Introduction to Forensic Psychiatry World Psychiatric Association Scientific Section Forensic Psychiatry Secretary: Prof. Birgit A. Völlm Overview • • • • • • • • • • • • • • Definition “forensic psychiatry” What do forensic psychiatrists do? Brief history of forensic psychiatry – UK perspective The nature and classification of crime The criminal justice system Risk factors for criminal behaviour Mental disorders and offending The forensic psychiatrist as expert witness Writing of court reports Risk assessment Prison psychiatry Services for mentally disordered offenders (MDOs) Treatment of MDOs Ethical issues in forensic psychiatry 2 Definition “Forensic psychiatry is a subspecialty of psychiatry in which scientific and clinical expertise is applied to legal issues in legal contexts embracing civil, criminal, correctional or legislative matters; it should be practiced in accordance with guidelines and ethical principles enunciated by the profession of psychiatry.” (American Academy of Psychiatry and the Law Ethical Guidelines) 3 Definition “Interpreters of medical and psychological findings into language which judges, attorneys and administrators and, in common law jurisdictions the ‘common man’, can understand and to which they can apply their rules.” (Nedopil 2009) 4 What do forensic psychiatrists do? • Assessment of mentally disorders offenders • Expert witness - Civil - Criminal • Advice to general psychiatrists and other professionals • Treatment of mentally disordered offenders 5 Brief history of forensic psychiatry – UK • 1800 Criminal Lunatics Act - James Hadfield attempted to assassinate King George III (delusional belief – must die at hand of others) - First mention of “not guilty being under the influence of insanity” - Introduction of Criminal Lunatics Act: Indefinite detention of mentally ill offenders • 1843 Mac Naughton rules - Daniel Mac Naughton attempted to assassinate Prime Minister (killed his secretary instead) delusional - Rules for insanity defence 6 Brief history of forensic psychiatry - UK • 1863 State Criminal Lunatic Asylum (Broadmoor High Secure Hospital opens) • 1948 NHS • Homicide Act 1957: “diminished responsibility” • 1969 Death penalty abolished • 1970ies onwards: Introduction of medium secure units, allowing care closer to home in less restrictive settings (up to then only 3 high secure hospitals in country) 7 Crime • A crime is an act capable of being followed by criminal proceedings • Crime is a man made concept defined by legislation • Actus rea (bad act) + mens rea (guilty state of mind) 8 Classification of crime • Crimes against person: violence, sexual offences, robbery • Crimes of dishonesty: burglary, theft, fraud and forgery • Criminal damage: property damage and arson • Car crimes: driving without licence, driving whilst disqualified • Drug crimes: use, possession, supply • Other crimes 9 Criminal Justice System Aims of the Criminal Justice System • Detection and prevention of crime • Rehabilitation and punishment of offenders • Victim support 10 Criminal Justice System Crime Police investigates Prosecution Acquittal •Fitness to be interviewed Court •Fitness to stand trial •Fitness to plead •Criminal responsibility Trial Conviction + sentencing Appeal •Discharge •Fine •Community order •Prison sentence •Hospital admission 11 Risk factors for criminal behaviour • Being male + young • Genetic factors MZ twins are more concordant than DZ for recorded and self reported crimes • Intelligence Low IQ has been linked to offending • Socio-economic deprivation Poverty, poor housing and unemployment • Ethnicity Higher rates of offending in African-Caribbean and lower in Asians compared to Whites 12 Risk factors for criminal behaviour • Family factors Poor parental supervision, harsh discipline, marital disharmony, parental separation, antisocial parents and large family size • Peers Most delinquent acts are committed with others • Personality factors Psychopathy, impulsivity, anger and lack of empathy • Substance Misuse 13 Criminogenic needs • Empirically-identified, dynamic risk factors • Eight central risk-need factors identified - Antisocial behaviour, Antisocial personality, ‘The Big Four’ Antisocial cognitions, Antisocial associates Family or relationship problems School or work Leisure Substance abuse 14 How about mental disorders? • Up to end 1970ies/beginning of 1980ies: no relationship between mental disorder and crime/violence when taking into account confounders • Since then: relationship established between (offending)/violence and mental disorder • Mental disorder one of many risk factors • General risk factors still apply to MDOs 15 Study designs • Prevalence of mental disorders in criminals (e.g. prison studies) • Prevalence of offending in patient cohorts • Epidemiological studies in the general population 16 Mental disorders in criminals Prison Population (UK; Singleton et al, 1998) General population Gender Remand prisoners Male Female Male Female Psychosis 0.5 0.6 10 14 Neurosis 12 18 59 76 PD 5.4 3.4 78 50 Drug abuse 13 8 51 54 Suicide 10 / 100 000 128 / 100 000 17 Offending in psychiatric populations • • • • 10 – 40% physically assaultative prior to hospitalisation High rates of violent incidents in in-patients Schizophrenia and dementia particular risk Small percentage (5%) of patients responsible for over half of incidents 18 Offending in psychiatric populations Camberwell Case Register Study (UK; Wessely et al, 1994) • Every first episode of schizophrenia 1964 – 1984 • Matched control group • Time at risk • Control for gender and age • Based on criminal records • Overall conviction rates did not differ • Convictions for violence x 3 in patients • But independent and more powerful contribution of other risk factors (age, gender, ethnicity, etc.) 19 General population studies Epidemiological Catchment Area study (US; Swanson et al, 1990) • Sample 10 000 • Self-report • Risk factors for violence: young age, male sex, low socioeconomic status and psychiatric disorder • Prevalence of violence – – – Base rate 2% In those with mental illness (Axis I) 12% Mental illness + substance abuse 35% • Antisocial PD, substance misuse, mania, psychosis all linked to crime Dunedin study (New Zealand birth cohort; Arsenault et al, 2000) • Risk for conviction was 2.7 for mentally disordered individuals • Individuals with ASPD and marijuana dependence most likely to have convictions whereas those with anxiety disorders least likely 20 General population studies Cross-sectional study (UK; Coid et al, 2006) • Five year self-reported prevalence of violence with victim harm • • • • • • 2% in those with no mental disorder 7% neurotic disorder 18% in those with alcohol dependence 25% in those with drug dependence 25% in those with antisocial PD 7% in those with any PD 21 Mental disorder and offending: Take home messages • Methodological issues: follow up, time at risk, self report, etc. • Modest association between mental illness & violence • Patients with schizophrenia particularly at risk • Life time risk of violence in people with schizophrenia is 3 - 5 X that of general population • But: risk is markedly higher among people with substance misuse disorders and antisocial personality disorder • Factors associated with violence are the same in people with mental illness than in those without • Majority of people with mental illness are never violent 22 Why does this link exist? • Factors pre-dating onset of active symptoms - Childhood factors: upbringing, neglect, abuse Antisocial traits Poor social skills Poor education • Factors arising as a direct result of symptoms - Particular symptoms • Factors arising as a long-term consequence of illness - Stigma Social exclusion Unemployment Deterioration of social skills Substance misuse 23 Schizophrenia & Violence Schizophrenia in prison samples • 6% of remand prisoners had schizophrenia (Taylor & Gunn, 1985) • 1.5% of sentenced prisoners had schizophrenia (Taylor & Gunn, 1991) Swedish case register of hospital admissions & crime (Fazel, 2009) • Compared violence rates in schizophrenia patients with general population - Schizophrenia 13% vs 5% in general population - Schizophrenia + substance misuse 28% 24 Schizophrenia & Violence Systematic review of violence and schizophrenia (Fazel et al, 2009) • 20 studies, 18,000 subjects • Men: pooled x 3.8; Women: pooled x 8.2 • Violence risk: substance misuse + psychosis > psychosis only • 1 in 300 people with Schizophrenia kill 25 Schizophrenia & Violence Clinical considerations • Chronicity • Symptoms • Victims • Environmental factors • Other factors 26 Schizophrenia & Violence Chronicity Two types of offenders with schizophrenia • Acutely psychotic: delusions and command hallucinations • Chronic defect state: personality deterioration, homelessness, poverty 27 Schizophrenia & Violence Symptoms • Threat/control/override symptoms – Believing that others are controlling movements and thoughts – Believing that others are plotting against them, trying to hurt or poison – Beliefs of being followed – Thought withdrawal / insertion – Command auditory hallucinations 28 Schizophrenia & Violence Victims • Violence tends to be against family and friends • Violence against strangers rare Environmental factors • High expressed emotion in families • Hospital setting: overcrowded, restrictive, little occupational activities Other factors • Pre-morbid risk factors • Consequences of illness 29 Depression & Offending Violent offending • Rare • Close family members at particular risk • Offender with poor coping skills, low self esteem and feelings of inadequacy in setting of chronic marital disharmony Non-violent offending • Shoplifting: Gibbens (1971): 24% of women had depression 30 Depression & Offending Psychotic depression • Delusional ideas of unworthiness, self criticism, failure, poverty and physical illness • Often kill themselves • Suicidal ideation extended to include other family 31 Bipolar Disorder & Offending Swedish case register (Fazel, 2010) • Individuals with bipolar disorder (n = 3743), general population controls (n = 37 429) • Violence: bipolar 8.4% vs general population 3.5% • The risk was largely confined to substance abuse co-morbidity (OR, 6.4) • Minimal risk without substance abuse comorbidity (OR 1.3) 32 Bipolar Disorder & Offending • Offending is typically associated with – – – – Drunkenness Threats Deception Inappropriate sexual behaviour • Manic offenders in custody (Wallach, 1993) – Out of 100 manic offenders 13% had committed a serious offence (dangerous driving, rape, arson) 33 Personality Disorder & Offending (Singleton et al, 1998) Type of PD Male remand % Male sentenced % Female % Schizotypal 2 2 4 Schizoid 8 6 4 Paranoid 29 20 16 Antisocial 28 30 11 Histrionic 1 2 4 Narcissistic 8 7 6 Borderline 23 14 20 Avoidant 14 7 11 Dependent 4 1 5 O-C 7 10 10 34 Personality Disorder & Offending Clinical factors • Hostility and anger • Difficulties in delaying gratification • Impulsive behaviour • Lack of insight and remorse • Lack of victim empathy • Callousness and lying • Deficits in recognising emotions like fear, disgust, anger Associated factors • Upbringing, etc. • Substance misuse 35 Substance Misuse & Offending Author, year Prison sample Male % Male youth % Female % Maden et al 1995 Remand 39.0 36.4 41.6 Gunn et al 1991 Sentenced 22.7 18.6 30.8 Singleton et al 1997 Remand Sentenced Alcohol 58 63 Alcohol 36 39 Singleton et al 1997 Remand Sentenced Drugs 51 43 Drugs 54 41 36 Substance Misuse & Offending • Substance misuse disorders are strongly associated with violent behaviour • Greater association than other mental disorders • Individuals with schizophrenia who abuse substances more likely to be violent than those that do not 37 Substance Misuse & Offending Explaining the link • Linkage between substance misuse and crime subcultures • Possession is an offence • Motivation for criminal activity • Leads to psychiatric disorders / increase in symptoms which lead to offending • Brain damage • Effects of the drug – Disinhibition – Acute intoxication • Effects of drug withdrawal 38 Organic Disorders & Offending Prevalence studies • Hafner and Boker 1973 533 mentally abnormal homicide offenders: 6% dementia, 5% epilepsy, 6% brain damage • Gunn and Taylor 1991 1% of sentenced prisoners in England and Wale had an organic brain disorder 39 Organic Disorders & Offending Epilepsy • Evidence of higher rates of epilepsy in prisoners compared to general population – Whitman et al (1984), 24/1000 – Gunn (1991), 4-5 /1000 • Type and rate of offending in epileptics is similar to those of offenders in general • Violence resulting directly from epileptic activity is rare 40 Organic Disorders & Offending Epilepsy Reasons for increased prevalence of epilepsy in prisoners • Brain dysfunction may lead to epilepsy and offending behaviour • Epilepsy associated with mental disorder which may lead to offending behaviour • Poor environments may lead to both epilepsy and offending behaviour • Offending behaviour may lead to head injuries which lead to epilepsy 41 Organic Disorders & Offending Epilepsy - automatism Automatism (Bratty 1963) ‘The state of a person who, though capable of action is not conscious of what he is doing…. It means unconscious involuntary action and it is a defence because the mind does not go with what is being done’ (Bratty, 1963) 42 Organic Disorders & Offending Epilepsy – automatism (Fenwick, 1990) • Patient should be known to be epileptic • The act should be out of character and inappropriate for the circumstances • There should be no evidence of premeditation or any attempts to conceal the offence • Any witnesses to the offence should describe disturbed consciousness including a description of the subject becoming suddenly aware of their surroundings and confusion as the automatism ends • Amnesia for whole period of the automatism 43 Organic Disorders & Offending Dementia /delirium • Increase irritability, aggressiveness, suspiciousness • Disinhibition • Forgetfulness (shoplifting) Organic personality disorder • Huntington’s chorea (antisocial behaviour appears before neurological and psychiatric signs) • Disinhibition 44 Learning Disability & Offending Prevalence of LD in offenders • Police stations (UK) – Gudjohnsson et al (1993) – Lyall et al (1995) 8.6%</=70, 42% 70 -79 4.4% Mild LD 0.4% severe LD • Courts (Australia) – Hayes 1993 – Hayes 1996 14.2% </=70 8.8% 70 -79 36.0% </=70 20.9% 70-79 45 Learning Disability & Offending Author Country Prison type Results Coid1988 England remand 5.1% < 75 Murphy 1995 England remand 0% </= 70 5.7% </= 75 Brown and Courtless 1971 USA convicted 9.5% MacEachron 1979 US convicted 1.5 -5.6% Denowski &Denowski US convicted 0.2-5.3% Gunn et al 1991 UK convicted 0.4% Brooke et al 1996 UK convicted 0.8% 46 Learning Disability & Offending Longitudinal studies (Hodgins 1992) • Cohort of 15,000 Swedish children born 1953 • Men with LD – 3 times more likely to have a conviction by age 30 – 4 times more likely to have committed a violent offence • Women with LD – 4 times more likely to have a conviction by age 30 – 25 times more likely to have committed a violent offence 47 Learning Disability & Offending Characteristic of LD offenders • Young • Male • Severe psychosocial disadvantage • Offending by other family members • Behavioural problems dating back to early childhood • High rates of unemployment • Mental health needs • Offending more likely in mild to moderate LD range • Likely to commit a wide range of offences • May have higher rates of recidivism (Robertson 1981) • May have higher rates of arson and sexual offences (Walker and McCabe 1973, Day 1988) 48 Specific Crimes & Mental Disorder Homicide • National survey (UK; Shaw et al, 2006) • 1594 individuals convicted of homocide • 34% had a mental disorder: most not attended psychiatric services • 5% had schizophrenia • 10% had symptoms of mental illness at the time of offence • 9% received diminished responsibility verdict • 7% received a hospital order 49 Specific Crimes & Mental Disorder Arson • PD: antisocial traits, impulsivity, high level of carelessness and hostility • Low IQ • Alcohol abuse • A minority have mental illness like schizophrenia 50 Specific Crimes & Mental Disorder Motives and reasons for arson • Insurance fraud • Political • Desire to be seen as a hero • Psychosis • Pyromania • Antisocial attitudes 51 Specific Crimes & Mental Disorder Sexual offending • Mania, hypomania • PD: impulsivity, antisocial traits, anger, low self esteem, psychopathy and deviant sexual fantasies • Substance misuse linked to recidivism among sex offenders • Sadistic sex offenders tend to have PD (narcissistic & antisocial) • Specific disorders of sexual preference 52 Specific Crimes & Mental Disorder Morbid jealousy (Othello syndrome) • Jealousy ‘ feeling or showing resentment towards a person one thinks of as a rival’ • Healthy people: jealous only in response to evidence, prepared to modify their beliefs and reactions as new information becomes available, jealousy directly towards one person 53 Specific Crimes & Mental Disorder Morbid jealousy • A range of irrational thoughts and emotions, together with associated unacceptable or extreme behaviour, in which the dominant theme is a preoccupation with a partner’s sexual unfaithfulness based on unfounded evidence • Interpretation of irrelevant occurrences as evidence of infidelity, refuses to change beliefs even in the face of conflicting information, and tend to accuse the partner of infidelity with many others 54 Specific Crimes & Mental Disorder Morbid jealousy: Psychopathology • Content - Preoccupation with a partner’s sexual fidelity • Form - Delusions (delusional disorder, schizophrenia, psychotic depression, in context of organic brain disorders) - Obsessions - Overvalued ideas (paranoid, borderline PD) - Associated with alcohol misuse 55 Specific Crimes & Mental Disorder Morbid jealousy: Violence • Homicide - Dell (1984): 17% of homicides - Mooney (1965): 14% of morbidly jealous sample had committed homicide - Most victims close family members • Domestic violence - Mullen & Mack (1985): > 50% of morbidly jealous had assaulted partner, none come to notice of CJS - Silva et al (1998): of 20 morbidly jealous, 13 threatened to kill, 9 had attacked. Presence of paranoid delusions, command hallucinations and alcohol consumption associated with higher risk of assault 56 Specific Crimes & Mental Disorder Stalking • Schizophrenia: delusional stalkers likely to cause high level of harm • PD: narcissism, paranoia and antisocial • Substance misuse • IQ higher amongst stalkers than other offenders • Other factors: male gender, young age, unemployment, recent loss, and childhood experiences (attachment disturbance) 57 The forensic psychiatrist as expert witness Civil matters • • • • • • • Guardianship Child custody/parental fitness Child abuse/neglect Psychiatric disability (benefits, insurance) Testamentary capacity Psychiatric malpractice/negligence Psychological damage 58 Legal issues • Pre-trial issues – Fitness to be interviewed – Diversion • Fitness to plead • Fitness to stand trial • Trial issues – Mens rea – ‘Psychiatric defenses’ • • • • Insanity Diminished responsibility Automatism Infanticide • Sentencing issues – ‘Dangerousness’ – Mitigation – Medical disposals 59 Fitness to plead • Concerns accused mental state at time of trial • Current mental state would not allow person to conduct proper defence • Defendant must be able to - Understand the charge Enter a plea Follow course of trial Instruct legal advisors Challenge jurors • Decided by judge • Trial of the facts – If not found to have done the act - acquitted • Different disposals for those found unfit to plead, often Hospital Order – Could return to trial when fit 60 Mens rea • Actus reus non facit reum nisi mens sit rea = “The act is not culpable unless the mind is guilty" • I.e. a ‘guilty mind’ (mens rea) is a prerequisite of responsibility for a crime and so to be punished • Individuals with mental disorders may not have mens rea due to mental state at the time of the offence • Different levels of mens rea: – Intent: wants consequence to happen – Recklessness: foresees consequence, taking risk – Negligence: does not foresee or desires consequence but should have done – But: accident: would not have been possible to predict the outcome; no guilt 61 Insanity • Every person is presumed to be sane, unless the contrary is proved • Punishment requires ‘guilty mind’, i.e. ability to form intent to commit crime • Someone with severe mental disorder may be ‘insane’, i.e. not guilty due to their disorder • McNaughten rules for insanity – used in common law countries - At the time of the act the defendant was: – “labouring under defect of reason, from disease of the mind, as to not know the nature or quality of the act he was doing, or, if he did know it, that he did not know that what he was doing was wrong” • Usually associated with severe mental illness Schizophrenia, Bipolar Disorder • Can result in diversion to hospital or absolute discharge62 Diminished responsibility • In UK only for homicide • Section 2 Homicide Act 1957 – Reduces murder to manslaughter – “abnormality of the mind (whether arising from arrested or retarded development of the mind, disease or injury or other inherent cause) such as to substantially impair mental responsibility” – ‘Abnormality of mind’: “any condition so different from that of the ordinary human being that the reasonable man would call it abnormal” 63 Writing of court reports I Preliminary matters • Is it appropriate to take this case? - Expertise • Ensure instructions are clear and adequate - Timescales - Questions • What issues are at stake? • Request more information if necessary • Gather all relevant information before interviewing accused 64 Writing of court reports II Interviewing the accused • Appropriate setting and timing • Interview - Introduction - Who instructed – questions asked - Special relationship - Limits of confidentiality - Possible outcome of assessment - Capacity to consent + consents - Access to further information (notes and informants)? 65 Writing of court reports III Further information / investigations • Review of notes - Medical notes - Police interviews - Witness statements • Interview staff • Diagnostics: - Brain scan - Structured interviews - Neuropsychological testing 66 Writing of court reports IV Writing style • Clarity • Minimal use of technical language – non-experts • Structure / use headings • Length • Only what is relevant • Avoid value laden statements • Stick to your expertise – no comment on legal issues • Awareness that you might have to defend your opinion / wording 67 Writing of court reports V Structure and content • Introduction - Very brief summary of case - Who instructed - Questions asked • State your expertise • Sources of information - Interview with accused - Review of notes - Interview of other informants - Further investigations - Any difficulties with assessment 68 Writing of court reports VI Background history • Family history • Personal history • Medical history Psychiatric history • including substance misuse Offending history • Previous offending • Index offence 69 Writing of court reports VII Progress in prison Interview and mental state Other investigations 70 Writing of court reports VIII Conclusion and recommendations • Summary of case • Formulation - Relevant factors in offending - Role of mental disorder in offending • Diagnosis • Risk • Treatment issues • Answer questions • Give reasons for your conclusions / recommendations • State limitations of your conclusions • Comments on other expert’s reports 71 Issues in the role as expert witness • ‘Dual role dilemma’ (e.g. psychiatrist has responsibility towards offender patient and society, i.e. court, protection of public) • Not usual doctor – patient relationship • Limitations of confidentiality • Only advice not decision making • Translation of concepts • Expertise potentially leading to adverse outcome to the offender patient, i.e. admission to secure hospital 72 Risk assessment • Part of all forensic-psychiatric assessments • Risk domains, e.g. risk - To others - To self - Risk of violence - Sexual risk • Time frame of risk • Short term – easier to predict • Longer term – much more difficult to predict • Static – dynamic risk factors • Static – won’t change, e.g. male gender • Dynamic – can change, e.g. symptoms of disorder • Aim to develop risk management plan, not just to make predictions • Accuracy limited – false positives and false negatives 73 • Risk cannot be eliminated Prison psychiatry • Prevalence of mental disorders high • More MDOs in prison than in psychiatric institutions • Assessment of prisoners - Advice to transfer to treatment institutions • Issues with transfer to psychiatric institutions - Identification of cases - Delays - Highly dependent on systems available in country • MDOs in prison system - Is it ever appropriate? - Ill people need to be in hospital? Depends on criminal responsibility? - Equivalence of care • High risk of reoffending - Higher than after forensic-psychiatric treatment 74 Treatment facilities for MDOs How to get into treatment facility • Mental disorder • UK: detainable under Mental Health Act regardless of responsibility - Issue is need for treatment • Other countries: has to have some level of reduced responsibility • Some countries exclude specific conditions, e.g. substance abuse or personality disorders • From court • From prison 75 • Referral from other treatment facilities Treatment facilities for MDOs How to get out of treatment facility • Depends on laws of country • Usually for those who are not fully criminally responsible and remain high risk • Forensic-psychiatric detention not time limited • Prison transfer – Acutely unwell may be transferred to hospital for short term treatment, then return to prison 76 Principles of treatment - basics • Respect for dignity, integrity, privacy and autonomy • Recovery focus • Least restrictive principle • Individualised care • Collaborative approach 77 Multidisciplinary team • Psychiatry - Consultant forensic psychiatrist - Trainee doctors - Ward doctors • Other medics • Pharmacy • Psychology - Forensic - Clinical • Social work • Nursing - Staff nurses - Nursing assistants • Occupational therapists • Education • Other therapists 78 Principles of treatment • Security - Structural - Procedural - Relational • • • • • • Importance of a structure and boundaries Consistency Multidisciplinary working Named nurse Selection of staff Staff training and supervision 79 Principles of treatment, ctd. • • • • • Pharmacological and psychological interventions All activity to support process of change Role modeling Risk – need – responsivity Group and 1:1 80 Stages of treatment • Assessment • Stabilisation • Preparation for Change - Motivational work - Psychoeducation • Addressing personality and interpersonal issues - Specific personality work - Interpersonal skills - Problem solving, thinking skills In parallel: Ward interaction Family work Activities Work Self esteem Quality of life • Addressing offending / criminogenic factors • Relapse prevention • Rehabilitation 81 Ethical issues • ‘Dual role’ of forensic psychiatrist –Obligation towards patient and society • Pressure from society in high profile cases • Principle of patient autonomy –Consent –Needs capacity + information + understands information + freely consents • Forced treatment • Best interest of patient • Least restrictive care 82 Ethical issues, ctd. • Effect of decisions on doctor-patient relationship • Treatment in hospital might be longer than in prison • Interpretation of risk assessments 83