In general, people who could not recognize the nature of their behavior shall not be responsible for the result of their act. It is called "not guilty for the reason of insanity (NGRI)" adopted in most developed nations. Once identified as NGRI, they are likely to be sent to a forensic psychiatric hospital for treatment and supervision, with being released from the prison.
However, this scheme is nonfunctional in some cases, for various reasons in many countries. In Canada, a lot of people are inappropriately incarcerated, according to the author of this article below.
The Star: People with mental illness too often landing in prison instead of hospitals, experts say
I was surprised to know that the situation in Canada is quite similar to that in Japan. Of course, superficial understanding is not enough for an expert. But, also in Japan, it is likely many mentally disordered offenders are imprisoned, especially in the case of serious crimes. And, some lawyers wonder which is better for clients, incarcerated for a short time or supervised by the probation officer for years.
On the other hand, many people with mental disorders who committed a crime are not judged in the court trial in Japan. It is because the prosecutor can decide not to prosecute suspects whose criminal responsibility is doubtful. In addition, the police cannot detain people with severe mental disorders. Therefore they often call for administrative involuntary hospitalization ordered by the prefectural governor.
The goal of forensic mental health service is secure people, regardless of their psychiatric status, from tragedies due to mental disorders. Neither getting patients out from prison nor monitoring and controlling them is the ultimate goal. We should do a balanced discussion.
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