Reassessing the Aftercare Treatment of Individuals Found not Guilty Due to a Mental Disability in Hunan, China: Supplemental Study into the Disposition of Mentally Ill Offenders after Forensic Psychiatric Assessment

Author:

Wang Xiaoping1,Zhang Dengke1,Jiang Shaoai1,Bai Yining2,Ellis Cucolo Heather3,Perlin Michael L.4

Affiliation:

1. Mental Health Institute, 2nd Xiangya Hospital of Central South University, Changsha, Hunan, 410011, China

2. Medical Library of Xiangya Medical School, Central South University, Changsha, Hunan, China

3. Division of Mental Health Advocacy, Newark, New Jersey, USA

4. New York Law School, New York, USA

Abstract

Objective: The purpose of the present paper was to examine the disposition of individuals in Hunan, China who are found not criminally responsible due to a mental disorder or defect. Method: Self-developed questionnaires were mailed to the family members of 240 patients who had received forensic psychiatric evaluations at the forensic psychiatric assessment center of Central South University, between 2001 and 2002. Results: One hundred and seventy questionnaires were fully completed and returned by the patients’ family members. According to the answers, 64.1% (109 patients) were found not criminally responsible due to a mental disorder or defect. In 87.6% of the cases, a judgement of guilty was in agreement with the psychiatrist's recommendation concerning criminal responsibility. A total of 61.8% of the patients found not guilty were discharged to their families and did not receive any further psychiatric treatment. Conclusion: In most cases, judicial decisions are consistent with a psychiatrist's opinion of criminal responsibility due to a mental disorder or defect. After such adjudication, further psychiatric treatment is often neglected due to the lack of resources and information. Hunan, China must make a continued investment into the availability and quality of outpatient mental health treatment for forensic patients after they have been discharged.

Publisher

SAGE Publications

Subject

Psychiatry and Mental health,General Medicine

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