Editor—Eastman’s editorial brought the debate about dangerousness and mental disorder to a wider audience.1 Unfortunately, he failed to point out that the preventive detention of those with untreatable mental disorders is already widely practised in England. Under the Mental Health Act (1983) people with mental illness or severe mental impairment can be detained indefinitely in hospital regardless of response to treatment and on grounds of risk to self as well as others. Secure and open psychiatric hospitals are full of such patients.
If Eastman was concerned that possible new legislation might challenge both the “civil liberties of the unconvicted and those designated untreatable” then surely this concern should extend to the current legislation affecting people with a mental illness or mental impairment. Many psychiatrists find it convenient to make a strong distinction between personality disorder (a largely social condition) and mental illness or impairment (a wholly medical one) and hence view them from different ethical standpoints. Unfortunately, modern neurobiology does not make such a clear distinction.2 It seems paradoxical that statistically less dangerous mentally ill people are subject to easier and more widespread detention than the more dangerous people with personality disorder.
There is little moral, medical, or scientific distinction between people with mental illness (that is, Asperger’s syndrome) and those with personality disorder (that is, schizoid personality disorder). The government’s proposals are that doctors’ current role as public protectors should be extended to include both groups. This poses new clinical, legal, and practical problems but no new ethical ones.
References
- 1.Eastman N. Public health psychiatry or crime prevention? BMJ 1999 318:549-51. (27 February.) [DOI] [PMC free article] [PubMed]
- 2.Hollander E, Stein D J. Impulsivity and aggression. Chichester: John Wiley; 1995. [Google Scholar]