Psychiatric Criminals

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1 SUBJECT Paper No. and Title Module No. and Title Module Tag PAPER No.15: Forensic Psychology MODULE No.20: Human Rights and Legal Trials in case of FSC_P15_M20

2 TABLE OF CONTENTS 1. Learning Outcomes 2. Introduction 3. Fitness to Stand Trials 4. Insanity 5. The McNaughten Rule 6. Summary

3 1. Learning Outcomes After studying this module, you shall be able to know about- Fitness to stand trial Insanity The McNaughten Rule 2. Introduction In India people suffering from any disability or mental illness do not get proper attention from the justice authorities of our country. It is necessary for our judicial system to see to it that mentally ill people who show mental disabilities are enjoying their human rights and fundamental freedoms on equally with other people of the country. When it comes to human rights mentally ill people have the same rights and freedoms that a normal person has which are stated in various articles of the Constitution of India. To protect the rights and self-respect of a mentally ill person the Mental Health Act, 1987 was brought into existence. This act ensures that mentally ill people are given effective and proper treatment. It also safeguards that the mentally ill people face no kind of discrimination; it ensures they are given proper and good health care services; it protects their civil and socio-economic rights. Also their fundamental rights like right to education, employment, and security and buy property. The Indian Lunacy Act, 1912 was first governing the mental health legislation in India. It was then considered ineffective and inappropriate hence a bill called the Mental Health Bill was drafted in 1950 after which it was finally implemented as an act in 1987.

4 3. Fitness to Stand Trials Fitness to stand trial is, assessment of the mental abilities of individual to defend their case. It is also called as competency to stand trial (American Psychiatric Association). According to Council of American Academy of Psychiatry and the law2007, Fitness to stand trial is a legal term that usually mentions to a criminal defendant s capability to participate in legal proceedings. People found psychiatrically incompetent or unskilled for trial are generally sent for treatment and are treated to regain their competence. Fitness for interrogation is the ability to understand the sense of questions asked during police investigation and in court, and to answer such question meaningfully Question of competency in the legal system can be raised up at any time throughout the proceedings of the criminal process. Such questions can be raised by the prosecution, the defense, or the judge. In addition, a number of several different competency issues may be raised including competency to plead guilty, competency to confess, competency to refuse the insanity defense, competency to abandon the right to an attorney, competency to testify, and competency to be sentenced and executed. Stone (1975) mentioned competency to stand trial as the most important mental health inquiry followed in the system of criminal law. The legal definition of competency to stand trial was put forth by the Supreme Court in Dusky v. US, The Dusky standard required the individual to have, sufficient present capacity to consult with a lawyer with a reasonable degree of rational understanding and rational as well as accurate understanding of general proceedings. Competency to stand trial must be differentiated from the standard of insanity. Competency states only to a defendant s preset ability to function. For example, an individual may have been legally insane at the time he or she had committed the crime, but is perfectly competent to stand trial and be sentenced. Likewise, an individual who was legally sane during the commission of a crime may not be competent several months later when he or she faces criminal trial.

5 8. In India, there are many instances in which fitness to stand trial has delayed the proceedings for decades. Various reasons have been credited for the delay, such as, ignorance, non-availability of the psychotropic medicines and family members not wanting the person with mental competency to fight case Assessment of fitness to stand trial 12. Fit to stand trial 13. Unfit to stand trial Reasons for unfitness to stand trial 20. Malingering Mental illness Mental retardation Neurological conditions

6 4. Insanity The insanity defense has been a topic of long debate within psychology, the legal system, and society in general. Pleading not guilty due to mental condition is referred as an insanity defense. Insanity is a legal term, though not a psychiatric term, and so it doesn t infer anything about the nature of the underlying disorder. Just about any major psychiatric disorder a psychotic disorder (e.g., schizophrenia), a mood disorder (e.g., major depression), anxiety disorder (e.g., PTSD), or a dissociative disorder (e.g., DID) could be used as the foundation for an insanity defense. While society and the law have historically been motivated to treat mentally ill offenders rather than punishing them, there are nevertheless an excess of arguments that encourage a modification in legal system s present philosophy towards insanity and crime, such strong resistance to the defense of insanity is created upon several notable cases in which society s perception was that, justice was not served. Such type of defense appeal should be modified by other alternatives rather than eliminating it, one such alternate solution was established in 1970s and is referred to as guilty but mentally ill (GBMI). In years past, drunk drivers who were responsible for vehicle crashes used to argue that they were not responsible for their behavior because they were influenced by alcohol. But eventually the legal system saw through the foolishness of this argument. If a person drinks willingly, and gets into a car willingly, then the resulting crash is not an accident, but it is the final incident in a long string of intentional behaviors that the person chose to perform. Therefore, similar as under the influence of alcohol excuse was misused in the past, the insanity defense is often misused today as a way to waive out of personal responsibility for one s own behavior. In its most generous purpose, the insanity defense should simply be a standard to identify when a person s judgment is weakened by psychological factors past his or her personal intention. In such a case, the convicted person can be directed to mandatory mental health treatment, rather than to a prison.

7 4.1 The purpose of the insanity defense It must to be noted that insanity does not refer to mental illness alone. It is a common misunderstanding that insane equated to mentally or psychotic or crazy. Insanity is a specific legal term which is not used in psychological literature. Historically, society tends to hold criminal liable for their actions. That is, we regard their crimes as been committed by rational persons who made a free choice regarding their actions. Naturally, society finds justice in punishing such offender. In instances where persons have committed crimes without being aware of what they are doing, society often believes that these persons need not to be held responsible for their actions and, in some cases, need compassion. Thus, the principal attitude has been that such persons are in need of a specific treatment rather than punishment. If one is incapable to make rational actions or decision about one s actions, punishment is unlikely to influence one, not to involve in similar behavior. In light of the questionable price of punishing the mentally ill, rehabilitation through hospitalization and psycho-medical treatment is generally considered to be in the better interest of the individual and society. 5. The McNaughten Rule On January 20, 1843, Daniel McNaughten shot and killed Edward Drummond, the private secretary of the Prime Minister (Sir Robert Peel). McNaughton was declared not guilty by reason of insanity and spent 20 years in a mental asylum until his death in People sometimes get bothered with our criminal court system when a person is charged with a horrific crime arrives to a plea of not guilty by reason of insanity. There seems to be a common belief that this is a legal escape that often allows guilty people to escape charge for their crimes. Minnesota, like most states, largely shows what have become known as The McNaughton Rules. These rules were developed in England after Daniel McNaughton was declared not guilty of murder by reason of insanity in Public uproar over the case encouraged creation of the rules to clarify and to restrict the future use of such defense mechanisms. Had the rules been in place at his trial, McNaughton would have been found guilty of the crimes committed by him.

8 Under the McNaughton Rules, defendants are supposed to be sane and will not be exempted from criminal obligation except upon the proof that at the time of committing the alleged crime they were experiencing from a defect of reason, due to a mental illness or defect, so as not to know the nature of the criminal act, or that it was wrong. A hypothetical example will help to illustrates this- A man is charged with murder for shooting a person in the head. Because of a serious mental illness or defect, the man did not know that he was shooting that person in the head. Instead, because of his inaccurate view of reality, he truly believed that he was target shooting at a watermelon. In this example, the man sensibly understood that he was shooting a gun at a specific target. However, he could not understand that the nature of the act was criminal because shooting watermelons is not illegal. Similarly, as the term "wrong" under the McNaughton Rules mentions to a general ethical sense of right and wrong, the man's conduct would also be exempted because there is nothing naturally immoral in target shooting at watermelons. Naturally, the law does not simply take a person's word for a claim of a McNaughton defense. Experts, typically psychiatrists, are appointed to provide ideas to the court as to the person s mental state. These opinions or ideas are based on a thorough review of all of the defendant s medical and mental health records and upon indepth mental examinations of the defendant by the experts. Minnesota, like most jurisdictions, further needs defendants to prove the defense. Minnesota requires proof by the greater weight of the evidence. Some states, and Federal law, mandate proof by clear and substantial evidence - a higher standard. It is very rare for defendants to avoid criminal prosecution by raising a McNaughton defense. Additionally, even in the cases where the defense is successful, defendants do not go free. Instead, in Minnesota, the courts are required to command the person held for civil commitment proceedings as being mentally ill and dangerous. This means that while they will not be sent to prison for their crime, they will likely be held, perhaps for the rest of their life, in a locked mental institution.

9 6. Summary In India people suffering from any disability or mental illness do not get proper attention from the justice authorities of our country. It is necessary for our judicial system to see to it that mentally ill people who show mental disabilities are enjoying their human rights and fundamental freedoms on equally with other people of the country. To protect the rights and self-respect of a mentally ill person the Mental Health Act, 1987 was brought into existence. The Indian Lunacy Act, 1912 was first governing the mental health legislation in India. Fitness to stand trial is, assessment of the mental abilities of individual to defend their case. It is also called as competency to stand trial. In India, there are many instances in which fitness to stand trial has delayed the proceedings for decades. Insanity is a legal term, though not a psychiatric term, and so it doesn t infer anything about the nature of the underlying disorder. Insanity does not refer to mental illness alone. It is a common misunderstanding that insane equated to mentally or psychotic or crazy. There seems to be a common belief that is a legal escape that often allows guilty people to escape charge for their crimes because of the fact that the criminal was unaware that he was performing a crime at the time of crime. Minnesota, like most states, largely shows what have become known as The McNaughton Rules.

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