Criminal justice outcomes of those appearing before the mental health tribunal: a record linkage study

Green, Bob, Stedman, Terry, Chapple, Ben and Griffin, Cassandra (2011) Criminal justice outcomes of those appearing before the mental health tribunal: a record linkage study. Psychiatry, Psychology and Law, 18 4: 573-587. doi:10.1080/13218719.2010.509036


Author Green, Bob
Stedman, Terry
Chapple, Ben
Griffin, Cassandra
Title Criminal justice outcomes of those appearing before the mental health tribunal: a record linkage study
Journal name Psychiatry, Psychology and Law   Check publisher's open access policy
ISSN 1321-8719
1934-1687
Publication date 2011-01-01
Sub-type Article (original research)
DOI 10.1080/13218719.2010.509036
Volume 18
Issue 4
Start page 573
End page 587
Total pages 15
Place of publication Abingdon, Oxon, United Kingdom
Publisher Routledge
Language eng
Abstract To examine the utilisation of the insanity defence in Queensland and insanity acquittee reoffending, offences cleared by the police were compared with charges heard by the Mental Health Tribunal (MHT) and appearances before the MHT from 1985 to 2002 were cross-linked with police databases. Only 0.24% of cleared offences were heard by the MHT. This plea rate was similar to that in the US jurisdictions where the insanity defence has been extensively researched. Overall, persons not afforded an insanity defence reoffended more frequently, committed more offences, including more violent offences, and committed more serious offences as measured by the National Offence Index. Furthermore, offending occurred sooner than that of insanity acquittees. Evidence was not found for "over-use" of the insanity defence and overall, recidivism was lower and less serious for insanity acquittees. There is a need for further research to more comprehensively identify factors associated with positive outcomes.
Keyword Insanity defence
Mentally disordered offender
Recidivism
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: School of Medicine Publications
 
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