Prosecuting Psychiatric Patients for Assault
Lillian A. Phelan R.N.,M.S.N.1,
Mark J. Mills J.D.,M.D.2, and
Jane A. Ryan R.N.,M.N.3
1 Antelope Valley College, 3401 West Avenue K, Lancaster, California 93534
2 The Psychiatry Service at the Brentwood Division of the West Los Angeles Veterans Administration Medical Center, The Neuropsychiatric Institute and Clinics of the University of California at Los Angeles, The Department of Psychiatry and Bio-Behavioral Sciences at UCLA
3 Nursing Services at the UCLA Neuropsychiatric Institute, The UCLA School of Nursing
Dr. Eth's Introduction: This month's column addresses one issue associated with the major social problem of violence: should charges be filed against an assaultive psychiatric patient? Although the judicial system is responsible for determining whether the accused is actually guilty of a crime, the judicial process will not be initiated unless the incident is reported to the authorities. Ultimately it falls to the psychiatric professional to seek prosecution of the assaultive patient. The decision to bring charges raises ethical questions about moral accountability, confidentiality, dangerousness, protection, paternalism, and a host of other conflicting concerns.
