NCJ Number
68908
Journal
International Journal of Law and Psychiatry Volume: 1 Dated: (1978) Pages: 205-221
Date Published
1978
Length
17 pages
Annotation
RECENT CANADIAN, BRITISH, GERMAN, AND AMERICAN LITERATURE ON MENTALLY ABNORMAL OFFENDERS AND SOCIAL POLICY IS REVIEWED, FOCUSING ON ISSUES OF DETECTION AND THE TREATMENT AND MANAGEMENT OF DANGEROUS INDIVIDUALS.
Abstract
TO FORMULATE POLICY CONCERNING THE DANGEROUS INDIVIDUAL, DISTINCTIONS BETWEEN PSYCHOPATHOLOGY AND SOCIOPATHY CAN BE REGARDED AS A DISEASE OR A DEFECT OF SOCIALIZATION. EACH DIAGNOSIS REQUIRES A UNIQUE MANAGEMENT RESPONSE (I.E., HOSPITALIZATION OR IMPRISONMENT). SOCIETY'S TENDENCY TO ASCRIBE MENTAL ILLNESS TO INDIVIDUALS WHO ENGAGE IN AGGRESSIVE AND DESTRUCTIVE BEHAVIOR MAY ACCOUNT FOR THE INCIDENCE OF CRIMINALITY AMONG HOSPITALIZED MENTAL PATIENTS. HOWEVER, A 1975 NEW YORK STATE STUDY SHOWED THAT THE ARREST RATE FOR DISCHARGED PATIENTS WITH PERSONALITY DISORDERS WAS 98.5 PER 1,000, COMPARED TO 32.51 PER 1,000 FOR THE GENERAL POPULATION. A GERMAN STUDY REPORTED THAT IN VIOLENT CRIMES COMMITTED BY THE MENTALLY ILL, MORE THAN HALF OF THE VICTIMS WERE SPOUSES, LOVERS, CHILDREN, OR PARENTS; FOR DEPRESSED PATIENTS 100 PERCENT OF THE VICTIMS WERE CLOSE RELATIVES. A NEW YORK CITY STUDY REVEALED THE SPECIAL VULNERABILITY OF DISCHARGED MENTAL PATIENTS WHOSE DEATH RATE OF 24.9 PER 1,000 COMPARED TO 11.2 IN THE GENERAL POPULATION. SUCH STUDIES TEND TO REFUTE AN ARGUMENT, TRADITIONAL TO SOME PSYCHIATRIC ORIENTATIONS, THAT THE PSYCHIATRIC PATIENT IS LESS LIKELY TO COMMIT OFFENSES RESULTING IN SERIOUS LASTING PHYSICAL OR PSYCHOLOGICAL HARM. TO PROTECT BOTH THE INDIVIDUAL AND SOCIETY, A MANDATORY AND COMPREHENSIVE POSTDISCHARGE PROGRAM SHOULD BE ESTABLISHED. OTHER ISSUES TO BE CONSIDERED INCLUDE THE ESTABLISHMENT OF ACCEPTABLE LEVELS OF FALSE POSITIVES FOR SCREENING PROCEDURES WHICH MAY IDENTIFY POTENTIALLY DANGEROUS PERSONS, AND THE IMPLEMENTATION OF GUIDELINES FOR APPLYING PROTECTIVE MEASURES AGAINST THE DANGEROUS OFFENDER. OVER 50 FOOTNOTES ARE INCLUDED.