Perceived criteria used by criminal justice and mental health professionals to predict dangerous behavior of mentally ill persons

A group of 163 Colorado mental health and criminal justice professionals were asked to rate the effectiveness of a set of predictors of violent behavior for mentally ill persons. Violent behavior and the characteristics of the offense were rated highest, followed by mental health and social factors respectively. Little variation existed between mental health and criminal justice groups with respect to which predictors were perceived as important. The rankings of the dangerous behavior predictors by criminal justice and mental health workers were highly correlated, suggesting agreement between the groups. A moderate correlation was found for the rankings of mental illness predictors. These factors were similar to those identified in previous research. Both groups perceived their predictors to be accurate.     

Guilty but mentally ill: the South Carolina experience

Thirty of the first 45 individuals to receive guilty but mentally ill (GBMI) verdicts in South Carolina were interviewed using a structured interview schedule for diagnosis. The relationship of diagnosis to pretrial evaluation and posttrial conviction treatment are discussed. No person received GBMI in a jury trial. Suggestions to improve the operation of the GBMI verdict are made, as well as a brief review of these data with data from other states.     

Improving justice and mental health systems interactions

Over the last three decades, theorists and practitioners in the field of mental health law have adhered to adoctrinal analysis paradigm characterized by an emphasis on legal doctrine, rational analysis of self-evident, albeit abstract legal principles, and law reform. Acknowledging that the paradigm has been highly successful in facilitating major reform of mental health law, the thesis of this article is that its value for understanding and improving justice and mental health systems interactions is largely exhausted. It urges a “paradigm shift” to an approach that emphasizes the interrelated steps, tasks, and processes in the interactions of the justice and mental healthsystems. It suggests several directions where such a shift might lead: (a) inquiry focused on such organizational components of justice and mental health interactions as court clinics; (b) the development of a meaningful statistical portrait of the number and composition of cases that impact both the justice and mental health systems; (c) a better understanding of the missions, goals, objectives, and administrative structures of the components in the justice and mental health systems interactions; (d) a greater emphasis on the work of trial courts, as opposed to appeals courts; and (e) the development of a new information architecture for the field of mental health law.     

Measuring the effects of the guilty but mentally Ill (GBMI) verdict

We studied effects of guilty but mentally ill (GBMI) legislation on use of the insanity defense in Georgia using data on all defendants entering an insanity plea before (1976–1981) and after (1982–1985) the introduction of the GBMI verdict. In contrast to earlier studies, our results indicated that GBMI did decrease the likelihood of an insanity verdict and affected the composition of those found not guilty by reason of insanity. Defendants pleading insanity and found GBMI were typically white males with a serious mental disorder, charged with murder or robbery in which an unrelated female victim was involved. The data also indicated that defendants who pleaded insanity and were found GBMI received harsher sentences than their guilty counterparts. We conclude that the GBMI verdict will make the insanity plea a less appealing option for mentally ill defendants.     

Guilty but mentally ill: Reform of the insanity defense in Illinois

In 1981 Illinois joined several other states by passing a “guilty but mentally ill” statute. Passed as a response to perceived inadequacies in the existing insanity defense, the statute was intended to protect society better, to provide treatment for offenders, and to compel the offender to assume greater responsibility for his or her criminal acts. This study, based on court data and responses to a survey of state prosectors, suggests that the statute has not been successful in reaching its major objectives. GBMI offenders often may be placed on probation, infrequently receive treatment when institutionalized, and may use the plea to absolve themselves of responsibility for their acts.     

Toward undergraduate education in the interface of mental health and criminal justice

The relationship between the mental health and criminal justice systems is a controversial one and of growing importance. Formal education in the interface of mental health and criminal justice is a prerequisite to progress in this area. While some educational opportunities are currently available on the graduate and post-graduate levels, there appears to be no reason for this restriction. The present paper describes an undergraduate course on the interface of mental health and criminal justice, and analyzes its contribution to the field in terms of priming future graduate and law students for specializing in this area.     

Toward an agenda for reform of justice and mental health systems interactions

This article presents an agenda for reform of the justice and mental health systems interactions, which includes policy, management, and research strategies related to the systemic and interorganizational issues facing the two systems. The strategies are divided into six major categories: (a) base decisions, procedures, and policies on empirical data; (b) improve communications between system; (c) ensure dignity and respect are afforded all individuals involved in both systems; (d) ensure the availability and delivery of mental health services and treatment prorams; (e) inform others about issues related to the intereactions of the justice and mental health systems; and (f) periodically review and reformulate policies, management strategies, and research efforts for improving systems interactions. The article also presents a summary of the problems and possible goals associated with mental health and justice systems interactions. The summaries as well as the agenda are based on the results of a symposiuum attended by practitioners and scholars in the justice and mental health fields.     

Procedural justice in mental health court: an investigation of the relation of perception of procedural justice to non-adherence and termination

Mental health courts (MHCs) operate on the principles of procedural justice (PJ). PJ highlights the importance of process over outcomes in encounters with authority. Subjective perceptions of having voice, being heard by decision-makers, and being treated with respect and concern by figures of authority are influential in assessment of fairness and in cooperation with decisions, regardless of favorability of the outcome. In this paper, we investigate MHC participant perception of PJ in interactions with MHC staff and the association between perceptions and recidivism (i.e. time in jail, new arrests, and probation violations), treatment adherence, and MHC termination. Participants from two MHC programs (n?=?80) took part in this study. Results suggest that perception of PJ during interactions with the entire MHC team is significantly associated with program termination, but not with participant behaviors during MHC. Implications for MHC practitioners and researchers are discussed.     

Homelessness and the mentally ill offender.

This paper presents the results of a retrospective analysis of the discharge summaries of 69 mentally ill offenders. The subjects were patients in a New York State Psychiatric Hospital for a two-year period between January 1988 and December 1989 who were referred by the courts under New York State Criminal Procedure Law (CPL). The subjects were further compared as to homelessness at the time of the instant offense to study the association of this variable and criminal behavior among the mentally ill. Statistical analyses demonstrated significant relationships between variables of homelessness, prior offense history, and substance abuse.     

Diversion in youth justice: a pilot study of effects on self-reported mental health problems

As part of a larger study to evaluate the effects of a Liaison and Diversion scheme in community youth justice services, staff of newly established Youth Justice Liaison and Diversion (YJLD) teams undertook observational ratings and administered self-report mental health and risk measures to young people referred to this pathway. The overall objectives of the YJLD project were to divert young people from the criminal justice system and to coordinate other services in order to reduce their likelihood of reoffending and the extent of their mental health problems. Data were collected from five local authority areas in different parts of England. Young people thereby referred had an average of 5.4 h of contact with youth justice staff. For a sample of young people on whom data were available at the beginning and end of that process, there was evidence of a significant reduction in problems and a small but significant correlation between the amount of individual contact time with YJLD staff and the extent of change observed. Absence of a comparison sample limits the drawing of firm conclusions; however, recommendations are made for future controlled experimental studies.     

Integrating the American criminal justice and mental health service systems to focus on victimization

Although most research and policy in the mental health and criminal justice arenas have operated independently of one another, there is a growing consensus suggesting the need for an integration of these two disparate, yet complementary systems. Furthermore, in light of the adverse mental health consequences that often accompany victimization experiences, it is apparent that these two systems should develop and foster overlapping services for crime victims. The research reviewed herein provides an examination of issues such as these, identifies some of the barriers that stand in the way of a successful integration of the two systems, and attempts to provide some guidance and direction for future integrated mental health and criminal justice system approaches. An outline of research gaps and directions for future study are offered for the integration of criminal justice and mental health systems, as such collaborations are likely to alleviate some of the deleterious mental health outcomes evident among crime victims and at the same time reduce the occurrence of repeat victimization.