Mental state, intention and responsibility
A crime is defined as an act that is capable of being followed by criminal proceedings. In any offences, the accused should be proven on whether he has physically done the act (actus reus) or that the act has casued the offending consequences. Secondly, the accused should be assessed on whether he/she has intention to do it (mens rea). Three other forms of intent that needed to be taken into considerations are: Recklessness, Negligence and Accident.
Recklessness is defined as the deliberate taking of an unjustifiable risk. A man is reckless with respect to the consequences of his act, when he foresees it may occur but does not desire it (e.g. pulling the trigger of a gun that you do not know whether
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Risk factors for violence in the mentally ill patients can be divided into four types: Dispositional factors, clinical factors, historical factors and contextual factors ( Monahan and Steadman (1994). Dispositional risk factors look into the factors that reflect a person’s characteristics, personalities and styles of interacting. It is usually related to anger, impulsivity, and psychopathy. Mr. LKM fulfilled these risk factors.
The Clinical Risk Factors comprises of the manifestation of the patient’s psychiatric disorders. Areas to be considered within this domain are schizophrenia, mood disorders, personality disorders and substance uses disorders. Delusions can lead to harmful behaviour and it is usually the strongest links between persecutrory ideas to the wish to harm others.
The historical and contextual risk factors explain that the events in the past can be used to predict the patient’s future behaviour. This is especially true if we look into the many numbers of past histories of violence. Their family support and social network also play a large role. Not to forget are the factors of age, sec, race, socioeconomic stateus, marital status, personality, neurobiological factors and intellectual functions. In this context, the mid to late adolescent years, male gender, lower socioeconomic status, organic brain pathology, and lower IQ relects increase in the risk of crime and
I will also explore how the book could be used as supplemental material in this course. Most mentally ill individuals are non-violent and are most likely to be victims. Very rarely, you will see mentally ill individuals committing a crime. When they do commit a crime or have some sort of mental crisis, the first ones
Robert William “Willie” Pickton, as known as “The Pig Farmer Killer”, is a Canadian serial killer for several additional murders. In December 2007 he was sentenced to life in jail, with no probability of parole for a long time the longest sentence then accessible under Canadian law for homicide. Robert Pickton is thought to have killed very nearly fifty women reported as lost from the Downtown Eastside of Vancouver somewhere between 1997 and 2002. If we look at most of the criminals they are associated with a horrifying past and it goes for Robert Pickton. Developmental Theory identifies with his crime more evidently.
Katherine Jaros Dr. Ann Burgess FORS5317.01 4/19/2023 Understanding Andrea Yates: Mental Health and its Relationship to Violent Crime INTRODUCTION Mental health in criminal offenders is a highly complex and controversial issue that plays a critical role in determining how we understand and evaluate violent crimes. A significant number of offenders who commit violent crimes have some form of mental illness or disorder, which drives interest in studying such cases. Furthermore, during the legal process, there are always two sides that approach mental health in criminals and put it in consideration differently as they argue for opposite outcomes in the courtroom. Defense lawyers seek to emphasize the role that the illness or disorder
However, research has consistently found that certain mental health disorders, such as antisocial personality disorder and psychosis, are associated with an increased risk of violent behavior (Monahan, 1992).Studies of the relationship between mental health issues and antisocial behavior typically examine a range of behaviors, including violent crime, aggression, and substance abuse. For example, a study by Swanson and colleagues (2006) found that individuals with serious mental illness were no more likely to commit violent crimes than individuals without mental illness, but were more likely to be victims of violent crime. However, other research has found that individuals with certain mental health disorders, such as schizophrenia, are at increased risk of violent behavior (Fazel et al.,
Introduction and Summary: Chapter 11 focuses on the individuals with mental illness and the criminal justice system. Every year there are hundreds of thousands of individuals with mental illness who are arrested. The past decade a lot of the state hospital and mental health facilities have been shut down for lack of funding. Many of the seriously mentally ill are roaming the streets. The serious mental illness regarding this chapter would include schizophrenia, bipolar disorder, and severe depression.
The Mental illness: These offenders suffer from a wide variety of mental illness from depression
My paper aims to discuss the three different factors of criminal behaviour, what causes it and why. My essay will examine and focus mainly on the genetic makeup of a person, the environment in which they are raised in and gender differences.
This theory clearly rules out the effect of inherited or innate factors, and the last is the cognitive theory, which is based on how the perception of an individual is manifested into affecting his or her potential and capability to commit a crime. (Psychological theories of crime) Relating these theories to the case under study, it’s clear that the behaviour can be traced most times to faulty relationships in the family during the first years of
In the filed of biology psychology, it is said that there are 3 areas of the brain that are mainly involved in our aggression and violence behavior, which are the hypothalamus, the frontal lobes, and the limbic system. Morley and Hall(2003) have investigated o how the human genes have an influences on their criminal behavior. In their research, they have found a positive relationship between criminal behaviors and genes. Brunner et al(1993) conducted an research on a Dutch family, the result showed that some of the family members from the Dutch family with tendency of aggressive behavior turned out to have mutation occurring in their monoamine oxidase A, a type of neurochemical in the brain. Therefore, we tell say that aggressive behavior is somehow related to human brain structure.
Some major findings in this study were that participants were significantly more violent than the average juvenile delinquent. They were also asked about the most serious crimes that they had ever committed finding that among the 34 participants, 5 terrorist threats, 5 murders, 2 attempted murders, 1 manslaughter, 12 burglaries, 11 strong-armed robberies, 9 assaults with a deadly weapon, 8 drug possessions with intent to deal, 6 gun possessions, and 5 shootings. There were many preexisting risk factors that included exposure to violence, vicarious victimization, and criminal and delinquent acts. In the aspect of their future expectations, they mostly had negative expectations. When the young males were asked about future risks, they really felt like they would be the victim of a violent crime or even shot at.
Unit 10: Safeguarding in Health and Social Care Student Name: Student I.D: Submission date: Contents Introduction 2 Task-1 3 1.1 Explain why particular individuals and groups may be vulnerable to abuse and/or harm to self and other 3 1.2 Review risk factors which may result in incidence of abuse and/or harm to self and others 4 1.3 Analyse the impact of social and cultural factors on different types of abuse or harm to self and others 4 Task 2 6 2.1 Analyse the strengths and weaknesses in current legislations and policies relating to those vulnerable 6 2.2 Explain how key professionals are involved in the protection of individuals and groups vulnerable to abuse 7 Task 3 8 3.2 Evaluate the effectiveness of working practices to minimise
If the individual cannot cope will stressful events such as divorce, sexual abuse, an unstable home life, and death it can lead to and cause abnormal behavior. Lashing out or substance abuse can be coping mechanisms of anyone experiencing trauma, but serial killers tend to have factors of biological and psychological deformities that also inhibit deviant behavior. A blend of substance abuse, mental illness, and environmental factors can produce the deviant behavior that can mold and shape a serial killer. Trauma alone cannot be the predisposition of someone becoming a serial killer.
Law and Human Behavior, 34:324–336. Pandiani, J.A., Banks, S.M., Carroll, B.B. & Schlueter, M.R. (2007). Crime Victims and Criminal Offenders Among Adults With Serious Mental Illness. Psychiatric Services, Vol. 58, No. 11: 1483-1485.
Mens rea is the element of a crime which alludes to what is known as the “guilty mind”. The case of R v Mohan [1976] QB 1 , the case dealing with the meaning of intention in the context of the offence of murder, James LJ clarified that intention meant ‘aim’ or ‘a decision to bring about a certain consequence’ whilst mens rea is generally related with motive what it more directly links to the notion of intention. There are two types of intention, direct intention and oblique intention .Oblique intention is difficult for a jury to infer and difficult for a prosecutor to prove. Defining mens rea of intention precisely is very difficult over the years.
Esbensin, Peterson, Taylor and Freng (2010) implies that “ young people who have committed serious violent offenses have the highest level of impulsive and risk-seeking tendencies.” Moreover, extreme violent criminal activity being performed in front of youth increases the risk of them performing acts of extreme violence themselves. Because youth see those acts as acceptable so committng those violent activities make youths to become ruthless. Smith and Green (2007) assert that violent activities becoming ruthless and the perpetrators even more ruthless.