Psychiatric Injury Law Commission Report

The conclusion had is there is no one solution for all of these individual cases however the author does state “The goal is to reach a balance between the rights of the patient to treatment and the responsibility to ensure public safety. The balance between patients’ rights, the right to treatment, and public safety is taken into account with the “treatment years” approach.” (Melamed). This balance between punishment and treatment will largely depend on the severity of the crime committed, and differ from case to case. The term “treatment years” refers to the duration of time spent with medical personnel helping subdue the condition expressed by the patient before they are deemed ready to be a part of society once more. The implication of juries that are more informed on the topics of mental health and are able to view that in the context of sentencing could also benefit a suitable and more understanding sentencing of jail and treatment time. The context of murder with punishment and treatment is more difficult to find a balance with than other less severe crimes. The perpetrator has shown the ability to commit the worst crime imaginable and has demonstrated their danger to society and capability to damage lives. With this taken into account punishment for the perpetrator needs to be

“Everyone has an important role to play in achieving healthcare rights and contributing to safe, high quality care. Genuine partnerships between those families and carers of people receiving care and those providing it lead to the best possible outcomes.” (Western NSW Local Health District 2012).

They had gotten to be too extensive, cumbersome and the framework had opened itself up to manhandle. In 1961 the Minister of Health, Enoch Powell was welcome to talk at the AGM of the National Association for Mental Health. In his discourse he reported that it the administration of the day proposed to "the disposal of by a long shot most of the nation's mental clinics." in the meantime, territorial loads up were requested that "guarantee that no more cash than should be expected is spent on redesigning and reconditioning". This declaration had paralyzed the therapeutic callings, as there had been no sign that the legislature was going to travel in this heading; just a modest bunch of trial group care programs existed around the nation. It would

This problem question is about claiming for damages due to psychiatric harm. It involves questions regarding primary victims, secondary victims, and special duties problems.

Trauma, a severely distressing or disturbing experience, can lead to Posttraumatic Stress Disorder (PTSD), which is a type of anxiety disorder that results from experiencing extremely emotional trauma or situation in which the individual felt at risk of injury or death. According to Putts (2014), both trauma and PTSD are going unrecognized in clients experiencing psychotic disorders such as schizophrenia, bipolar disorder, and major depressive disorders although a majority of clients diagnosed with psychotic disorders experience symptoms that meet the criteria for PTSD (p. 83). Putts (2014) believes the phenomenon could be a result of the challenge a clients in a psychotic state presents

Mental health courts are a resource given to prisoners who would normally be put in prison if they had not decided to join this special program. Mental health court is a court run program by the district attorney’s office in some counties. This program is based off of traditional court room structure but is also paired with community services. Mental health courts solve a lot of different problems within our criminal justice system. The first problem it solves is the

Mental health courts sentence mentally ill convicted offenders to long-term treatment programs rather than incarcerating them in prisons. The programs provide mental health assessments and personalized treatment plans for offenders. (Center for Court Innovation, 2013) In 1997, the first mental health court was established. (California Courts, 2014) There are now over 300 mental health courts in the U.S (Justice Center, 2014)

When it comes to forensic mental health service provision, one of the most essential elements to understand from a legal perspective is what is actually allowable by law in terms of involuntary care provision (Guide, 2000; Mental Health Act, 2000). While social workers

Evaluation and treatment of the mentally ill population has developed from confinement of the mad during colonial times, into the biomedical balancing of neurological impairment seen in these modern times. There were eras of mental health reform, medicalization, and deinstitutionalization sandwiched in between (Nies & McEwen, 2011). Regardless of the stage of understanding and development, communities have not been completely successful in dealing with and treating persons who are mentally unwell. Fortunately, treatment has become more compassionate; social and professional attitudes have morphed into more humanistic and

It has long been acknowledged that an offender who as a result to mental disorder, is incapable of understanding the nature and quality of a criminal act, or of recognizing that it was wrong, should not be convicted. Bill C-54 the Not Criminally Responsible Reform Act deals with the accused who has been found Criminally Responsible because of mental disorder. Not Criminally Responsible (NCR) is defined in Section 16 of the Canadian Criminal Code, stating that if someone is deemed NCR he or she cannot be held accountable for the offence they’ve committed, merely if at that time they were suffering through a mental disorder. The Bill will enact three main factors which will affect the mental disorder regime

The use of mental health courts has been growing in the U.S., which has led to the discussion about how the mental health courts further promote medicalization of deviance; this is true. As outlined by Tammy Seltzer (2005), mental health courts have only been successful due to failures in the

Mental health courts change the criminal justice system. In addition to probation, jail, prison, and other forms of rehabilitation, a mental health court introduces a new option as “punishment”. Psychiatric treatment. But mental health courts also change the system in other ways, by criminalizing non-criminal behaviours. But the mental health courts that exist so far, with very few exceptions, accept only people charged with nonviolent low-level offenses. While these courts help some people get services, they do nothing to help the mentally ill facing prison or lengthy jail sentences, and they do not reduce the criminalization of mental illness. If mental health courts increase the punishment of minor offenses, as some undoubtedly do, their

Many times women and men participate in actions that are against the law. These people are sent to prison or sent to behavioral centers in order to serve their time for the crime committed. There are mental health case courts or regular courts that get to decide where the defendant will be placed for committing a crime. After watching videos on mental health courts, I will discuss what happened, how I felt about it, and what I learned from the videos.

Before PTSD became an official diagnosis, various other traumatic stress syndromes such as dissociative flashbacks and survivor guilt were used as criminal defenses for both violent/nonviolent crimes as well as a basis for successful insanity defenses. Initially PTSD raised concerns about its potential misuse in criminal courts, however, there were certain incidences where PTSD was found to be a legitimate phenomenon. Case in point, New Jersey v Cocuzza. In this case, the defendant was a Vietnam veteran who was found not guilty for reason of insanity when he assaulted a police officer. Mr. Cocuzza’s defense was that at the time of the incident, he believed that he was attacking enemy soldiers. His claims were supported by the officer when he

The National Alliance of Mental Illness (NAMI, 2015) estimates 1 in 5- 48.8- million adults in the United States are diagnosed with a mental illness each year. Amongst adolescents and children, it is estimated 1 in 5 youth ages 13-18-(21.4%) have, or will have a serious mental illness every year (NAMI, 2015). For children ages 8-15 the prevalence of experiencing a serious mental illness at one point in their life is 13% (NAMI, 2015). Although, children and adolescents are most commonly diagnosed with mood, conduct and anxiety disorders, there are those who occasionally experience psychotic disorders such as early onset schizophrenia.