Prevalence of Criminal Thinking among State Prison Inmates with Serious Mental Illness

To examine the prevalence of criminal thinking in mentally disordered offenders, incarcerated male (n = 265) and female (n = 149) offenders completed measures of psychiatric functioning and criminal thinking. Results indicated 92% of the participants were diagnosed with a serious mental illness, and mentally disordered offenders produced criminal thinking scores on the Psychological Inventory of Criminal Thinking Styles (PICTS) and Criminal Sentiments Scale-Modified (CSS-M) similar to that of non-mentally ill offenders. Collectively, results indicated the clinical presentation of mentally disordered offenders is similar to that of psychiatric patients and criminals. Implications are discussed with specific focus on the need for mental health professionals to treat co-occurring issues of mental illness and criminality in correctional mental health treatment programs.     

Dangerous mentally disordered criminals: unresolvable societal fear?

The average person fears dangerous criminals, especially those suffering from mental illness. Existing mental health and criminal justice systems provide social control for some of these dangerous individuals, but may be inadequate to deal with those mentally disordered offenders who were not found not guilty by reason of insanity (NGI). In California, innovative laws have attempted to address this problem. However, putative lack of efficacious treatment of mentally ill criminals, insufficient economic support, and individual liberty concerns loom as limiting factors in solving the criminal and psychiatric recidivism problem posed by non-NGI dangerous mentally disordered offenders.     

从经典判例之行为人处置看强制监护治疗

中国司法精神病学研究人员对野兽条例、妄想标准、不可抗拒冲动检验、M＇Naghten规则等关于精神病人刑事责任能力评定标准的典型案例耳熟能详,但对这些案例中的行为人处置却不甚熟悉。介绍这些行为人的最终处置,并结合国内外监护治疗研究现状,对肇祸精神病人的强制监护治疗制度进行探讨。     

Assessing treatability in mentally disordered offenders

The research literature on the treatability of forensic patients is sparse and fragmented. Employing available studies, we argue for a radical rethinking of treatability within the criminal justice system as a complex predictive task that tests the very limits of clinical competence. Issues that must be addressed in examining treatment needs of mentally disordered offenders include (a) making crosssituational predictions, (b) determining the relationship, if any, between the mental disorder and criminal behavior, and (c) estabilishing the likelihood of treatment compliance, favorable treatment response, and the availability at some future date of recommended interventions.     

The relationship between schemas and offence supportive attitudes in mentally disordered sexual offenders

Abstract

The study of schemas in sexual offenders is a relatively new approach in attempts to understand the deviant beliefs and attitudes of sexual offenders. Emerging findings suggest that offence supportive attitudes may be the product of an offender's underlying schemas. This study aims to establish the relationship between offence supportive attitudes and schemas in a sample of mentally disordered sexual offenders (MDSOs). Thirty-one male sexual offenders held within low through high security forensic mental health units were assessed using the Young Schema Questionnaire - Short Version 3 and the Questionnaire on Attitudes Consistent with Sex Offending. Correlational analyses suggested a pattern of relationships in which Insufficient Self-control, Entitlement and Enmeshment arose as the schemas associated with most offence supportive attitudes. This supports a relationship between schemas and offence supportive attitudes in MDSOs and is consistent with the literature to date. Implications for further research and treatment are considered.     

A Preliminary Report of Psychiatric Diagnoses in a Scottish County Sample of Persons of National Security Concern

Increasing anecdotal, empirical, and research evidence indicates mental disorder history is one of the several factors associated with increased risk of involvement in lone-actor terrorist activities. Currently, few studies have been conducted on the mental disorder histories of individuals assessed as at risk of involvement in terrorist activities (Meloy, J Threat Assess Manag 2019;6:93). This pilot study describes demographic, psychiatric, and criminal characteristics of a sample of Scottish individuals identified by the Prevent element of the U.K. national counterterrorism strategy, and outcome data after follow-up at 2 years. Twenty-three individuals were referred to Prevent as posing a national security risk from a county in Scotland. Their records were studied for psychiatric and criminal histories. Nine (39%) had previous psychiatric contact, all were “lone actors”, and none were embedded with organized terrorist groups. The most common diagnoses were substance use disorder, personality disorder, depression, and psychotic disorder. The sample displayed factors associated with increased risk of violence including previous offending, early behavioral difficulties, school problems, substance misuse, cluster B personality disordered traits. After 2 years, 44% of the mentally disordered group had re-offended. The offense types were generally similar to those prior to the individual being involved with the Prevent counter terrorism program. Only one of the mentally disordered group committed a further national security offense. In this sample, mental disorder history is overrepresented in individuals who come to the attention of the U.K. Prevent counter terrorism strategy. Further empirical studies with additional power are required to develop the empirical evidence base in this under-researched area.     

The relationship between mental illness and violence in a mentally disordered offender sample: evaluating criminogenic and psychopathological predictors

The importance of mental illness as a risk factor for violence has been debated with significant implications for mental health policy and clinical practice. In offender samples, psychopathology tends to be unrelated to recidivism, although some researchers have noted that this relationship may be dependent upon certain moderating factors. In the present, prospective investigation, psychopathology is examined as predictors of recidivism in 121 provincially sentenced (i.e. less than 2 years) mentally disordered offenders. Results indicated that psychopathological predictors were generally poor predictors of recidivism in univariate and multivariate analyses. Consistent with our hypotheses, age of onset of criminal activity was a significant moderating factor on the relationship between mental illness and recidivism, although results were not in the expected direction for certain classes of mental illness. Results are discussed in the context of a social learning model of crime and in terms of the treatment of mentally disordered offenders.     

Characteristics that predict firesetting in male and female mentally disordered offenders

Few studies have adequately explored the characteristics of male and female mentally disordered firesetters and compared these to those of non-firesetting mentally disordered offenders. Furthermore, there is a paucity of research examining the characteristics which can predict repeat firesetting within this population. The current study aimed to examine similarities and differences in the characteristics of (1) male and female mentally disordered firesetters, (2) male and female mentally disordered firesetters compared to non-firesetting offenders, and (3) one-time and repeat firesetters. Furthermore, the ability of these characteristics to predict offence status (i.e. firesetter or non-firesetter) and repeat firesetting was explored. Information was collected from patient hospital records for 77 (43 firesetters, 34 non-firesetters) mentally disordered offenders; including sociodemographic, family and personal background, psychiatric, and offence history factors. The findings suggest that mentally disordered firesetters are similar to their non-firesetting counterparts on key characteristics; however, firesetters are more likely to have an expressed interest in fire/explosives and a diagnosis of a schizophrenic disorder and female firesetters are more likely to have a higher number of firesetting incidents than males. Furthermore, findings suggest that fire interest is the largest predictor of repeat firesetting. Clinical implications in terms of treatment and risk assessment are discussed.     

A profile of mentally disordered offenders admitted to inpatient psychiatric services in the United States

This research note presents data about mentally disordered offenders (MDOs) treated in inpatient psychiatric services. Data are derived from 1980 admission surveys by the Survey and Reports Branch, National Institute of Mental Health (NIMH). These data report for the first time inpatient services provided to MDOs by non-Federal general and private hospitals. A total of 31,773 MDOs were admitted, with 85% going to state and county mental hospitals. The largest group, including admissions for evaluation, was ISTs (58%), followed by mentally disordered prisoners (32%), NGRIs (8%), and MDSOs (3%). Women and whites tended to be overrepresented among MDOs as compared to prison and jail inmates. Clear diagnostic differences by legal status were found, with schizophrenia predominant among NGRIs (81%) and alcohol and drug abuse disorders more frequent among ISTs. Overall, state and county hospitals in both 1967 and 1980 were the primary locus of care for mentally disordered offenders.     

An examination of the role of neuropsychological deficits in mentally disordered sex offenders

Abstract

The present study examines the neuropsychological model of sexual offending proposed by Flor-Henry (1987) in relation to a group of mentally disordered sex offenders and a control group of mentally disordered non-sex offenders. The model predicts that the sex offender group would show specific left fronto-temporal dysfunction as compared with the control group. The results, while in the predicted direction, failed to reach statistical significance. Implications and limitations of the study are discussed.     

The violence relapse process – a qualitative analysis of high-risk situations and risk communication in mentally disordered offenders

Abstract

Approximately 45% of mentally disordered offenders relapse into violence. Although much is known about factors related to the risk of future violence, the violence relapse process is still in many aspects an unexplored area. The aim of this study was to increase the knowledge of the recidivism process and risk communication of the repeatingly violent mentally disordered offender. A qualitative study using open-ended, semi-structured interviews was conducted with 14 mentally disordered offenders who had relapsed into violent behaviour. Important risk markers, pointed out by the informants, such as separations, drug problems, homelessness, and lack of sleep, were presented in a situational context. All but one of the informants were of the opinion that they directly or indirectly had communicated their violent intent or the experience of an intolerable situation. These results may help practitioners to target interventions and prevent further violence.     

Legal narratives as significant news sources about mental illness and violent crime

Media coverage about people affected by mental illness is an area of research that is extensively examined. Many scholars argue that the media depicts people with mental illness as inherently violent and dangerous within sensational narratives. These depictions are criticized for reinforcing the social stigma and disadvantages many of the mentally ill face. The media does, however, require news sources and, in the context of crime and mental illness, the courts are a significant source. Through qualitative content analysis of Australian newspaper articles, this research examines an under-researched and incompletely theorized area. In doing so, it demonstrates that media depictions of some mentally ill offenders reflect and heavily draw upon legal narratives and what is argued in court about these offenders in the context of criminal responsibility and legal insanity.     

精神障碍吸毒者刑事责任能力研究

随着毒品在我国的蔓延,吸毒的人数渐渐增多,精神障碍的吸毒者犯罪也开始引起相关部门的注意,对这一特殊犯罪人群能否比照精神病人来处理意见不统一。笔者介绍了其他诸国的相关法律规定,结合本国国情和相类似的法律规定,阐明了对精神障碍的吸毒者犯罪一般作完全刑事责任能力评定为最优的观点。     

An evaluation of a maximum security therapeutic community for psychopaths and other mentally disordered offenders

Psychopaths present serious problems for the criminal justice system because they are responsible for many serious crimes and appear to be very resistant to treatment. The present study was a retrospective evaluation of the efficacy of a maximum security therapeutic community program in reducing recidivism among mentally disordered offenders, some of whom were psychopaths. The study employed a matched group, quasiexperimental design. The results showed that, compared to no program (in most cases prison), treatment was associated with lower recidivism (especially violent recidivism) for nonpsychopaths and higher violent recidivism for psychopaths. The clinical and research utility of Hare's Psychopathy Checklist was strongly supported.     

Integrating risk,the Good Lives Model and recovery for mentally disordered sexual offenders

Abstract

Personality disordered and mentally disordered sexual offenders (MDSOs) with complex diagnoses such as schizophrenia, developmental disorders and mood disorders face challenges of restoring their mental health, living more safely with personality- and offence-related risks, while addressing concerns about their capacity to reintegrate into society; this has been termed “secure recovery”. This paper reviews the literature on recovery, demonstrating its commonality with the Good Lives Model (GLM) as applied to MDSOs' offending treatment. GLM appears to provide a better fit with the recovery needs of MDSOs than the Risk–Need–Responsivity model because it emphasises approach goals, enhanced responsivity and skills acquisition. Recovery needs to integrate coping with mental disorders with risk management and a healthy, future lifestyle. Both secure recovery and GLM support the need for client–clinician collaboration, promoting self-determination and a shared narrative about coping with enduring risk and the hope of sustained well-being.     

刑事强制医疗客观要件的反思与重构

强制医疗的客观要件包括行为条件和侵害法益条件两方面。通过对司法实践的考察发现:强制医疗的客观要件不仅存在放任精神病人继续实施危害社会行为的风险,而且还存在不规范适用的情况。出现上述问题的根源在于强制医疗的客观要件自身具有不合理性,只有改革强制医疗的客观要件,才能够化解风险、规范司法适用。不限制危害行为和侵害法益是国外强制医疗客观要件的普遍模式。我国应当将"实施的行为的社会危害性已经达到犯罪程度"作为强制医疗的客观要件,同时有必要丰富强制医疗的执行方式,在住院治疗之外,增加门诊治疗。     

隐性双轨制：刑法中保安处分的教义学阐释

我国现行法律中虽无保安处分的概念,但在刑法中已实质性地存在保安处分,其与刑罚共同构成刑法所规定的法律后果,由此形成“隐性双轨制”的格局。对保安处分规范的识别,首先应从与罪责的关系上、目的与功能的差异上明晰刑罚与保安处分的基本界分,进而从法律特征上区分刑罚规范与保安处分规范,最终将现行刑法中的保安处分措施“挖掘”出来。澄清现行刑法中保安处分措施的性质和法律地位,有利于确保这类措施的正当适用,同时也有利于保障个人的基本权利免受不当干涉。     

Arsonists Suffering From Schizophrenia—A Description in Comparison with Other Offenders with a Similar Diagnosis

This study aims to describe the small and distinct subgroup of arsonists diagnosed with schizophrenia, their motives, personal, and crime scene characteristics. While prior research identified significant differences to other criminals, firesetters in general, or mentally disordered offenders, there are no comparisons with other offender patients with schizophrenia so far. In a forensic institution in Switzerland, a group of 30 arsonists with schizophrenia spectrum disorder (SSD) was compared to 340 other offender patients with SSD using retrograde file analysis and multiple adapted Fisher´s exact tests. While symptoms of SSD were most defining of both groups, arsonists with SSD were more often single, unemployed, prescribed psychiatric medication at index offense, had a smaller variety of criminal motives, and acted out of anger or revenge in the context of a relationship. In conclusion, symptoms of SSD may be more defining and useful in guiding clinical practice than aspects specific to arsonists.     

精神发育迟滞患者的犯罪学特征分析

目的探讨司法精神病学鉴定中精神发育迟滞(MR)患者的犯罪学特征。方法采用自编的司法精神病学鉴定案例登记量表,对83例MR患者的犯罪学特征进行分析,并对轻度MR与中重度MR的犯罪学特征进行比较。结果MR涉嫌犯罪者中轻度MR占62.7%,中度MR占22.9%。性犯罪占37.3%,凶杀占34.7%,财产犯罪等占28.0%。犯罪动机明确者占96.1%。有犯罪史者占34.7%。轻度MR与中重度MR两组间作案预谋(χ2=11.9,P=0.001)、作案目标确定(χ2=7.531,P=0.006)、作案动机(χ2=7.920,P=0.019)、作案类型(χ2=7.855,P=0.02)有显著性差异。结论MR涉嫌犯罪者以轻度居多,犯罪类型以性犯罪及凶杀犯罪占比例较大,大多数犯罪动机明确。轻度MR组有作案预谋、作案前确定目标者明显高于中重度MR组。中重度MR作案动机为性满足者明显高于轻度MR。     

Eye movement desensitisation and reprocessing for offence-related trauma in a mentally disordered sexual offender

Abstract

Research demonstrates a high incidence of offence-related trauma in mentally disordered offenders convicted of violent and sexual offences. The adaptive information processing (AIP) model offers a theoretical framework for understanding the hypothesised relationship between offence-related trauma and reoffending. Evidence suggests that for a sub-population of offenders presenting with offence-related trauma: (1) therapy may retraumatise them, and (2) unresolved trauma severely blocks the positive benefits of talking therapies. Thus, it is postulated that traumatised violent and sexual offenders may be released into the community when they are still at risk of reoffending. A single case study is presented, which describes the application of eye movement desensitisation and reprocessing (EMDR) for a sexual offender presenting with offence-related trauma, whose offences occurred in the context of serious mental disorder. The identification of offence-related trauma and subsequent resolution of trauma symptomatology are discussed in regard to effective offender rehabilitation. Furthermore, the idiosyncratic nature of offence-related trauma and the application of the standard EMDR protocol for a single traumatic event are considered.