The harsh reality of life after the verdict of not criminally responsible on account of mental disorder

Abstract

The finding of Not Criminally Responsible on account of Mental Disorder (NCRMD) is not a sentence, nor is it a finding of guilt or an acquittal. Rather, it is a disposition whereby the individual found NCRMD is found to be not criminally responsible for committing an offence. While the outlined objectives of the forensic mental health system are that of a rehabilitation and recovery centered around mental health treatment, the lived experiences of those in the forensic mental health system do not always reflect these objectives. Using a qualitative thematic analysis of interview transcripts of patients who were living in the forensic mental health system, this research sought to highlight similarities between the hardships experienced by those found NCRMD and those experienced by people in other carceral spaces. As a result, five themes were developed which highlighted the punishing experiences of those in the forensic mental health system: 1) Unheard and Ignored Voices; 2) Negative Interactions with Staff; 3) Loss of Identity; 4) Slow Moving Process; and 5) Unpleasant Environment. These themes were then analyzed against two different accounts of punishment: Hayes’ (2017) Flew-Benn-Hart account of punishment and Sykes’ (1958) conception of the pains of imprisonment to highlight the similar hardships between the prison system and the forensic mental health system.