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Defining Mental Illness 163

forensic experts are responding to issues of civil justice. The six controversies pre

sented in this chapter reveal the degree to which psychologists influence outcomes

in both the formal and informal court system. Clearly, this chapter demonstrates

that, citizens are impacted by the legal system in a number of noncriminal contexts

and that trained forensic specialists assume vital roles in the process of determining

how best to address these concerns. As a matter of policy, then, the civil forensic

field, in relation to the legal system, presents the skilled practitioner with a different

set of issues to understand and/or interpret than its adult and juvenile counterparts,

In brief, at the core of this forensic subspeciality is a commitment to making peace

with crime and restoring justice to all those (mental health) citizens (potentially)

harmed or victimized within society.

DEFINING MENTAL ILLNESS

Introduction

What exactly is in mental illness and what is the significance of the concept for
issues in law and psychology? While the mental health community has generally
used the term "mental illness" somewhat haphazardly for purposes of diagnosis and
treatment (B. Winick, 1995), it assumes greater significance when its legal relevance
appears in a wide variety of contexts. Perhaps, most importantly, it is a prerequisite
for civil commitment (as in the case of Gina below) and for the insanity defense. In
these legal contexts, a precise definition of mental illness (or lack thereof) can have
profound effects on individuals within the legal system. Mental illness is also used
for determining competencies, such as competency to stand trial, to execute a will,
or to manage property (B. Winick, 1995). The definition of mental illness further
becomes an issue after an individual is found incompetent or legally insane. The
continued confinement of incompetent individuals or those found Not Guilty by
Reason of Insanity (NGRI) is only permissible by law if a continued manifestation
of mental illness exists.
Given the importance of the concept of mental illness in issues such as those
described above, its legal definition and operationalization have significant conse-
quences for psychology and the criminal justice system. The concern, however, is
that the very definition of mental illness is rarely (or perhaps never) made precise by
legislators, often resulting in broad, general descriptions. Consequently, issues that
rely on a finding of mental illness become confounded—it is difficult to find some-
thing when one does not know what it is he or she is looking for. Likewise, it is also
easy to find something when one does not know what one is looking for. Despite
the continuing controversy over the meaning of mental illness as a legal concern,
legislators and courts have done very little to clarify the issue. We now turn to the
concept of "mental illness" in more detail; specifically, within the context of civil
commitment and insanitv defenses.