Neither bad nor mad : the competing discourses of psychiatry, law and politics

Garry David's dramatic threats of violence against individuals and the community, as well as his acts of gross self-mutilation, set in train a discourse between psychiatry, the law and politics, which focused on the place of the severely personality-disordered in the institutional context. The Victorian Labor Government's determination to detain him in custody, in the absence of either criminality or a legally-defined mental illness, tested the way in which the historically uncertain boundary between 'madness and 'badness' is drawn, as well as the differences between the concept of a mental illness and a mental disorder. It is argued that Garry shared many of the characteristics of other personality-disordered prisoners', who are ultimately released and, therefore, the reasons for his preventive detention and singular actions of the Government need to be understood, especially in the light of the social justice strategies, which had enhanced the rights of mentally disordered offenders by limiting their detention in custody. A major theme explores why he was singled out, and the significance of the Government's decision to proceed with the implementation of 'one-person' legislation, which was clumsily drafted, out of step with fundamental legal principles, and came dangerously close to making him a martyr through the exercise of powers of attainder. A sub-theme considers the interaction between psychiatry and the law, particularly in the courtroom, and the different way in which each discipline constructs its response to the same problem. It was concluded that the state's unusual action was triggered by the coalescence of a number of factors, rather than any clear demonstration of Garry David's propensity for dangerousness, apart from his sel-mutilation. Of particular importance were: the arousal of intuitive fears about dangerous persons in the wake of some recent multiple killings; the Government's need to reaffirm its support for the Victoria Police; the influence of structural changes within forensic psychiatry; and finally, the way in which Garry's dramatic and articulate threats were intensified by his ability to violate his own body and by his unusual tenacity in resisting carceral pressure. The legacy of Garry David was three fold: more general preventive detention legislation was implemented under the provisions of the Sentencing Act 1991 (Vic); a niche was created for the treatment of some of the more severely personality-disordered; and the High. Court of Australia rejected singular legislation for dangerous persons. This case is a palpable demonstration of the need to safeguard the traditional distinction between the Executive and Judiciary, and it points to the inadvisability of governments directly intervening in professional areas of decision-making