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MENTAL ABNORMALITIES (FROM NEW POLICE SURGEON - A PRACTICAL GUIDE TO CLINICAL FORENSIC MEDICINE, 1978, BY H S BURGES AND J E HILTON - SEE NCJ-61742)

NCJ Number
61758
Author(s)
A M P KELLAM
Date Published
1978
Length
25 pages
Annotation
CONSIDERATIONS OF THE POLICE SURGEON IN DEALING WITH INCIDENTS OF MENTAL ABNORMALITY ARE PRESENTED; PSYCHIATRIC EXAMINATION, CRIMINAL RESPONSIBILITY, FITNESS, TREATMENT, AND DEPRESSION ARE DISCUSSED.
Abstract
ALTHOUGH A MATTER OF VITAL IMPORTANCE, OFTEN THE MENTAL STATE OF THE ACCUSED AT THE TIME OF THE OFFENSE IS DETERMINED BY MERE CONJECTURE. A PROMPT EXAMINATION BY A COMPETENT NEUTRAL OBSERVER, SUCH AS THE POLICE SURGEON, WOULD PROBABLY ENABLE THE COURT TO REACH A CORRECT CONCLUSION IN MANY MORE CASES. THE PSYCHIATRIC EXAMINATION IS BASED UPON THE TAKING OF A DETAILED ACCOUNT OF THE PATIENT'S ILLNESS AND OF HIS LIFE PRIOR TO COMMITTING THE CRIME TO SHOW HOW THE CURRENT DISORDER FITS INTO HIS BEHAVIOR PATTERN. THE MENTAL STATE IS TRADITIONALLY RECORDED UNDER THE HEADING OF APPEARANCE, SPEECH, MOOD, AND SENSORIUM. MOOD IS INFERRED FROM THE NORMAL BODY AND FACIAL SIGNS AS WELL AS TONE OF VOICE; SENSORIUM INCLUDES AN ASSESSMENT OF THE PATIENT'S ORIENTATION, CONCENTRATION, MEMORY, AND INSIGHT. THE POLICE SURGEON MUST RETAIN A TOTALLY NEUTRAL ATTITUDE OF BENEVOLENT CONCERN FOR THE PATIENT, WHATEVER THE NATURE OF THE POLICE CHARGES AND THE PATIENT'S ADMISSION. IN ADDITION, ADMISSION TO A PSYCHIATRIC HOSPITAL MUST BE REQUESTED ONLY WHEN TREATMENT IS REQUIRED FOR A MENTAL DISORDER AND NOT BECAUSE OF A SOCIAL PROBLEM. COMPULSORY ADMISSION TO A MENTAL HOSPITAL DOES NOT CONSTITUTE EVIDENCE OF A PATIENT'S FITNESS TO PLEAD OR CRIMINAL RESPONSIBILITY. CRIMINAL RESPONSIBILITY IS A COMPLEX LEGAL PROBLEM, BASED UPON THE PREMISE THAT A PERSON SHOULD ONLY BE PUNISHED FOR THOSE OFFENSES HE INTENDED TO COMMIT. ALTHOUGH QUESTIONED FOR SOME TIME, THIS CONCEPT IS BASED ON THE M'NAUGHTEN RULES WHICH HAVE BEEN DIFFICULT TO REPLACE. PATIENTS SHOULD ALSO BE EXAMINED FOR FITNESS TO MAKE A STATEMENT SINCE SOME WITH SEVERE PSYCHIATRIC CONDITIONS MIGHT BE UNDULY DISTURBED BY PROLONGED QUESTIONING. IN ADDITION TO SEVERE PSYCHIATRIC DISABILITIES, THE POLICE SURGEON WILL ALSO ENCOUNTER CASES OF DEPRESSED PERSONS WHO MUST BE OBSERVED BECAUSE OF THE POSSIBILITY OF SUICIDE. HYSTERIA, EPILEPSY, AND IATROGENIC PSYCHOSES MUST ALSO BE CAREFULLY EVALUATED. (LWM)

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