File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Mental Illness and Criminality: Unravelling the Complex Relationship

It is widely believed that those with mental illnesses are more likely to commit violent and aggressive acts. The link between criminal behavior and mental health has long been a source of discussion. One in eight people worldwide suffer from a mental health illness, according to World Health Organization research. Mental illness, also referred to as mental health disorders, encompasses a broad spectrum of mental health issues that impact an individual's emotions, thoughts, and actions. It includes addictive habits, eating problems, anxiety, schizophrenia, and sadness. It can lead to misery and difficulties in day-to-day activities, including relationships, job, and education.

Many people worry about their mental health, but when persistent symptoms lead to regular stress and interfere with one's capacity to function, such worries escalate into mental illness. The disorder, the situation, and other factors can affect the signs and symptoms of the same. These include feeling depressed, having excessive fears or worries, or experiencing extreme guilt. They can also include feelings of detachment from reality, an inability to handle daily issues or stress, excessive anger, problems with alcohol or drug use, and suicidal thoughts.

These symptoms cause a person to withdraw into himself and can cause him to feel angry, bitter, or agitated. These feelings might push a person to violence. In a Swedish study, the criminal histories of 898,454 individuals without a history of depression were compared to those of 47,158 individuals who were depressed. Research revealed that individuals with depression have a roughly threefold increased risk compared to the whole population of committing violent crimes such robbery, assault, or homicide.

Violence is more common in people with psychotic and externalizing behavioral disorders than in healthy people. A person's likelihood of breaking the law is not determined by their mental health; rather, it is only one of numerous criminogenic risk factors that interact in intricate ways to influence behavior. The relationship between mental illness and other conditions is far more nuanced than is generally understood. This is particularly true for those who suffer from psychotic disorders, as agitation, delusions, or hallucinations are among the indications and symptoms that might actively motivate criminal activity. Individuals suffering from certain mental diseases and psychotic episodes may exhibit aggressive behavior.

Research has also shown a strong correlation between bipolar disorder symptoms and criminal activity. A person is also more likely to act violently due to increased impulsivity or fury when they are experiencing severe stress or worry. A number of mental health conditions, including schizophrenia, bipolar disorder, major depressive disorder, several personality disorders, and numerous substances use disorders, are associated with a relatively greater risk of violence. Research indicates that individuals diagnosed with schizophrenia are believed to have a 4–6% higher chance of committing violent crimes than people in the general population without the disease.

A severe, long-lasting mental illness that impairs thinking, behavior, emotional expression, reality perception, and interpersonal relationships is schizophrenia. Schizophrenia can be the most persistent and incapacitating mental disorder, although being less frequent than other severe mental illnesses. Schizophrenia patients frequently struggle in relationships, the workplace, the classroom, and society at large.

They might experience fear, retreat, or seem detached from reality. Although there is no cure for this incurable illness, it can be managed with the right care. Schizophrenia varies in intensity across individuals. While some people only experience one psychotic episode in their lifetime, others experience multiple episodes.

In the national award-winning film 15 Park Avenue where the main character, Konkana Sen, suffers from schizophrenia and is always searching for an imaginary place named 15 Park Avenue, which doesn't even exist in reality. Patients with schizophrenia are more likely to commit crimes, and the majority have a long history of violence. They have a higher likelihood of abusing drugs. They act in this way as a result of a mental disease that impairs their capacity to think and act rationally in the eyes of the law. This implies that a person's likelihood of committing crimes increases with the amount of substance misuse they engage in.

It's also crucial to remember that a patient with schizophrenia has a higher likelihood of committing a crime if they fail to take their medication on time or stop taking it altogether. The symptoms, which include delusions and hallucinations, get worse when no medication is taken. The patient's overall mental capacity is also negatively impacted. They consequently wind up making poor choices, such as committing crimes. A study conducted in Australia indicated that people with schizophrenia are three times more likely to commit crimes than people without any mental disorder.

Second, 8.2% of people with schizophrenia have been found guilty of violent crimes. The primary link between schizophrenia and criminality is that the illness has a negative impact on the person's cognitive abilities, making it impossible for him to think in the same way that a normal person would. A patient with schizophrenia behaves normally in everyday situations. However, the illness may have severe consequences for the patient's life if it is not treated in a timely manner.

People with schizophrenia have faulty thought patterns and have trouble grasping or comprehending what is in front of them. It also has an impact on the person's memory, and in certain cases, it even causes memory loss. As a result, the individual eventually distances themselves from society since they are unable to communicate with anyone, not even their friends and relatives. Because of this, the majority of them will turn to violence and criminal activities when faced with difficulties.

They suffer from a lack of communication since they are unable to effectively express themselves in front of others and discuss their problems. Additionally, they are incapable of doing tasks or engaging in intellectual activities. It also had an impact on their capacity to decipher instructions from what the other person was saying. The patient's short memory, focus, and capacity for efficient executive function are all impacted by the disease.

As we can see in the case of David Berkowitz better known as the "son of Sam" and the 44-calibre killer killed six people and wounded seven, when taken into custody he confessed that he was following the instructions of a demon manifested in the shape of a dog called Harvey who belonged to his neighbor Sam. As we can see David was clearly suffering from schizophrenia where he got hallucinations and delusions that Harvey the dog is instructing him to kill people.

One of the causes of schizophrenia is emotional or stressful life that might trigger psychotic episode while in this case David had a disturbing childhood where in his father left his mother for another woman and his mother abandoned him at a very young age, hence the chances for him to be a schizophrenic increased which further compelled him to be a criminal.

The most suggested and successful drugs for treating a patient with schizophrenia are antipsychotics. Antipsychotics' main objective is to influence brain function in order to control the symptoms of this condition. These medications essentially aim to lessen the indications and manifestations of schizophrenia. Antidepressants and anti-anxiety medications can also be used to treat the illness. Psychosocial therapies are crucial to disentangling the connection between schizophrenia and criminality, nevertheless.

Lastly, family therapy can be quite helpful to those with schizophrenia. For example, the goal of family therapy is to encourage and assist the patient's family. Support for the patient's family is likely to lessen stress and other symptoms. Over time, it is unlikely that the patient will readily partake in illicit activities. Reducing the likelihood of crime and violence committed by these patients is achieved by empowering them to the point that they can work to support their family and themselves.

India is a hugely populated country and according to a survey in 2017, one in seven Indians were affected by mental disorders of various severity. People affected by any sort of mental illness are highly vulnerable to finding themselves in vulnerable positions. Thus, it is important for developing countries like India to take make hard and soft laws concerning mental illness situations.

According to Section 22 of the Bhartiya Nyaya Sanhita 2023, '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'. In other words, an act committed by a person who is mentally ill is not taken into consideration an offence and falls below the category of 'General Exceptions'. Here, the caring and a proper attitude towards people who are mentally ill is maintained.

The Bhartiya Nagarik Suraksha Sanhita,2023 Chapter XXVII Sections 367 to 378 deals with the provisions for accused persons with mental illness. These provisions are in the best interests of the mentally ill person who is unable to understand the gravity of his acts unlike a reasonable person.

The best interests of persons who are mentally ill and unable to defend themselves are served by the provisions. The court has the power to postpone the trial or other proceedings while the person is insane. The court will proceed in the same manner as if he were a person of sound mind after his health has improved and he is able to defend himself. Someone like that has to be held in safe custody, in a secure setting. If that person is mentally ill, a relative may petition the court for that person's release. This demonstrates the court's care for those who are dealing with mental illness. Achieving proper justice requires these provisions.

Numerous surveys examine public perceptions regarding mental health illnesses and violence. For example, a 2013 survey found that 46% of respondents thought someone with a mental health disorder was considerably more dangerous than the general public. Previous polls have revealed that 35% of the public thinks that someone with a mental illness is more likely to be violent, and 60% of the public thinks that someone with schizophrenia is more likely to act violently.

The likelihood of engaging in violent behavior is almost doubled for those with schizophrenia compared to the general population without a substance use disorder. The risk multiplies by nine when a substance use problem is included. The same is true for bipolar disorder; the risk rises with the presence of substance use disorder. While not at the same degree as these conditions, there are other disorders with a higher risk. The danger increases if this disease is left untreated. Therefore, we must take responsibility for the care we provide, work to create programs that lessen the likelihood of violence, and endeavor to responsibly protect the public.

References:
  • Alison MacPhail, Simon Verdun-Jones. Mental Illness and The Criminal Justice System. International Centre for Criminal Law Reform and Criminal Justice Policy. https://icclr.org/wp-content/uploads/2019/06/Mental-Illness-and-the-Criminal-Justice-System-Final-VS.pdf?x12845
  • Chelsea Halle, Calli Tzani-Pepelasi, Ntaniella-Roumpini Pylarinou, Anita Fumagalli, The link between mental health, crime and violence, New Ideas in Psychology, Volume 58, 2020, 100779, ISSN 0732-118X, https://doi.org/10.1016/j.newideapsych.2020.100779
  • Modestin J. Criminal and violent behaviour in schizophrenic patients: an overview. Psychiatry Clin Neurosci. 1998.
  • Mia A. Thomaidou and Colleen M. Berryessa. Mental Illness as a Sentencing Determinant: A Comparative Case Law Analysis Based on a Machine Learning Approach. Volume 50, Issue 7. https://doi.org/10.1177/00938548231170801
  • Vemuri Daisey Santhi. Unsound Mind and The Law. The Law Gurukul. Feb 20, 2022. https://www.thelawgurukul.com/post/unsound-mind-and-the-law

Law Article in India

You May Like

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly