Forensic Psychiatry.pptx

Forensic science
Definition
Basic components

1. Forensic Psychiatry - BY HETAL NINAMA F.Y M.SC NURSING GINERA

2. INTRODUCTION Forensic psychiatry is a branch which is deal with the legal aspect of the mentally ill person.

3. DEFINITION Mental health : Mental health is define as a state of well-being in which an individual realizes his or her own abilities, can cope with the normal stress of life , can work productively and is able to make a contribution to his or her community.(WHO)

4. CONTI.. Psychiatry : It is branch of medicine that deals with the diagnosis, treatment and prevention of mental illness.

5. CONTI… Psychiatric nursing: It is a specialized area of nursing practice, employing theories of human behavior as it is a science, and the purposeful use of self as it is an art, in the diagnosis and treatment of human responses to actual or potential mental health problems (American Nurses Association, 1994)

6. CONTI… Forensic psychiatry: Forensic psychiatry is the branch of medicine that deals with disorders of the mind and their relation to legal principles. Forensic psychiatric nurse: The forensic psychiatric nurse works with individuals who have mental health need and who have entered the legal system.

7. BASIC COMPONENT OF FORENSIC PSYCHIATRY   The basic forensic psychiatry includes:   1. Crime and psychiatric disorders 2. Criminal responsibility 3. Civil responsibility 4. Laws relating to psychiatric disorders

8. CONTI… 5. Admission procedures of patients in a psychiatric hospital 6. Civil rights of the mentally ill 7. Psychiatrists and the court

9. 1. CRIME AND PSYCHIATRIC DISORDERS There are close associations between crime and psychiatric disorders like personality disorder particularly antisocial personality, drug dependence disorders, schizophrenia, affective disorders and epilepsy.

10. Conti… Mentally ill people may commit offence be- cause: They do not understand the implication of their behaviour Due to delusions and hallucinations Abnormal mental states like confusion, excitement, etc. Drug related violence

11. 2. CRIMINAL RESPONSIBILITY According to section 84 of the Indian Penal Code of 1860, "Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is 'incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law"

12. Conti.. Criteria used to determine criminal responsibility:   M'Naghten's rule The irresistible impulse test The Durham test/Product rule American law institute

13. M'Naghten's rule The rule states that the individual at the time of the crime did not know the nature and quality of the act and if he did know what he was doing, he did not comprehend it to be wrong. These rules are referred to as the nature and quality rule and right from wrong test.

14. The irresistible impulse test According to this rule, a person may have known an act was illegal but as a result of mental impairment lost control of their actions.

15. The Durham test/Product rule An accused is not criminally responsible if his unlawful act was the product of mental disease/defect. In this, the causal connection between the mental abnormality and the alleged crime should be established .

16. American law institute A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks adequate capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. The ALI test is similar to the combination of the M'Naghten rule and the irresistible impulse test. This rule excludes psychopaths .

17. 3. CIVIL RESPONSIBILITIES OF A MENTALLY ILL PERSON Civil responsibility of a mentally ill person includes: Management of property Marriage Testamentary capacity - Right to vote

18. 1. Management of Property The court may on an application from any relative direct an inquiry to ascertain whether a person is of unsound mind and incapable of managing his property. In such a case, a manager is appointed by the court of law to take care of his property, which may include sale or disposal of the property to settle his debts/expenses.

19. 2. Marriage As per the Hindu Marriage Act (1955), marriage between any two individuals one of was of unsound mind at the time of marriage is considered null and void in the eyes of the law. Unsoundness of mind for a continuous period can be sighted as a ground for obtaining divorce. The other party can file for divorce lunacy continues for a period of more than 2 years after marriage. However, if divorce is filed after a 3-year period, divorce is granted with a pre-condition that the other party has to pay maintenance charges for the mentally ill person.

20. 3.Testamentary Capacity As per the Indian Succession Act, testamentary capacity of the mental ability of a person is a pre-condition for making a valid will. The testator must be a major, free from coercion, understanding and displaying soundness of mind. At times, doctors and nurses are called upon to witness the will of an ailing person. Under such circumstances, the doctor tests the testator for orientation, concentration and memory. A person affected by delusional disorder can also make a valid will, if those delusions are not related to the disposal of the property.

21. 4.Right to Vote A person of unsound mind cannot contest for elections or exercise the privilege of voting.  In conclusion, nursing practice must con- firm to pre-set legal standards and continuously reorient itself to the ever evolving legal standards. It is only the motivated and capable nurse who can incorporate legal knowledge while dispensing patient care, and it is to her that many patients will turn for information and care.

22. 4.LOWS RELATING TO PSYCHIATRIC DISORDER

23. 5. ADDMISSION PROCEDURE OF PATIENT IN A PSYCHIATRIC HOSPITAL Admission on voluntary basis Admission under special circumstances (involuntary patient) Admission under authority or order Reception order on application Reception order on production of mentally ill person before a magistrate Admission and detention of a mentally ill prisnor .

24. 6. CIVIL RIGHT OF THE MENTALLY ILL Due to global human right concerns, efforts have been made to safeguard the human rights of the mentally ill. A person who is supposed to look after the mentally ill person and who does not take proper care and shows cruelty, may be summoned by the court, on receipt of such an information either from the public or police. Stringent punishment has also been provided for those who subject the mentally ill to physical and mental indignity while in hospital .

25. CONTI.. It has also been stated that the mentally ill person will not be used in research, except after obtaining proper consent from him and any communication or correspondence in any form shall not usually be censored or intercepted

26. 7. PSYCHIATRISTS AND THE COURT   Psychiatry has become established as a medical specialty and psychiatrists now have achieved the status of an expert for the purpose of assisting the law in performing its role. Based on a plea of insanity a psychiatrist can give evidence convincing a judge that the crimes were committed as a result of his mental illness.

27. SUMMARY Introduction Definition Crime and psychiatric disorders Criminal responsibility Civil responsibility Laws relating to psychiatric disorders Admission procedures of patients in a psychiatric hospital Civil rights of the mentally ill Psychiatrists and the court

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