Perceptions of Mental Health Conditions in Criminal Cases: A Survey Study Involving Swedish Lay Judges

Karolina Sörman,Marissa Stanziani,Claes Lernestedt,Marianne Kristiansson,Charlotte Eklund Rimsten,Katarina Howner,Jennifer Cox

doi:10.1177/0093854820910774

Abstract

Perceptions of mental health conditions influence how individuals with psychiatric diagnoses are treated within the community, in the legal system, and at different institutions. We examined perceptions of mental health conditions among lay judges ( N = 643), working at district and appellate courts throughout Sweden. Participants read a web-based survey including a crime vignette in which the person charged with a crime was described as having schizophrenia ( n = 186), antisocial personality disorder (ASPD) with psychopathic traits ( n = 219), or intellectual disability ( n = 238). Participants’ perceptions of schizophrenia were largely in line with Swedish legislation regarding the medicolegal concept of severe mental disturbance (SMD). Findings were more varied for the other two conditions, however. Perceptions of individuals with ASPD with psychopathic traits were not consistent with the Swedish SMD legislation. The results highlight the complexity of legislation addressing mental illness and criminality.

Highlights

Perceptions of mental health conditions influence how individuals with psychiatric diagnoses are treated within the community, in the legal system, and at different institutions
This perception is partly incongruent with meta-analytical work demonstrating that, schizophrenia and other psychoses are associated with violent behavior, in particular homicide, this association seems to be largely driven by concurrent substance abuse (Fazel et al, 2009)
More participants in the schizophrenia condition identified him as severe mental disturbance (SMD) compared with both the antisocial personality disorder (ASPD) with psychopathic traits condition and the intellectual disability (ID) condition

Summary

Introduction

Perceptions of mental health conditions influence how individuals with psychiatric diagnoses are treated within the community, in the legal system, and at different institutions. There seems to be a public perception that schizophrenia is related to violence and dangerousness (Angermeyer & Matschinger, 2004; Durand-Zaleski et al, 2012; Jensen et al, 2016; Markowitz, 2011). Lay people’s perceptions of mental illness may influence how individuals with psychiatric disorders are treated within the community, and whether they seek and comply with treatment (Corrigan et al, 2014).

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Conclusion