Medicine meets law:forensic psychiatry
Undergraduate placements in forensic psychiatry enrich
general medical training and help us face our prejudices,
say Elisabeth Cottrell and Adrian Grounds
Forensic psychiatry is an unknown specialty to
many medical students. And if you are aware of
the field, you may not be clear about what it
involves. All undergraduate medical courses contain student selected components - projects, placements, and the medical student elective. A placement in
forensic psychiatry may be an option for any of these.
What is it?
Forensic psychiatry became a specialty in its own right only
in the 1970s. It is unusual because it embraces both the med
ical and legal worlds: knowledge of both is essential for fair
and appropriate management of patients. Patients who have
personality disorders or mental illnesses and have offended
or are thought likely to offend in the future. Such offending
does not have to result directly from mental illness. A minor
ity of forensic psychiatry patients have neither committed an
offence nor are thought likely to offend. The United King
dom's health service, rather than the criminal justice system,
refers patients who are too challenging or unmanageable in
general psychiatry settings. These patients may have
exhausted local resources or may need higher security care.
Forensic psychiatry differs to many other subspecialties.
Firstly, forensic psychiatry does not focus on particular disorders, but on patients within a particular situation - offenders
or likely offenders. And, secondly, many of these patients do
not want or feel a need for treatment and are detained
against their will.
Less of the attitude
Judgmental or discriminatory attitudes can exist towards the
patients encountered in forensic psychiatry. All healthcare
professionals, including medical students, have a duty to
remain professional at all times. Forensic psychiatry provides
a good opportunity to tackle any preexisting stigma and discriminatory attitudes. If you can shift your focus away from
the often serious crimes to the patients' past psychiatric,
medical, and social histories, these become hugely more
interesting and complex.
Medical students may feel sadness and hopelessness for
some patients. This often takes over from the possible
anxiety associated with managing "a murderer" or "a rapist."
Many patients seem vulnerable and misled. Patients are often
victims of horrific backgrounds, and many, especially
inpatients, are isolated, at least temporarily, from their
"normal" way of living. Medical students can learn how to
manage their own feelings of hopelessness and helplessness,
and they can establish skills in dealing with patients with
criminal backgrounds.
Detective development
The instinctive reaction when faced with such extraordinary patients is to try to comprehend how their histories
and psychiatric morbidity have led to their situation.
Although discussion and contemplation of these points is
fascinating, conclusions may never be reached. This is a
good lesson for future practising clinicians; patients' problems or situations in any specialty may not always have an
answer. Indeed, relevant and sometimes crucial information may be elusive. Some patients with serious psychiatric illness have no contactable family or friends or
obtainable past documentation. Therefore, a general history about childhood and premorbid personality and
functioning cannot be determined. In fact, psychiatric
symptoms may not be visible: establishing the precise
nature of the psychiatric diagnosis may sometimes be
impossible.
Working with such uncertainty - barriers to adequate
and effective management - is a difficult and sometimes
frustrating lesson in itself. Methods of obtaining even
small pieces of information can amount to full blown
detective work, and this is the opportunity to refine clinical skills, including increased patience and persistence
and taking patients' histories from third parties. This situation emphasises the importance of questioning everything and using and evaluating every piece of evidence
available.
Doctor-patient interactions in forensic psychiatry may
be more challenging than in any other specialty. Patients'
accounts of symptoms are less reliable due to lack of
insight, hostility due to detention, or a longing for
increased freedom. This unreliability may be unintentional, but intentional misrepresentation of mental state
also is all too common. This presents a huge problem
when trying to assess not only the psychiatric condition
but also the risk the patient poses. It is difficult to think of
another specialty in which such significant numbers of
patients think they are not ill; try persistently to convince
you they are well; and are admitted and detained against
their will. The dissonance between patients' goals and
healthcare goals can be immense: "Why should I take my
antipsychotics, which make me feel more and more
uncertain, when my voices have always instructed me
what to do?"
Assessment of competence can be critical to appropriate, fair, and effective management, therefore. These rare
experiences may provide insights into developing skills in
managing difficult patients in more general settings and
effectively eliciting relevant information from uncooperative patients.
Controlled settings
On university based community psychiatric placements,
many of the patients whom medical students encounter
are well controlled with minimal active symptoms. Settings such as forensic psychiatry inpatient wards, as well as
prison clinics, provide experience of acutely psychotic and
relapsing patients. Medical students may witness the
speed at which severe relapses can occur. Retrospectively,
early warning signs of relapses can be identified. This provides a lesson in earlier detection of relapses in the future.
At times, the hostility or delusional beliefs of forensic
psychiatry patients may provoke anxiety. In some situations, they may represent a danger. Medical students gain
experience of management and care provision to (potential) offenders. This may be of use in many future careers.
Threatening, hostile, and (potentially) criminal behaviour,
perhaps alcohol or drug induced, can be encountered in
an emergency department as a junior doctor or in a general practitioner's surgery. In such situations not only may
levels of security be lower but also management of such
patients may not be instinctive unless it has been previously observed.
A question of risk
Risk assessment and management underlie significant
portions of the work done by all medical, surgical, and
psychiatric professionals. But in forensic psychiatry,
risk assessments and their use in management are crucial in terms of the safety of
patients, staff, and public. The focus
must be shifted away from patients'
offending behaviour to gain a deeper
understanding of the underlying factors in their disorder, but their criminal behaviour must not be forgotten.
Patients are capable of violent or
criminal acts, given the right circumstances. Risk assessment involves the
identification of what the "right circumstances" are for each patient.
Consideration must be given to environment, management, concordance
with management, current mood,
current and past symptoms, previous
triggers for offending behaviour, and
the patient's insight into their condition. Interviews and medical and
legal documentation can help identify potential risk factors for future
violent or criminal behaviour.
Rigorous risk assessment techniques importantly show not only the
value of adequately assessing risk but
also the breadth of factors to consider. This can be relevant whatever
specialty you choose.
Medicine meets law
People working in forensic psychiatry
must have an understanding of mental health legislation, the criminal justice system, and how these relate to
each other. Forensic psychiatrists
must be aware of the criteria for
being found guilty and legal definitions of responsibility, diminished
responsibility, and fitness to plead,
because professional assessments
may be used to inform the judge's
decisions about such issues.
In addition, the options for what to
do with offenders brought to court
must be understood in order to reach
medical and criminal justice goals.
For example, patients may be prisoners found guilty in court and in need
of care in prison or in a forensic
psychiatry hospital - this may be
temporary or long term. The options
for offenders found not guilty
because of insanity or who are unfit
to plead must be understood by
forensic psychiatry teams. Offenders
may be sentenced to forensic psychiatry inpatient care for example,
people for whom unfitness to plead
is due to a mental rather than physical disorder. Or they may be provided with a supervision order for
example, people who need support
and treatment to prevent the disorder that led to the offence. Or they
may be given an absolute discharge for example, if the alleged offence
was trivial. The criteria for each of
these options differ, and forensic psychiatry reports, assessments, and
management of the patient may
influence the decision on which criteria are fulfilled.
The interaction between medicine
and law can present interesting
problems. For example, the ethical
problems inherent in prison consultations, during which prison officers or prison healthcare staff, there
for safety, may overhear all that is
said. In addition, forced detention,
either in prison or in a forensic psychiatry hospital, imposed by the
criminal justice system, may undermine the medical treatment of psychiatric disorders. Patients may
undertake treatment, aimed at reducing their symptoms and risk, in the
belief that it will hasten their release,
consequently patients and doctors
may be working towards different
goals. You can learn to critically evaluate the effects of situation, environment, and reasons for concordance
with management plans on recovery,
reporting of symptoms, and the
patient's satisfaction with care.
Not just in hospital
Forensic psychiatry provides many
opportunities to experience settings
in high, medium, and low security
forensic hospital units. Assessments
of alleged offenders and prisoners
and provision of professional opinions on psychiatric patents are commonly sought from all members of
the forensic psychiatry team. Therefore, courts, prisons, general psychiatric institutions, and the community
are regular haunts for people working in forensic psychiatry. Working
within a forensic psychiatry team,
which includes nurses, social workers,
and consultants, you can expect to
visit all these settings within a week.
Patients may have drug or alcohol
problems, which gives students exposure to the treatment of addiction. A
placement in forensic psychiatry may
open your mind to careers in general
psychiatry, prison medicine, substance misuse rehabilitation, or even
medical law.
Freedom
As with most undergraduate placements, they are more varied experience than the work in postgraduate
post. The latter often involves administration and sometimes little patient
contact. Medical students have the
luxury of being able to cherry pick
the exciting, interesting, or thought
provoking experiences.
Multidisciplinary teams allow
sometimes heated discussion on
patients' management and enables a
more open minded view of and
exposure to the roles of other professionals and approaches to care. Multidisciplinary teams also ensure that
at least one member of the team is
doing something of interest at any
one time. Experience of multidisciplinary teams is invaluable in medical
school exams and future job applications. Knowing the roles and
approaches to care of many types of
healthcare professional on a multidisciplinary team helps logical and
thorough planning of management.
Educational and self help groups
and services give an insight into the
non-doctor-patient relationships of
forensic psychiatry patients. Such
groups highlight the issues that are
important to patients and their
carers. And patients and carers are
often more open about their illness
and crimes with others than they are
with doctors.

BSIP, LAURENT/SPL
Neither mad, nor bad
And finally
Forensic psychiatric patients are
complex, challenging, and fascinating, perhaps not uniquely. They provide great scope and opportunity for
medical students to research unusual
and criminal cases; to gain deeper
understanding on how psychosocial
backgrounds interact with mental
health; to present interesting cases;
and to produce publications. With so
many social, political, ethical, legal,
and medical concerns surrounding
these patients, most medical students
will meet at least one exciting case.
Forensic psychiatry may lead to a
career that you've previously thought
little about, whether it is forensic psychiatry or one of the associated areas
of medicine and law. After a placement, you might find yourself with
fewer judgmental attitudes toward
people with a criminal past, questioning any remaining discriminatory
beliefs, and having a greater understanding of generally stigmatised
patients. This is undoubtedly of
benefit to a practising clinician.
More reading
- Sandford J. Career focus: forensic psychiatry. BMJ
1999;319:2-3
- Mullen PE. Forensic mental health. Brit J Psych
2000;176:307-11
- McGauley G, Campbell C. Do medical students need
to know anything about forensic psychiatry? Crim
Behav Ment Health 2004;14(suppl):s6-11
Competing interests: None declared.
Elisabeth Cottrell, final year medical student, Manchester/Keele Medical School
Email: elizabethcottrell@hotmail.co.uk
Adrian Grounds, senior lecturer in forensic
psychiatry, Institute of Criminology, Cambridge
studentBMJ 2006;14:309-352 September ISSN 0966-6494