CASE STUDY

Case Study

Case Study

Case Scenario

Bill Smith lives in Wolverhampton, is 21 years of age but has a mental age of 11. He also suffers from Asperger's Syndrome. He has begun to visit a number of extremist web-sites and as a result has become 'radicalised'. He is 'groomed' on-line by a terrorist group operating in Africa and is given instructions as to how to construct explosive devices. He is encouraged to target, for a terrorist attack, a public house which is known to be frequented by off-duty police officers. He begins to purchase a number of household cleaning products, a rucksack and nails with a view to constructing a viable explosive device.

In preparation for the terrorist attack he begins to experiment with small amounts of explosives in his back garden. These small explosions are witnessed by a neighbour who reports the matter to West Midlands Police. The police become concerned as to Bills' activities and place him under surveillance, photograph him and begin to track his computer use and telephone calls. They also encourage the neighbour to develop a rapport with Bill and report any conversations they might have with him to the police.

The police officers involved in the surveillance of Bill report that he has begun to visit the vicinity of the public house. It is decided to stop search Bill and a PC Khan is instructed to conduct the procedure when Bill is near the public house.

It is decided that Bill poses such a risk to the public that he should be arrested. West Midlands Police apply to Wolverhampton Magistrates Court for a warrant to enter and search his premises. Bill is arrested at his home address. When he arrives at Bilston Street Police Station Bill outlines his medical conditions to the custody officer, Sgt Whitehouse. During Bill's interview at the police station he is denied periods of rest and sleep and he is subjected to a very intensive and 'robust' interrogation during which he makes a number of confessions.

During Bill's subsequent trail at Wolverhampton Crown Court the defence seek to challenge the admissibility of the confessions.

Analysis

Bill Smith case related to the recent developments in mental health laws in the United States, especially as they relate to uses of the concept of "dangerousness" in the civil and criminal commitment of the mentally ill. In addition to providing a brief overview of the U.S. legal system and noting the importance of the Rule of Law, Bill Smith review the historical development and current status of the relevant laws, provide some basic epidemiological statistics, and refer to some of the considerable body of extant empirical research in the field.

Bill Smith Preventing behavior perceived as "dangerous" or "harmful" is a fundamental concern of all societies and one that all governments pursue in earnest. While the imposition of the criminal sanction is the principal method used by most societies to limit and control the occurrence of harmful acts, a variety of educational, health, mental health, and welfare laws are also ...