Care or Custody? Mentally Disordered Offenders in the Criminal Justice System

• NCJ Number: 182404
• Author(s): Judith M. Laing
• Date Published: 1999
• Length: 375 pages
• Sale Source: Oxford University Press, Inc
• Publication Format: Book (Hardbound)
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

In recent years, there has been growing concern and controversy surrounding the care and treatment of mentally disordered offenders and a series of legislative and policy developments during the past decade that have led to changes in the way in which mentally disordered offenders are treated.

Abstract

The changes of the past decade have focused primarily on the provision of timely therapeutic intervention and diversion from the criminal justice system. In considering issues associated with the treatment of mentally ill offenders, the author identifies and explores some of the difficulties that occur when mentally disordered offenders come into contact with the criminal justice system. She recognizes that the law in this area is complex and attempts to help professionals involved with mentally ill offenders gain a better understanding of both law and policy. The author also analyzes certain theoretical issues and concerns surrounding the detention and treatment of mentally disordered offenders. In addition, the author considers how mentally disordered offenders are problematic as they fall between the realm of differing disciplines, principally the law and psychiatry, and whether the emphasis should be on their mental illness and providing timely and appropriate care and treatment or whether they should be treated primarily as offenders and made subject to the normal operation of criminal law. She concludes that mentally disordered offenders need special care and treatment and appropriate access to health and social services. Book chapters cover the role of psychiatry in the treatment of mental disorders, the historical context of mentally disordered offenders and their treatment, diversion under the Mental Health Act of 1983, the development of diversion policies for mentally disordered offenders, and a case study of diversion. Additional information on diversion and psychiatric assessment of mentally disordered offenders is appended. References, footnotes, tables, and figures