The history of prosecuting individuals with dementia and
other mental illnesses is complex and has evolved over time. The treatment of
individuals with mental illnesses in legal contexts has seen significant
changes, reflecting shifts in societal attitudes, medical understanding, and
legal frameworks.
Ancient and Medieval Time
In ancient civilizations, such as Mesopotamia and Greece,
there was limited understanding of mental illnesses. Individuals with severe
mental disorders were often viewed as possessed by evil spirits or as outcasts.
Punitive measures, including imprisonment, torture, or
exorcisms, were common for those deemed to be "mad" or
"insane."
Middle Ages
In the Middle Ages, mental illnesses such as depression
or dementia were frequently regarded as a kind of punishment necessarily
imposed by God for sins committed. As the reason for dementia was not
elucidated rationally in this period, it was considered that abnormal
activities and mental symptoms generated in the dementia patients were due to
demon-possession, and thus naturally subject to hatred. Patients with dementia
were representative victims of a witch hunt that was widespread over the 14th
to 15th centuries.
In 1486, Malleus Maleficarum (Hammer of the Witches) was
published by Heinrich Kramer and Jacob Sprenger who were priests of the
Dominican order in the Roman Catholic Church. This book contained the criteria
to identify witches, instructions and methods for trial and execution of a
sentence, as a textbook of a witch hunt approved by Pope Innocent VIII. It was
revised dozens of times and spread throughout the world in various languages.
Hundreds of thousands have been burned dreadfully at the stake since the book
was published.
People designated as witches according to the criteria
defined in the ‘Hammer of the Witches’, were mainly mental patients, and most
of them were women with symptoms such as paranoia, mania, schizophrenia,
epilepsy and senile dementia. For no other reason than their mental
instability, they became victims of a witch hunt and a great number of people
across Europe were burned to ashes on the rack.
Renaissance and Enlightenment
During the Renaissance and Enlightenment periods, there
was a gradual shift in thinking about mental illness. It began to be seen as a
medical condition rather than solely a moral failing. Asylums were established
in Europe and North America to provide care and treatment for individuals with
mental disorders. However, conditions in these institutions were often
deplorable, and human rights abuses were widespread.
19th Century to Recent
The 19th century witnessed the emergence of more humane
approaches to the treatment of mental illness. Advocates like Dorothea Dix in
the United States pushed for better conditions in mental asylums and increased
access to treatment. Legal frameworks for handling individuals with mental
illnesses began to take shape, with a focus on involuntary commitment to mental
institutions for treatment.
The 20th century brought further advancements in
understanding mental illnesses through scientific research and the development
of psychotropic medications. Legal standards for determining the competency of
individuals with mental illnesses in criminal cases evolved. The insanity
defense became established in many legal systems, allowing for a plea of not
guilty by reason of insanity.
In the latter half of the 20th century and into the 21st
century, there has been a growing recognition of the rights of individuals with
mental illnesses in legal proceedings. Legal standards for determining
competency to stand trial and the use of the insanity defense vary from
jurisdiction to jurisdiction, but many legal systems have incorporated
principles of fairness and mental health treatment.
However, you may be surprised to learn that the maltreatment
of dementia patients (witch hunt) is still prevalent in some parts of the
world. In Ghana, Africa in November 2010, an old woman aged 72 years with
dementia such as amnesia was burned at the stake for being a so called ‘witch’.
In accordance with the survey conducted in this country in 2012, most people
still associate the dementia symptom with witchcraft. Such an incident resulted
from error or absence of understanding of dementia.
