Prosecuting Psychiatric Patients for Assault

Abstract

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.