NCJ Number
86440
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 26 Issue: 2 Dated: (1982) Pages: 157-165
Date Published
1982
Length
9 pages
Annotation
This paper examines issues that derived from efforts to apply the legal and the mental health models to a woman whose deviant behavior was diagnosed as that of a borderline personality.
Abstract
D., a 29 year-old white female, had regularly harassed members of her family even to the extent of threatening to kill them, and charges were brought against her. In her initial appearance before the court, D. was found guilty and given probation for 1 year. As part of her probation, she was required to see a psychiatrist in the court clinic. Although the annoying behavior had moderated somewhat after coming to court, it began to escalate near the latter part of her probation period. D. was later placed on two suspended sentences and strongly warned that further offenses would mean her placement in a corrections facility. When she subsequently called in a false alarm to the fire department and rescue squad for the courthouse, the judge requested that she be examined to determine her competency to stand trial and her criminal responsibility. Although the psychiatrist advised that she was both competent to stand trial and criminally responsible for her behavior, the judge sent her for 10 days observation as an inpatient in the community mental health center so as to determine her competency and responsibility. The hospital recommended that she be required to accept the legal consequences of her behavior (confinement in a corrections facility) and receive psychiatric treatment there. The judge ultimately ordered D. to continue psychiatric treatment with the court clinic psychiatrist and warned her that should her threatening behavior continue, he would commit her to an institution. Interestingly, the legal representative preferred the application of the mental health model, while the mental health representatives preferred the application of the legal model. Each system might simply have been trying to rid itself of a borderline case in times of cutbacks.