Maureen T. Barnes

Bio: Maureen T. Barnes is an academic researcher from University of Canterbury. The author has contributed to research in topics: Criminal justice & Plea. The author has an hindex of 2, co-authored 2 publications receiving 12 citations.

The Crime of Threatening to Kill

Abstract: Threatening to kill can be viewed as a coercive communication strategy intended to influence the behavior of the victim. Decision making about social responses to this crime is often problematic and raises a number of issues related to risk assessment. While these threats have been regarded as predictive of future violence, the extent to which data supports this assertion is unknown. This study reports on 102 people charged with threatening to kill who had been referred for psychiatric evaluation. There are at least two pathways leading to the common end point of threatening to kill. People who received criminal sanctions tended to have threatened within the context of a relationship breakdown and more frequently had personality and substance abuse difficulties. Those who received a psychiatric disposal were more often diagnosed with a psychotic disorder and were more likely to have threatened strangers or mental health professionals.

Characteristics of Criminal Defendants Referred for Psychiatric Evaluation

Abstract: This paper describes the socio-demographic and clinical characteristics of a sample of criminal defendants who were referred to the Court Liaison Service for psychiatric screening Data has been extracted from the records of the Court Liaison Service and the psychiatric reports prepared for the courts Most defendants were male, Pakeha, and facing serious charges They had high rates of both previous psychiatric contact and criminal conviction Defendants who received the usual correctional sanctions are compared with those who were admitted to a psychiatric hospital as an outcome of their court appearance More defendants who received correctional sanctions were referred because of concerns about dangerousness and they had high rates of depression Most defendants who were hospitalised had diagnoses of schizophrenia or bipolar affective disorder There are four ways in which criminal defendants can be compulsorily hospitalised due to a mental disorder in New Zealand Each of these options has distinctly different theoretical justifications, historical origins and developments over time They functionally lead however to the same outcome for the defendant who becomes compulsorily confined in a psychiatric hospital The admission criteria do not directly equate with any diagnostic classification The legal standard for insanity, based on the McNaughten rules, requires the presence of `natural imbecility or disease of the mind' that impacts on the person's understanding of the nature or quality of the act or that it was morally wrong (section 23(2) Crimes Act, 1961) While there are definitional issues, disability in New Zealand equates with fitness to plead in other jurisdictions It necessitates mental disorder that interferes with the defendant's ability to plead, to understand the court proceedings or to communicate with counsel (section 108 Criminal Justice Act, 1985) A defendant convicted of a criminal offence can be sentenced to a psychiatric hospital if the court is satisfied that the person is mentally disordered and that detention in a hospital is necessary for the safety of the public or is in the defendant's own interests (section 118 Criminal Justice Act, 1985) When a defendant faces charges that are not serious, there may be negotiation which results in the police prosecutor agreeing to drop charges and proceedings being commenced under the Mental Health (Compulsory Assessment and Treatment) Act, 1992 International studies of the characteristics of criminal defendants who receive a psychiatric disposition have often employed samples of either insanity acquittees or those found unfit to plea or both There are differences in legal standards and in the consequences of these findings across jurisdictions which makes comparisons difficult Approximately 10% of American criminal defendants who receive a psychiatric disposition are female, (Callahan, Steadman, McGreevy, & Robbins, 1991; Zonana, Bartel, Wells, Buchanan, & Getz, 1990) Most studies have found that these defendants are older than other criminal defendants and prison populations (Jeffrey, Pasewark, & Bieber, 1988; Pasewark, Jeffrey, & Bieber, 1987; Rice & Harris, 1990) Generally no association has been found between the race of the defendant and an adjudication of insanity (Callahan et al, 1991; Pasewark et al, 1987); however a meta-analytic review found that members of minority ethnic groups were more likely to be judged incompetent (Nicholson & Kugler, 1991) Marital status does not discriminate between insanity acquittees and comparison groups (Pasewark et al, 1987) Most acquittees are unemployed (Boehnert, 1988; Jeffrey et al, 1988; Pasewark et al, 1987) and employment is less frequent than in comparison groups (Rice & Harris, 1990) Over 70% of defendants who receive a psychiatric disposition have been previously arrested (Jeffrey et al, 1988; Pasewark et al, 1987) Some researchers have found that many insanity acquittees faced charges for minor nonviolent and nuisance offences (Boehnert 1988; Golding, Eaves, & Kowaz, 1989) …

Stalking: A Multidimensional Framework for Assessment and Safety Planning.

Abstract: Despite the high prevalence of stalking and the risk of harm it poses to victims, arrest rates, prosecutions, and convictions for stalking continue to be low in the United States. The overall goal of this article is to introduce a multidimensional framework of stalking that adds to the current literature by (1) providing a conceptual framework consistent with legal elements of many stalking statutes to facilitate assessment, communication, documentation, and safety planning for stalking several victims; (2) introducing a more systematic way of assessing course of conduct and the context of fear in stalking situations in order to increase the understanding of cumulative fear for stalking victims; (3) emphasizing the aspects of stalking harm that go beyond violence and that show how harm from stalking accumulates over time including life sabotage; and (4) discussing 12 risk factors derived from the overall multidimensional framework that can be used to describe the big picture of stalking and to facilitate safety planning for victims. Implications for future research are discussed.

Threats to kill: a follow-up study

Abstract: Results. Within 10 years, 44 % of threateners were convicted of further violent offending, including 19 (3 %) homicides. Those with histories of psychiatric contact (40 %) had a higher rate (58 %) of subsequent violence. The highest risks were in substance misusers, mentally disordered, young, and those without prior criminal convictions. Homicidal violence was most frequent among threateners with a schizophrenic illness. Sixteen threateners (2.6 %) killed themselves, and three were murdered. Conclusions. In contrast to the claims in the literature that threats are not predictive of subsequent violence, this study revealed high rates of assault and even homicide following threats to kill. The mentally disordered were overrepresented among threat offenders and among those at high risk of subsequent violence. The mentally disordered threateners at highest risk of violence were young, substance abusing, but not necessarily with prior convictions. Those who threaten others were also found to be at greater risk of killing themselves or being killed.

The problem behavior model: the development of a stalkers clinic and a threateners clinic

Abstract: Traditionally, forensic mental health services have focused on the assessment and treatment of offenders with serious mental disorders. In recent years, there has been growing recognition that forensic clinicians have an important role to play for those offenders who engage in criminal acts driven by psychological or/and social problems, which may, or may not, occur in conjunction with a major mental disorder. This is especially true for specific offenses such as stalking and threatening. This article describes the innovation of the problem behavior model. This model uses a reductionist approach and the nexus between psychiatry and psychology to address the complex phenomena associated with specific problem behaviors that often culminate in offenses. The model is illustrated by describing the development of specialist clinics for the problem behaviors of stalking and threatening.

Filicidal Women: Jail or Psychiatric Ward?:

Abstract: Results: Of the sample, 18 women were found guilty, and 14 received a medical disposition. Of those who were the object of a penal disposition, most received a sentence that exceeded 2 years. Women who were sentenced to prison had a lower socioeconomic status and, compared with those who received a medical disposition, were more likely to have had a criminal and substance abuse history. Further, this latter subgroup of women were more likely to have a psychiatric history, to suffer from psychotic symptoms, and to become oriented to the mental health system immediately after their offence. Conclusions: These comparative results suggest that women’s profiles differ according to some descriptive variables. From a clinical point of view, however, these results do not suggest that a different approach with respect to treatment of filicidal women or prevention of filicide would be more appropriate. (Can J Psychiatry 2003;48:94–98)