Introduction
Forensic psychiatry represents the specific area of identification, discussion and guidance regarding issues that encompass the interconnection between both the legal and medical worlds. (1) It is a subspecialty of general psychiatry which obtained full recognition as a specialty in its own right in the 1970s. (2, 3, 4) It aimed at addressing the pragmatic problems that involved dealing with individuals who committed offences. (5)
This paper aims at reviewing the historical landmarks about the evolution of forensic psychiatry, its practice in various countries and finally its impact on the future of mental health.
History: The Sefeloge Case
The history of forensic psychiatry appears to have been significantly influenced by the framework of two professions, medicine and law. With the increasing power of the legal and medical professions, people gradually developed a quest for greater public esteem in society. (6) One of the major landmarks in the development of forensic psychiatry is the assassination attempt of a mentally ill Sergeant named Maximillian Joseph Sefeloge on the Prussian King Friedrich Wilhelm IV in the 1850s. (7) The case of Sefeloge was one of the first whereby medico-historical examination was sought because the motive of the act was unclear to the authorities. A forensic scientist and three well-known psychiatrists were summoned to carry out this forensic examination. These forensic experts proved to be particularly competent because of their common experience in dealing with psychiatric patients. This radically unique case from nineteenth century Germany showed that the statement of a psychiatrist could be accepted in courts as an expert witness in order to evaluate crimes pertaining to unclear mental conditions and from there the evolution of this specialty could proceed without hindrance. (6,7)
Forensic Psychiatry in Different Countries
During the past few years, forensic psychiatry as a subspecialty has been recognized and accepted in many countries namely US, UK, Canada, Israel, Australia, Sweden, Netherlands and New Zealand. (9, 10) However, forensic psychiatry is yet to be recognized in many countries of Africa and Asia, where there is an acute shortage of human resource. (11) Moreover, most professionals who are involved in the field of forensic psychiatry has not received the proper training before practicing in this area. Besides, it is to be noted that only a limited amount of information is available on the status of forensic psychiatry in African nations which makes it considerably difficult to establish a uniform judgment. (12) Most states in Africa have roughly one psychiatrist per one million inhabitants and in South Africa the number of psychiatrists has remained virtually stagnant for the last 30 years. (13)
Forensic Psychiatry appears to be different from one country to another due to different historical, developmental, legal and mental health systems. (14) However, there are some commonalities shared across countries; the need to ensure the treatment of seriously mentally ill patients who become delinquent and the opportunity use forensic psychiatry as evidence in court. Forensic psychiatrists in different countries work to prevent relapse of mentally disordered offenders. It has developed special knowledge and skills that pertain especially to violence and sexual deviance. (9)
Forensic Psychiatry in Sweden
In Sweden, the number of mentally disordered patients is increasing steadily. According to recent studies, a disproportionally large number of former psychiatric inpatients appear in the judicial system because of criminal charges (15,16,17). Further evidence showing that there is a nexus between violence, crime and mental illness has been presented during the last decade. Out of the 15,000 individuals who are convicted of a crime each year in Sweden, 3.5% undergo a forensic psychiatric examination. (18) Individuals in this particular group may require treatment and support services to a significantly larger extent compared to the general population. (10)
Forensic Psychiatry in Netherlands
Forensic Psychiatry is considered very important in Netherlands, with many patients treated in special forensic mental health institutes. Treatment is provided to offenders who at the time of the crime had a psychiatric disturbance such as psychosis and addiction before they are released. (19) These offenders are treated in psychiatric hospitals that are removed from the community. Patients are put into jails, but within the institution there is a psychiatric, not a prison’s culture. (19)
Art therapies are often an integrated part of multidisciplinary treatment in most psychiatric institutions. (20, 21) About 10% of art therapists work in forensic institutions. In forensic psychiatry, art therapists from a range of different professions including drama, music, art and dance-movement collaborate in teams to participate in the overall treatment plan. (22, 23, 24) Treatment in a forensic institution consists of an integrated program involve several professionals namely psychiatrists, psychologists and art therapists.
In the last decade, the art therapies tried to affect the personality of these patients by modifying the way the patient feels, thinks, acts in concrete situations. The therapies become more “re-educative”, which means that the patient is trained to change specific cognitions, feelings and behaviors related to one problem area. This makes art therapies valuable components in the treatment of forensic patients. An important core reason for the use of art therapies in forensic psychiatry is their orientation to action. The experiential and active nature of the art therapies enable regulation of tension, impulse control, regulation of aggression planning and structuring of behavior and the development of interactive competencies. (19)
A reduction of 29% in disciplinary measures in a prison as a result of 13 months of art therapies noted in 1998 and the amount of transgressions requiring disciplinary measures as a result of art therapy decreased by 75–81%. (25,26) Two years after patients were dismissed, 69% of the persons who took part in art therapy did not re-offend compared to the control group without art therapy, in which 42% did not re-offend. (27)
Forensic Psychiatry in Singapore
Singapore is a multiethnic, modern country equipped with state of the art mental health care facilities. It has a large number of mental health professionals for the population as compared to most Asian countries and its crime rate is significantly low in comparison to most Western countries. In Singapore, studies reveal that the number of foreigners who committed homicide was significantly higher compared to the proportion of permanent residents. (29) These foreigners who committed homicide seem to suffer from serious mental illness like mood and psychotic disorders. Hence, psychiatrists recommend strongly that newly appointed employees be offered courses on psychiatric services and work stress reduction programs. (28)
Forensic Psychiatry in New Zealand
New Zealand consists of only 3 million inhabitants and the native New Zealanders are the Maori. Research shows that in New Zealand mentally ill offenders of serious crimes are securely detained for long periods, 6 years for those charged with murder. (30) Even if most patients were re-admitted to the hospital, only 6% had violently re-offended within 2 years of release from prisons. The authors found that re-offending seemed to take place soon after discharge and the Maori ethnicity was associated with violent re-conviction. The New Zealand forensic psychiatric service offers a full package of assertive community treatment programs, reinforced by cultural engagement, integration into the community and familial engagement. (31) Furthermore, in New Zealand innovative, culturally sensitive rehabilitation schemes are helping the Maori patients and these can be used as models for other countries. (28)
Forensic Psychiatry in Australia
A study carried out by Brett and Blumberg described the use of video-conferencing in facilitating the provision of specialized forensic services to courts in remote areas of Australia. (32) The effective use of video-conferencing in forensic psychiatric work allows large sums of money to be saved. Teleconferencing facility costs (Aus) $ 50 per hour compared to the extensive cost of flying patients or transporting them by road using custodial services. Besides, access to care in Australia has been appropriately handled with telemedicine and telepsychiatry. (33)
Forensic Psychiatry in Japan
An article published by Weisstub and Carvey revealed that the new forensic mental health laws adopted in 2003 and put into practice in 2005 addressed a lot of issues concerning reforms in the mental health sector. (34) These included issues concerning the refusal of medical treatment, supervision of mentally ill people who are prone to cause harm and the need to cement the relationships between forensic reforms and other related systems. The new law has been grafted to the existing laws on involuntary commitment, long term care for the aged, substituted decision making and a better system of care for serious offenders. Furthermore, the authors of the study urged a form of diversionary system so that mentally disordered persons who commit minor crimes can be appropriately referred thus avoiding ongoing stigmatization and prolonged institutionalization. (28)
Future
As the availability of beds in mental hospitals is dwindling, the number of people in prisons has increased. (35) Recent studies revealed that there is a high prevalence of people suffering from mental disorders in USA, UK and New Zealand. For instance, in UK, rates of psychosis are reported as 4-10% for remanded prisoners and 2-7 % for sentenced prisoners. (36) These studies highlight the pattern that prisons are gradually becoming the preferred place for the disposal of mentally ill. (40)
A simple examination of the figures for England and Wales shows that the numbers of mental hospital beds and the numbers of prisoners have been inversely related in recent years. Figure 1 shows the rise in the number of prisoners between 1982 and 1997 and the fall in the number of mental hospital beds available over the same period. (The data for this figure were gleaned from various Health & Personal Social Services Statistics published by the Department of Health (England) and Home Office Statistical Bulletins, all available from HM Government Statistical Service.)
Fig. 1 Graph illustrating the increase in number of prisoners and decrease in number of mental hospital beds in England and Wales, 1982-1997 (40)
Nearly 33% of the prison population could be regarded as a psychiatric case. (37) In the UK, the availability of secure hospitals permits other alternative forms of management to choose from and forensic psychiatry represents a discipline that permits the link with community services. However, the policy of the government in the UK is that psychiatric services for offenders should be as far possible provided within the NHS. There are bountiful reasons for the imprisonment of mentally ill individuals, with public concern being most important. This is due to the stigma attached to ‘criminal lunatics’ and compounded by the ubiquitous portrayal of the mentally ill in the media. Other reasons include finance; imprisonment represents a cheaper option than other forms of management of mentally disordered offenders. (38)
American authors believe that their jails are replacing mental hospitals. Torrey (1995) conducted a survey in USA and concluded that:”quietly but steadily, jails and prisons are replacing public mental hospitals as the primary purveyors of public psychiatric services for individuals with serious mental illnesses in the US.” (39)14% of male and 25% female prisoners in San Diego County Jail were on psychiatric medication. 3 years back a report from jail officials revealed that the most common reasons for jailing seriously mentally disordered individuals were said to be because of assault, theft, alcohol and drug related crimes and trespassing.
With the emergence of the internet, obsessional harassers and sexual predators have found in cyberspace a major vehicle capable of helping them to satisfy their needs and potential victims tend to be more within their ambit. These include obtaining information, monitoring, contacting victims, developing fantasy, blackmailing and avoiding apprehension. Hence, there is a need for forensic psychiatrists to bridge the digital divide and become more familiar with computers and the internet so that relevant psychiatric evaluation of such subjects can be performed. (8)
Conclusion
Mentally ill patients are usually encompassed by taboos and the etiquettes stuck on any mentally disordered individuals make it even harder to seek help. If mentally disordered individuals are involved in criminal acts or any sorts of violent conduct or opprobrious behavior, they are likely to bear the contempt of the public. However, it is known to most that anxiety, sickness, accumulated stress caused by personal and professional issues can all potentially trigger mental problems to varied levels and consequences. Forensic psychiatry is a difficult specialty whereby healthcare professionals deal with mentally ill individuals who are offenders. The task of forensic psychiatrists sounds more herculean as compared to the general psychiatrist or even a doctor who helps a patient struggling in the penumbra between life and death. A lot of care is required when dealing with such patients because caring represents a psychologically supportive tool in the treatment of such patients and is tantamount to the evaporation of one’s prejudices to accept the patient as he is, listening to the mentally disordered individuals and to seek his reform from his starting point. Besides, a lot of resources must be targeted at encouraging research and the training of experts in this particular field of mental health.
Forensic psychiatry represents a challenging subspecialty of psychiatry that intersects with the legal and medical professions. It is one of the rare fields of medicine that is concerned with the assessment and management of mentally disordered offenders. The development of forensic psychiatry has been largely influenced by the Sefeloge case in the 1850s. Forensic psychiatrists need to possess a profound knowledge of criminology, law and psychiatry. Furthermore, forensic psychiatry is practiced in many countries such as US, UK, Canada, Israel, Australia and the Netherlands, but its practice varies slightly from one country to another due to different historical, developmental, legal and mental health systems. Likewise, cultural and religious issues also affect the practice of this subspecialty. The future status of treating mentally ill patients do not appear very bright because there is growing proclivity whereby jails are replacing mental hospitals in numerous countries and this is being done at a considerable pace. Still, the future is not so gloomy for mental health in general because a lot of research is underway, for instance improving the outcomes of drugs used in treatment of mentally ill individuals.
Kevin Mohee is a third year medical student at the University of Leeds
um06krm(at)leeds.ac.uk
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