title: [Penal aspects of psychiatric intervention: management modes and impact of new criminal legislation].
abstract: Psychiatry and criminal justice have been closely related for a long time. Traces of such ties can already be found during the 19th century through the establishment of the contemporary systems of social control. Various questions that will mark the development of policies in this domain were important objects of discussion and analysis: Is mental illness a cause of criminality? Should the "insane" be held responsible for their crimes? What are the appropriate measures to heal, reform, control? In other words, should we consider the individual as sick or as criminal? If these questions are formulated differently nowadays they haven't lost any of their relevance. In this article, we will briefly present the forms of intervention available to the criminal justice system when dealing with persons suffering from mental health problems. This presentation is based on recent studies conducted in Montreal, elsewhere in Canada, as well as in the United States. The main stages of the criminal justice process will be examined, taking into account the recent modifications to the Canadian Criminal Code and its impact on the relations between the courts and psychiatric facilities. This type of situation is not without impact on community mental health for two main reasons. First, with the diminishing public funding of various health services there seems to be a growing practice of criminalization of persons suffering from mental health problems, especially the most vulnerable segments of this population. Secondly, there is a growing trend, in the criminal justice system, of requiring support from community groups or facilities to deal with these criminalized individuals. In the coming years criminalization will constitute an increasing and complex challenge for community mental health.
authors.affiliation: Université du Québec à Montréal.
authors.forename: D
authors.initials: D
authors.lastname: Laberge
authors.forename: D
authors.initials: D
authors.lastname: Morin
authors.forename: M
authors.initials: M
authors.lastname: Robert
mesh_terms: D002170:Canada; D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D003156:Community Mental Health Services / Q000331:legislation & jurisprudence; D003415:Crime / Q000331:legislation & jurisprudence*; D003431:Cross-Cultural Comparison; D003937:Diagnosis, Differential; D006801:Humans; D007298:Insanity Defense; D001523:Mental Disorders / Q000175:diagnosis / Q000523:psychology / Q000534:rehabilitation*; D010348:Patient Care Team / Q000331:legislation & jurisprudence; D014481:United States