Mental Illness is not a Crime: The Impact of the Adversarial Judicial System

Abstract

Objective: This paper challenges the adversarial judicial model of the Mental Health Review Tribunal. Following a brief history of the adversarial legal system, it questions the impact of imposing a legal environment on the mentally ill and on the traditional doctor/patient relationship. It also examines issues of poor communication and excessive bureaucracy.

Conclusions: The current legal process is inhumane, outdated, and inefficient. There is room for lateral thinking into developing a more appropriate and contemporary model to address issues of civil liberties and medical treatment for the mentally ill. One possible model could be made up of a non-judicial and independent team with appropriately trained staff, recruited from more ‘caring’ professions, with well-defined, but discretionary legal powers.

Editor's note: The continuum of training in psychiatry commences at university. Sydney University's new postgraduate medical program has adopted a different model to train students in aspects of psychological medicine. During their placement, students are being asked to think critically about, and if necessary challenge, current orthodoxies. The following essay, by a final year medical student, was written during a placement at Rozelle Hospital. The essay examines the impact of legal intervention on mental health. The author is currently an Intern at Nepean Hospital in Sydney. He has worked previously as a commercial and naval lawyer.