if somebody with a mental health problem breaks the law

[ron c]

do they go to prison or hospital?

[~~~NewOrleansLady~~~~]

Both Depends on how severe his problem is

[earwax_boy]

In this country, probably neither - unless it's really serious and then it will be to whichever is the least appropriate.

[hog b]

they should go to hospital. but the prisons are full of people with mental health problems, along with the standard villains.

[Nancy Kay]

depends on the type, nature and extent of the mental health problem, and the sentencing laws of the jurisdiction in question.

[david345333]

Depends on whether the problem has a direct bearing on why they committed the crime.

[lochmessy]

It has to be proven that they truly have a mental problem, and if so, they go to a prison hospital, which is actually a bit worse than going to a regular hospital. They don't get the real help that they need, it's very sad. The only thing is that they do get out, and they are not cured and they can do whatever it is that they did in the first place and end up back in the hospital. It's sort of a revolving door process. We don't have a very good system.

[nightryder28]

it depends a lot of the times they go to a mental hospital

[prudence]

They are sectioned and go to Mental hospital.The psychiatrist will determine the level of mental after he has done certain investigation /mental assessment.usually such people are not jailed as they are mentally ill

[tempest]

Depends on the police report, the magistrate, the doctors, and the person with mental health problems own reasoning when arrested. Sometimes they will try to get the patient to go for voluntary help, sometimes they dont want the hassle and will give them a warning and let them go, sometimes they section them (forced to get hospital help) or sometimes they get sent to jail.

[kissable kimmy]

OK well it just dependsthey are tried in court....usually and (trail by jury) and sometimes when they claim to mental they are granted to go to a hospital...but they have to be granted that....and there has to be evidence to support it.

[Pinhead]

Are we talking mass murder or drunk and disorderly?

[katie30]

if its a genuine mental health problem then hospital but in severe cases they will be sent to somewhere like Brampton. its a secure hospital that acts like a kind of prison. patients are assessed, treated but only released into society once they are no threat to the public (in theory anyway). its dependant on the crime really.

[Andy]

It's determined via case by case basis.

[Roo]

If a psychiatrist determines that he/she broke the law because of their mental health problem, they will go to hospital - a high security one if they are dangerous.For example, if a schizophrenic assaults someone because he is delusional and believes he is defending himself or someone else, this will be taken into consideration and he will not go to jail because of it. Instead he will go to a mental hospital - they have seperate facilities for dangerous offenders. Most mentally ill people are less likely to assault than the general population though and are more likely to actually become a victim of violence.There are exceptions of course and in the States, more mentally ill are jailed than in Europe or Canada. For instance if a woman with post-partum psychosis kills her child because she believes she is protecting the child, she will be much more likely to be jailed in the States than in England or Canada.

[Linda R]

It starts with prison. Mental health problems do not make people exempt from the law.

[heywoodvicky]

It also depends on the illness,believe it or not they sometimes put people with mental health problems in prison in order for them to get the proper mental health services they need,i.e.the judge can then decide where they are best to get the treatment they need.

[madmstella]

Depends very much on the nature of the crime. Know that .01% of court cases are ruled as not guilty by reason of insanity. Also I believe 85% of inmates are shown to have mental health problems. More mentally ill end up in jail than hospital. Most State Hospitals have a ward for the crimanily insane...I had to do a rotation there (shudders)...where many of those .01% live and often die (very very violent place).

[go 24]

it depends on the judges ruling!!! will most probably be accessed by a phyciatric nurse !!!!!

[sumit s]

mental health problem is not an excuse to break the law but it depends on the mental state of the person and person himself be going trough relapse and having frank pschosis and hallucinationg. to be best judged by doctors. thats what happens. if some one is malingering after comitting a crime it is not very difficult to find out after a period of assessment.