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ABSTRACT
Background Previous studies of relationships between mental disorder and crime have
tended to group the mental disorders, the crimes or both, leaving uncertainty about a
more specific mental disorder: crime relationships.
Objective To examine the relationship between types of mental disorder and types of
crime in pre‐trial defendants.
Method Data were extracted from 21,424 pre‐trial forensic psychiatric reports made
between 2000 and 2006 in the Netherlands. We compared the prevalence of axis I dis-
orders, personality disorders, intellectual functioning and substance abuse in defendants
charged with a range of crimes (homicide, attempted/threatened homicide, assault, bat-
tery, rape, sexual crimes, arson and/or property crimes) using chi‐square tests. Rela-
tionships with diminished accountability, reflecting a direct relationship with
underlying mental disorder, were calculated using multivariate regression models, ad-
justed for age, gender, ethnicity and history of judicial contact.
Results Arson had the strongest relationship with mental disorders in our sample, then
assaults, then homicidal attempts or threats. Sexual and property crimes had the weakest
relationship with diminished or absent accountability. Diminished accountability had the
strongest relationship with psychotic disorders, followed by organic psychosyndromes and
developmental disorders, whereas other axis I disorders, personality disorders or an IQ
score of <85 points were only moderately related. These relationships varied little
according to the type of crime, although tended to be weaker for defendants in property
crimes. Cannabis and hard drugs were significantly associated with decreased account-
ability only in respect of arson.
Discussion Mental disorders are related to all types of crimes but especially to arson,
battery and homicidal attempts or threats, with a court finding of diminished account-
ability providing some validation for perceived links between the disorder and crime in
this study.
Implications for practice
• Psychiatric assessment is likely to be the most useful for defendants under charges of
arson, assault or attempted homicide, as these groups are most likely to suffer from a
psychiatric disorder related to the alleged offence.
• Psychotic, organic and some developmental disorders appear to have the strongest
relationship with diminished accountability.
• Findings with respect to illicit drug use are likely to have more varied implications be-
tween jurisdictions but, in the Netherlands, may sometimes be accepted as diminishing
accountability in defendants of arson. Copyright © 2011 John Wiley & Sons, Ltd.
Introduction
Patients suffering from mental disorders are more often convicted for crimes than
the general population (Wallace et al., 1998; Arseneault et al., 2000; Brennan
et al., 2000; Walsh et al., 2002), some showing that all types of crime are repre-
sented (Taylor and Gunn, 1984; Hodgins, 1992; Modestin and Ammann, 1995;
Mullen et al., 2000; Wallace et al., 2004) and others that there is only a relation-
ship with violent offences (Lindqvist and Allebeck, 1990; Wessely et al., 1994;
Tiihonen et al., 1997; Wessely, 1997; Silver et al., 2008). In line with the latter,
several studies found a relationship with sexual offences (Wallace et al., 2004;
Alden et al., 2007; Silver et al., 2008), whereas other studies could not confirm
this relationship (Modestin and Ammann, 1996; Wessely, 1997; Mullen et al.,
2000). A limitation, however, is that most analyses have been done either between
one type of disorder (e.g., schizophrenia) and various types of offending or between
one type of offence (e.g. homicide or sexual offending) and various types of disorder.
Moreover, offending is usually broadly categorised, such as “violent offending” and
“sexual offending”. Furthermore, associations between the presence of mental disor-
ders and criminal offences do not explain the relationships. A psychotic disorder
may be related to violent offences because a psychosis limits the cognitive ability
for making a rational choice between behavioural alternatives, but a property crime
by a psychotic patient may be caused by need for money (e.g. for drugs). Thus, even
if mental disorders are related to specific types of crime, the underlying mechanisms
may differ, and there is still uncertainty whether specific types of mental disorder are
related to specific types of offending.
In Dutch courts, accountability is considered to be diminished if there is a
clear relationship between a mental disorder and the crime committed (Van
der Leij et al., 2001). Five degrees of responsibility are recognised: complete re-
sponsibility, slightly diminished, diminished, severely diminished and total
Method
The sample
A total of 21,857 reports for 19,414 defendants were identified for 7 years,
2000–2006. The number of reports (n = 21,857) was used as unit of analysis,
because the interest was in the relationship between specified crime and the
disorder as diagnosed at that time. In fact, when we excluded the 2,430 people
with multiple reports, the results were similar (Vinkers et al., 2009).
The procedures
We extracted all pre‐trial reports made between 1 January 2000 and 31 December
2006 from the Forensic Report Information System (FRIS) database. The purpose
of a pre‐trial psychiatric report is to provide the Court with information about the
defendant’s mental state. In the Netherlands, the reporting psychiatrist is expected
to say whether the defendant suffers from a mental disorder or impairment in intel-
lectual development, and if the defendant is found guilty by the court, to what
extent such a condition is related to the crime, to what degree the defendant should
thus be held responsible and whether treatment may prevent the defendant from
repeating the crime. Suspicion that a defendant suffers from a mental disorder is
derived from information about the defendant and the nature of the crime for
which he or she is indicted (Van Kordelaar, 2002). The examining judge or public
prosecutor issues an order for a pre‐trial psychiatric report and the Netherlands
Institute for Forensic Psychiatry and Psychology (NIFP) then assigns one or more
of the 650 forensically trained psychiatrists or psychologists to do so. The NIFP
also reviews the quality of the reports and maintains the nationwide pre‐trial
report database (FRIS).
Demographic and psychiatric information is provided by the reporting psychia-
trist or psychologist by means of a form with fixed categories.
Demographic information consists of age, gender and history of judicial contact.
Analyses
To examine the relationship between mental disorders and different types of
crimes, the prevalence of indicted crime per grade of accountability was com-
pared using chi‐square tests. We examined the relationship between types of
crimes and diminished accountability, valuing absent accountability at 1,
strongly diminished accountability 0.75, diminished accountability 0.5, slightly
diminished accountability 0.25 and undiminished accountability 0. Differences
in means were tested with an ANOVA test. In multivariate regression models
with diminished accountability as the dependent variable, we adjusted for age,
gender, ethnicity and history of judicial contact. The relationship is expressed
by a beta, which reflects the strength of the correlation between mental disorder
and diminished accountability. The regression models for mental disorders and
accountability include all mental disorders. The analyses were performed with
SPSS 16.0 (IBM Corp., Somers, NY, USA).
Results
All Homicide Homicidal attempt Assault Battery Rape Sexual Arson Property
(n = 21424) (n = 1020) of threat (n = 4375) (n = 4084) (n = 1532) (n = 1492) (n = 2039) (n = 1455) (n = 5427)
Axis I disorders 11717 (54.7) 408 (40.0) 2337 (53.4) 2337 (57.2) 815 (53.2) 696 (46.6) 1137 (55.8) 825 (56.7) 2985 (55.0)
(total)
DOI: 10.1002/cbm
(2011)
Personality 10744 (50.1) 519 (50.9) 2253 (51.5) 1969 (48.2) 819 (53.5) 677 (45.4) 940 (46.1) 759 (52.2) 2808 (51.7)
disorder (total)
Cluster A 367 (1.7) 20 (2.0) 87 (2.0) 74 (1.8) 43 (2.8) 19 (1.3) 32 (1.6) 28 (1.9) 64 (1.2)
Cluster B 4275 (20.0) 216 (21.2) 1008 (23.0) 853 (20.9) 348 (22.7) 227 (15.2) 218 (10.7) 307 (21.1) 1098 (20.2)
Cluster C 679 (3.2) 58 (5.7) 112 (2.6) 81 (2.0) 39 (2.5) 45 (3.0) 149 (7.3) 74 (5.1) 121 (2.2)
NOS 3919 (18.3) 198 (19.4) 843 (19.3) 614 (15.0) 310 (20.2) 291 (19.5) 466 (22.9) 279 (19.2) 918 (16.9)
DOI: 10.1002/cbm
(2011)
Vinkers et al.
Homicidal assault
All Homicide of threat Assault Battery Rape Sexual Arson Property
Undiminished 3984 (18.6) 259 (25.4) 720 (16.5) 782 (19.1) 232 (15.1) 291 (19.5) 479 (23.5) 195 (13.4) 975 (19.0)
Slightly 8392 (39.2) 309 (30.3) 1564 (35.7) 1743 (42.7) 588 (38.4) 565 (37.9) 775 (38.0) 486 (33.4) 2273 (44.2)
diminished
Diminished 526 (23.9) 239 (23.4) 1140 (26.1) 908 (22.2) 400 (26.1) 361 (24.2) 517 (25.4) 448 (30.8) 1048 (20.4)
Strongly 1068 (5.0) 63 (6.2) 264 (6.0) 179 (4.4) 115 (7.5) 18 (1.2) 68 (3.3) 109 (7.5) 183 (3.6)
diminished
Absent 1018 (4.8) 58 (5.7) 340 (7.8) 202 (4.9) 107 (7.0) 39 (2.6) 23 (1.1) 113 (7.8) 120 (2.3)
DOI: 10.1002/cbm
(2011)
Relationships between mental disorder and crime
Figure 1: The relationship between type of crime and diminished accountability, valuing absent
accountability at 1, strongly diminished accountability 0.75, diminished accountability 0.5, slightly
diminished accountability 0.25 and undiminished accountability 0 (ANOVA, X2 = 27.101,
p < 0.001)
gender, ethnicity and history of judicial contact. The beta reflects the strength of
the relationship between mental disorder and diminished accountability. For all
crimes, psychotic disorders have a strong relationship with diminished account-
ability [β = 4.35 (4.22–4.48), p < 0.001], followed by organic psychosyndromes
[β = 2.91 (2.64–3.18), p < 0.001] and developmental disorders [β = 2.20
(2.04–2.36), p < 0.001]. Affective disorders [β = 1.62 (1.50–1.74), p < 0.001],
ADHD [β = 1.32 (1.16–1.48), p < 0.001] and an IQ lower than 85 points
[β = 1.13 (1.04–1.22), p < 0.001] were moderately strong related to diminished
accountability for all different types of crimes.
From the specific psychiatric disorders, psychotic disorders were associated
with all different types of crimes, except rape [β = 1.46 (0.99–1.93),
p < 0.001]. Developmental disorders were most strongly associated with homi-
cide [β = 3.28 (2.71–3.84), p < 0.001]. Paraphilia was specifically associated with
rape [β = 2.57 (1.72–3.42), p < 0. 001], assault [β = 1.90 (0.37–3.43), p < 0.001]
and homicide [β = 1.46 (0.99–1.93) p < 0.001]. Personality disorders were espe-
cially associated with sexual crimes [β = 1.49 (1.21–1.76), p < 0.001] and homi-
cide [β = 1.25 (0.97–1.54), p < 0. 001]. An IQ lower than 85 points was most
strongly related to sexual crimes [β = 1.64 (1.32–1.97), p < 0. 001]. Cannabis
and hard drugs were only significantly associated with decreased accountability
in arson [β = 0.28 (0.08–0.48), p < 0.001 and β = 0.22 (0.02–0.41), p < 0.001,
respectively].
Table 3: Relationship between mental disorders and diminished accountability in defendants charged with different types of crimes
a
Axis I disorders
DOI: 10.1002/cbm
(2011)
b
Axis I disorders Rape (n = 1492) Sexual (n = 2039) Arson (n = 1455) Property (n = 5427)
ADHD 1.35 (0.60–2.10)** 1.43 (0.68–2.17)** 1.34 (1.05–1.63)** 1.37 (1.07–1.67)**
Affective disorders 1.43 (0.92–1.94)** 1.18 (0.73–1.63)** 1.36 (1.10–1.62)** 1.35 (1.07–1.63)**
Conduct disorder 0.44 (−0.46–1.33) 0.88 (0.26–1.50)* 0.85 (0.66–1.04)** 0.88 (0.63–1.07)**
Developmental disorders 1.02 (0.57–1.48)** 2.49 (1.97–3.02)** 2.10 (1.78–2.42)** 2.11 (1.78–2.44)**
Organic psychosyndrome 3.28 (2.71–3.84)** 4.87 (3.76–5.97)** 3.57 (3.00–4.15)** 3.66 (3.05–4.27)**
*p < 0.05.
**p < 0.001. Estimated betas from regression models adjusted for age, gender, ethnicity and history of judicial contact, valuing absent accountability at 1,
strongly diminished accountability 0.75, diminished accountability 0.5, slightly diminished accountability 0.25 and undiminished accountability 0.
ADHD = attention deficit hyperactivity disorder.
Relationships between mental disorder and crime
DOI: 10.1002/cbm
(2011)
Vinkers et al.
Discussion
only an indirect association, for example through low socio‐economic status, previ-
ous institutionalisation or substance abuse (Monahan and Steadman, 1983;
Robertson, 1988; Arboleda‐Florez et al., 1998; Brennan et al., 2000; Wallace
et al., 2004) or a common antecedent. Furthermore, mentally ill offenders are
more easily caught by the police than healthy persons (Teplin, 1984; Robertson,
1988). Underlying mental disorders in defendants are thus not automatically re-
lated to the indicted crime. For example, the shoplifting of an addicted person
suffering from schizophrenia may be caused by poverty and not by psychotic
symptoms. In defendants of property crimes, we indeed found a high prevalence
of mental disorders, but the odds ratio of a diminished accountability is low. This
suggests that mental disorders do not in themselves lead to property crimes but
through confounding factors. Defendants of homicide have a low prevalence of
mental disorders, but they are relatively often considered as diminished account-
able. This is in line with the deviance hypothesis, which states that severe crimes
are more often related to mental disorders (Silver et al., 2008). Defendants of
rape and sexual crimes are more often considered as accountable in comparison
with other defendants and suffer less often from mental disorders, with the excep-
tion of paraphilia, development disorders and impaired intellectual functioning.
Conflict of Interest
References
Alden A, Brennan P, Hodgins S, Mednick S (2007) Psychotic disorders and sex offending in a
Danish birth cohort. Archives of General Psychiatry 64: 1251–1258.
Arboleda‐Florez J, Holley H, Crisanti A (1998) Understanding causal paths between mental illness
and violence. Sociological Psychiatry and Psychiatric Epidemiology 33: S38–S46.
Arseneault L, Moffitt TE, Caspi A, Taylor PJ, Silva PA (2000) Mental disorders and violence in a
total birth cohort. Archives of General Psychiatry 57: 979–986.
Brennan PA, Mednick SA, Hodgins S (2000) Major mental disorders and criminal violence in a
Danish birth cohort. Archives of General Psychiatry 57: 494–500.
Bulten E, Nijman H, van der Staak C (2009) Psychiatric disorders and personality characteristics of
prisoners at regular prison wards. International Journal of Law and Psychiatry 32: 115–119.
Eronen M, Hakola P, Tiihonen J (1996) Mental disorders and homicidal behavior in Finland.
Archives of General Psychiatry 53: 497–501.
Hodgins S (1992) Mental disorder, intellectual deficiency, and crime. Archives of General Psychiatry
49: 476–483.
Lindqvist P, Allebeck P (1990) Schizophrenia and crime. A longitudinal follow‐up of 644 schizo-
phrenics in Stockholm. The British Journal of Psychiatry 157: 345–350.
Modestin J, Ammann R (1995) Mental disorders and criminal behaviour. The British Journal of
Psychiatry 166: 667–675.
Modestin J, Ammann R (1996) Mental disorder and criminality: Male schizophrenia. Schizophrenia
Bulletin 22: 69–82.