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→Mental illness and the law: clarity
==Mental illness and the law==
==Mental illness and the law==
The mental health community does not recognize or utilize the term "insane" or 'insanity", yet is called upon to give expert opinion as such in capital criminal cases where the life of a defendant is at stake. This is because the terms "insane" and "insanity" tend to not have a legal definition. It is for mental health professionals to determine whether an individual is mentally unwell or not; the courts' role is to take the opinions of those professionals into account when deciding on an appropriate disposal for the defendant.
The mental health community does not recognize or utilize the term "insane" or 'insanity", yet is called upon to give expert opinion as such in capital criminal cases where the life of a defendant is at stake. This is because the terms "insane" and "insanity", while written into the law, are not defined in the law. It is for mental health professionals to determine whether an individual is mentally unwell or not; the courts' role is to take the opinions of those professionals into account when deciding on an appropriate disposal for the defendant.
In the UK, a defendant can be placed in a mental health hospital (under the Mental Health Act 1983) if the opinions of mental health professionals agree that the person requires such care and treatment. The most dangerous of defendants who are mentally unwell can be made subject to Part IV of the MHA 1983, which includes provision for detention in hospital without limit of time.
In the UK, a defendant can be placed in a mental health hospital (under the Mental Health Act 1983) if the opinions of mental health professionals agree that the person requires such care and treatment. The most dangerous of defendants who are mentally unwell can be made subject to Part IV of the MHA 1983, which includes provision for detention in hospital without limit of time.