Since the mid 1900s, individuals with mental illness have been sent to jail rather than to receive proper treatment. These patients should be able to receive treatment and care because it will be increasing the safety of not only the person themselves but also others surrounding them. Every year, nonviolent people are incarcerated for crimes that do not threaten the safety of others only because they have a mental illness. Because of this, 25-30% of inmates are mentally ill (McClealland 16). To prevent this, most jurisdictions have at least one criterion that is reflected on whether or not a person is posing a danger to themselves or others. Some other criteria which can also be connected to a danger such as a disability or inability to provide for one's basic human needs or that some treatment would be crucial for ones wells being. But being committed requires proof that hospitalizing the patient will be the least restrictive in addition to showing a sign of being dangerous ("Commitment." 26). Court stated that involuntary commitment procedures restrict a harmless person to live safely outside an institution despite the fact that they are mentally ill ("Commitment." 27). Polly Jackson Spencer, Bexar County Judge states, “We don't want to send people to jail if they are not a threat to society” (Dayak, Meena, and Gonzales 24). Forcing harmless individuals into jail will not help their illness. In fact, it will only worsen it. Jails are incapable of handling unstable individuals. Because of their incompetence to help inmates, there is a high number of mentally ill being beaten, mistreated, and killed by guards, or ultimately killing themselves (McClealland 16). Many jails don't even test their incoming inmates for any mental illn... ... middle of paper ... ...mmitment.” Gale Encyclopedia of American Law. Ed. Donna Batten. 3rd ed. Vol. 3. Detroit: Gale, 2010. 26-29. Gale Virtual Reference Library. Web. 3 Feb. 2014. Dayak, Meena, and Gilbert Gonzales. “Out of jail and into treatment: stakeholders in a Texas county work to improve the lives of offenders with serious mental illness.” Behavioral Healthcare 26.8 (2006): 24+. Gale Power Search. Web. 2 Feb. 2014. Draine, Jeffrey, and Phyllis Solomon. “Jail recidivism in a forensic case management program.” Health and Social Work 20.3 (1995): 167+. Gale Power Search. Web. 2 Feb. 2014. Horowitz, Alana. “Mental Illness Soars In Prisons, Jails While Inmates Suffer.” The Huffington Post. TheHuffingtonPost.com, 04 Feb. 2013. Web. 2 Feb. 2014. McClealland, Mac. “Schizophrenic. Killer. My Cousin. (Cover Story).” Mother Jones 38.3 (2013): 16. Science Reference Center. Web. 3 Feb. 2014.
Today, prisons are the nation’s primary providers of mental health care, and some do a better job than others. Pete Earley focuses his research on the justice system in Miami, Florida. He documents how the city’s largest prison has only one goal for their mentally ill prisoners: that they do not kill themselves. The prison has no specialized
Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)
...Streeter 275. Courtesy of the Tarlton Law Library, Jamail Center for Legal Research, The University of Texas at Austin, 2013. Web. 3 February 2014.
Vogel, Nancy. “Rehab in Prison Can Cut Cost, Report Says; Crowding Exacerbates High Recidivism Rate by Denying Inmates Useful Treatment, Experts Find.” Los Angeles Times: 0. Jun 30 2004. Proquest. Web. 24 Feb 2014
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
In the article “The Mentally Ill Are Mishandled by the Justice System”, Shannon explains how there are approximately 3000 mentally ill inmates in a prison who are unjustfuly sent there. Many mental illnesses are cause by post traumatic experiences such as being abused as a child or being sexually abused as a child. She also explains how many times judges and officers do not fully understand why mentally ill people do what they do, therefore they misunderstand the person’s actions and send them.
Thousands of people statewide are in prisons, all for different reasons. However, the amount of mental illness within prisons seems to go unaddressed and ignored throughout the country. This is a serious problem, and the therapy/rehabilitation that prison systems have do not always help those who are mentally ill. Prison involvement itself can contribute to increased suicide (Hills, Holly). One ‘therapy’ that has increased throughout the years has been the use of solitary confinement, which has many negative effects on the inmates.
Prior to taking this course, I generally believed that people were rightly in prison due to their actions. Now, I have become aware of the discrepancies and flaws within the Criminal Justice system. One of the biggest discrepancies aside from the imprisonment rate between black and white men, is mental illness. Something I wished we covered more in class. The conversation about mental illness is one that we are just recently beginning to have. For quite a while, mental illness was not something people talked about publicly. This conversation has a shorter history in American prisons. Throughout the semester I have read articles regarding the Criminal Justice system and mental illness in the United States. Below I will attempt to describe how the Criminal Justice system fails when they are encountered by people with mental illnesses.
The issue of executing mentally ill criminals has been widely debated among the public. They debate on whether it is right or wrong to execute a person who does not possess the capacity to think correctly. The mental illness is a disease that destroys a person’s memory, emotion, and prevent one or more function of the mind running properly. The disease affects the way a person thinks, feels, behaves and relates to others.When a person is severely mentally ill, his/ her ability to appreciate reality lack so they aspire to do stuff that is meaningless. The sickness is triggered by an amalgamation of genetic, and environmental factors not a personal imperfection. On the death penalty website, Scott Panetti who killed his mother in-law and father-in-law reports that since 1983, over 60 people with mental illness or retardation have been executed in the United States (Panetti). The American Civil Liberties Union says that it is unconstitutional to execute someone who suffered from an earnest mental illness (ACLU).Some people apply the term crazy or mad to describe a person who suffers from astringent psychological disorders because a mad person look different than a mundane human being. The time has come for us to accept the fact that executing mentally ill offenders is not beneficial to society for many reasons. Although some mentally ill criminals have violated the law, we need to sustain a federal law that mentally ill criminals should not be put to death.
The United States has the highest incarceration rate in the world and of that over sixty percent of jail inmates reported having a mental health issue and 316,000 of them are severely mentally ill (Raphael & Stoll, 2013). Correctional facilities in the United States have become the primary mental health institutions today (Adams & Ferrandino, 2008). This imprisonment of the mentally ill in the United States has increased the incarceration rate and has left those individuals medically untreated and emotionally unstable while in jail and after being released. Better housing facilities, medical treatment and psychiatric counseling can be helpful in alleviating their illness as well as upon their release. This paper will explore the increasing incarceration rate of the mentally ill in the jails and prisons of the United States, the lack of medical services available to the mentally ill, the roles of the police, the correctional officers and the community and the revolving door phenomenon (Soderstrom, 2007). It will also review some of the existing and present policies that have been ineffective and present new policies that can be effective with the proper resources and training. The main objective of this paper is to illustrate that the criminalization of the mentally ill has become a public health problem and that our policy should focus more on rehabilitation rather than punishment.
Wormith, J. S., Althouse, R., Simpson, M., Reitzel, L. R., Fagan, T. J., & Morgan, R. D. (2007). The rehabilitation and reintegration of offenders: The current landscape and some future directions for correctional psychology. Criminal Justice and Behavior, 34(7), 879-892.
Several states authorize police officers to arrest mentally ill people who have not broken any law. It is argued that this process is a way to promote public order. Hospitals also transfer mentally ill patients to jail in order to deal with the overflow. It is not uncommon for children to be confined to criminal detention centers because there is a lack of facilities for severely mentally ill children. Relying on the criminal justice systems to be surrogate mental health systems conflicts with the basic notions of justice. (Aufderheide,
"Preamble | LII / Legal Information Institute." LII | LII / Legal Information Institute. Web. 26 Sept. 2011. .
These experiences--the trauma of physical and sexual victimization and conditions of self-contained detention, either alone or in combination--may aggravate inmates’ psychiatric symptoms or even precipitate the onset of new mental disorders. Inadequate mental health treatment available in many prisons and especially in solitary housing units compounds this psychiatric deterioration. Not shockingly, offenders with major mental illnesses are mostly prone to commit suicide while incarcerated.