7101CCJ FORENSIC MENTAL HEALTH LEGISLATION & POLICIES ESSAY: Question: ‘In contemporary society we see two emerging trends affecting people with a mental illness. The first trend is using the criminal justice system to give the community greater protection from ‘dangerous’ mentally ill offenders. The second trend is towards making legal processes more therapeutic. These trends are in complete conflict and cannot coexist’. Discuss.
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Abstract: There is no single answer to the problem of dangerousness. No society can ever be completely free of the risk of serious harm. It is stated that demands for public safety are entirely legitimate and have to be taken seriously. It will not do, as with some mental health specialists, to see …show more content…
He had several convictions for brutal rapes and attempted rapes. These all before he abducted Keyra in 1999. He was also found guilty of 2 murder and 1 manslaughter charges between 1998 and 1999. Fraser’s extensive violent criminal history should have been considered an indication of his habitually violent tendencies. It is said that it is important to ask whether the community should have a legitimate right to be protected from individuals who commits violent sexual offences and violent offences, has made little or no attempt to rehabilitate and who is assessed By experts within the field to be an unacceptable risk of reoffending. (C, Rankon, 2008). The truth of it all is that no matter how hard we try we may never be able to protect all individuals from sexual assault and violent invasions. However big improvements can be made by putting the best interest of the innocent such as children and adults first. Would I want my loved ones safe in the community at all times? Absolutely. Community members are entitled to be protected. If this protection is attainable through the legislation of sentencing laws and indefinite sentencing laws, then surely the use of detention is justifiable? Trend 2: The question to be asked is this: How, in an age when community safety is so dominant, can we retain the integrity of Mental Health offenders? By integrity we mean how can we care for the mentally disordered when the tendency is to control, punish and regard them with ever increasing suspicion? (Bean, P, 2001). Mentally disordered offenders have a right to receive treatment. As stated in trend 1, there are allot of cases where the offenders have reoffended and that the community safety was seriously compromised and put at risk. We also have to admit that care in the community have failed .Discharging offenders from institutions has brought some benefits, but it has left many mentally ill offenders vulnerable and unable to cope on their own. Others