer despite such a reform, rather
holding that they should be imprisoned or detained if their than realise and learn from their folly, they will demand that
offence and forensic history merits that. However, if this basic freedoms be further curtailed and the penalties made
argument is ever accepted by Parliament, it will be necessary more severe. Such demands misunderstand the functions of
to confer on courts alternative powers to deal with violent or the law and its natural limits. It is not within the power of the
sexual offenders, and in particular that group of persons for law, given the venality of the times, to cleanse the Augean
whom hospitalization will no longer be an option. stable. As Montesquieu observed, in 'moderate governments,
the love of one's country, shame, and the fear of blame are
Paradoxically, the problem may best be dealt with in a restraining motives, capable of preventing a multitude of
manner similar to that already used in the criminal courts to crimes. Here, the greatest punishment of a bad action is
try issues of insanity and unfitness to plead. The procedure conviction ... In those states a good legislator is ... more
would be as follows. If an offender who is not mentally ill or attentive to inspire good morals than to inflict penalties.' Only
impaired is convicted before the Crown Court of a sexual or those who know the cost but not the value of our freedoms
violent offence and, in order to protect the public from would embark upon such a journey. Nothing which has great
serious harm, he is imprisoned for a term which exceeds that value is without cost, and the value of anything is what one is
commensurate with the offence, the court may empanel a jury prepared to sacrifice for it. The value attached to trial by
to determine the following issue: whether they are satisfied one's peers is the financial cost of the jury system; the value
beyond all reasonable doubt that the defendant is a person of justice is demonstrated by a willingness to see the guilty
who, if released at the end of the sentence, will commit an go free rather than risk convicting the innocent; and the value
offence involving sexual assault or the infliction of grievous of liberty is demonstrated by stoically bearing the many evils
bodily harm. If the jury are satisfied, the court shall also which liberty permits. If the defence of these freedoms was
make a secure accommodation order, directing that he be worth the sacrifice of millions during two wars then, unless
detained in civilian accommodation after his sentence society has become wholly degraded, it must withstand the
expires, until the Home Secretary or the Lifer's Panel is death of a few during peacetime. Such a scheme has no utility
satisfied that the safety of others no longer requires this. which can justify its innate immorality and the infliction of
such great injustice; and it would be highly imprudent to
Under such a scheme, therefore, a person will only be liable interfere with public liberties in the name of public safety
to indefinite detention if it is established beyond all when the necessity of such a scheme has not been firmly
reasonable doubt that he has committed a violent or sexual established.
offence; a judge is satisfied that the public need to be
ABSTRACT
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