While the role of the law is to maintain order and achieve justice, often times, such as in cases involving mental illness, the operation of justice can involve ethical, legal, social, and medical issues which creates arguments about the balance of rights relating to effective treatment and lack of insight. Many of these issues arise when the subject of involuntary detention and treatment of mentally ill persons is discussed.
Mentally ill people suffer from some of the greatest challenges of any socially disadvantaged groups, which is partially due to overlap with other groups, but largely due to problems specific to the mentally ill. This includes prejudice from the public resulting in stigmatisation. Stigmatisation of mental illness leads to the propagation of myths and falsehoods, such as the widely held view that mentally ill persons …show more content…
Some cases have been brought against state health services for their failure to deprive persons of their liberty before they went on to commit a crime, such as McKenna v Hunter & New England Local Health District; Simon v Hunter & New England Local Health District [2013] NSWCA 476, where to Hunter & New England Local Health District was found to be liable to the family of a man who was murdered by a patient. The case of Presland v Hunter & New England Local Health District [2003] NSWSC 754; BC200304853, the finding was similar to the above cases, finding that Hunter & New England Local Health District was responsible for failing to detain Mr Presland, however the decision was overturned by appeal in the NSW Court of Appeal in 2005, finding that there was no common law duty of care and that there were problems to the issue of
Mentally ill people suffer from some of the greatest challenges of any socially disadvantaged groups, which is partially due to overlap with other groups, but largely due to problems specific to the mentally ill. This includes prejudice from the public resulting in stigmatisation. Stigmatisation of mental illness leads to the propagation of myths and falsehoods, such as the widely held view that mentally ill persons …show more content…
Some cases have been brought against state health services for their failure to deprive persons of their liberty before they went on to commit a crime, such as McKenna v Hunter & New England Local Health District; Simon v Hunter & New England Local Health District [2013] NSWCA 476, where to Hunter & New England Local Health District was found to be liable to the family of a man who was murdered by a patient. The case of Presland v Hunter & New England Local Health District [2003] NSWSC 754; BC200304853, the finding was similar to the above cases, finding that Hunter & New England Local Health District was responsible for failing to detain Mr Presland, however the decision was overturned by appeal in the NSW Court of Appeal in 2005, finding that there was no common law duty of care and that there were problems to the issue of