Incarceration of The Mentally Ill
analytical Essay
1782 words
The United States criminal justice system has been continuously increasing incarceration among individuals who suffer from a sever mental illness. As of 2007 individuals with severe mental illness were over twice as likely to be found in prisons than in society (National Commission of Correctional Health Care, 2002, as cited in Litschge &Vaughn, 2009). The offenses that lead to their commitment in a criminal facility, in the majority of cases, derive from symptoms of their mental illness instead of deviant behavior. Our criminal justice system is failing those who would benefit more from the care of a psychiatric rehabilitation facility or psychiatric hospital by placing them in correctional facilities or prisons. Definitions Mental Illness The Diagnostic Statistical Manual of Mental Disorders (2000) explains the complexity of defining a mental disorder, “although this manual provides a classification of mental disorders, it must be admitted that no definition adequately specifies precise boundaries for the concept of "mental disorder". The concept of mental disorder, like many other concepts in medicine and science, lacks a consistent operational definition that covers all situations” (American Psychiatric Association, 2000, Introduction, para.29). For the purpose of this paper the mental illnesses which are referred are categorized by those identified in the Diagnostic and Statistical Manual of Mental Disorders which include sever mental illness like depression, bipolar disorder, dissociative disorder, schizophrenia and anxiety disorders, along with personality disorders. The Center for Psychiatric Rehabilitation (2009) explains the complexity of mental disorders; someone can display symptoms of a mental illness over the co... ... middle of paper ... .... The mentally ill offender treatment and crime reduction act of 2004: problems and prospects. Journal of Forensic Psychiatry & Psychology, 20(4), 542-558. doi:10.1080/14789940802434675 National Association of Social Workers. (2008). NASW Code of Ethics (Guide to the Everyday Professional Conduct of Social Workers). Washington, DC: NASW. Pustilnik, A. C. (2005). Prisons of the mind: social value and economic inefficiency in the criminal justice response to mental illness. Journal of Criminal Law & Criminology, 96(1), 217-265. Retrieved from EBSCOhost. http://web.ebscohost.com.proxy.library.vcu.edu/ehost/pdfviewer/pdfviewer?hid=113&sid=bf619647-bf23-4207-ad67-ce1e083ba43d%40sessionmgr110&vid=57 The Center for Psychiatric Rehabilitation. (2009). What is Psychiatric Disability and Mental Illness? Retrieved from http://www.bu.edu/cpr/reasaccom/whatis-psych.html
In this essay, the author
- Opines that the criminal justice system is failing those who would benefit more from psychiatric rehabilitation by placing them in correctional facilities or prisons.
- Explains the complexity of defining a mental disorder in the diagnostic and statistical manual of mental disorders.
- Explains that a 2006 bureau of justice statistics report found that over half of the inmates in both prisons and jails had mental health problems.
- Explains that james and glaze (2006) separated their results by gender. they found that 55 percent of males in state prisons displayed characteristics of mental illness, 43.6 percent in federal prisons, and 62.8 percent
- Explains that in state, federal, and local prisons, hispanic inmates experienced consistently lower rates of symptoms of mental illness compared to blacks.
- Explains that inmates, ages 24 and younger, were at the highest risk of having a mental illness consistently in all levels of institutions.
- Cites litschge & vaughn's findings that incarceration of mentally ill people increased in the 1970s. over-crowding in hospitals and housing regulations led to homelessness.
- Explains that the federal government took responsibility of caring for the mentally ill from the mid 1940’s until the 1980 presidential election of regan.
- Analyzes how james and glaze (2006) found that inmates with mental health problems were twice as likely to have been homeless in the year preceding their arrest than those without mental problems.
- Analyzes amanda pustilnik's findings that the criminal justice system functions as the united states' default asylum system.
- Explains that many oppressed groups are affected by the unnecessary and excessive incarceration of the mentally ill. women, low socioeconomic status, and homelessness increase the likelihood of arrest due to a mental illness.
- Explains that social justice is the second ethical principle found in the national association of social workers code of ethics (nasw).
- Explains the american psychiatric association's diagnostic and statistical manual of mental disorders.
- Explains the clinical specificity hypothesis, which states that psycho-pathological profiles determine different types of psychosocial functioning and lead to particular interactions with the social environment, especially with health care services use.
- Cites bloom, j., côté, and lesage, a. clinical and sociodemographic profiles of male inmates with severe mental illness.
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- The Criminal Justice System And Mental Illnessanalytical essayPrior 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.
In this essay, the author
- Explains that they have become aware of the discrepancies and flaws within the criminal justice system.
- Explains that they wanted to look more into mental illness within prison walls because this affects them personally. they have a family member who suffers from bipolar disorder and have had numerous run ins with the police due to her illness.
- Opines that criminal justice officials understand the situation in their prisons regarding mental health but have not taken action to fix it.
- Explains that the community mental health act in the late sixties and early seventies decided to close state funded mental health institutions. they realized the abuse going on in state institutions and wanted to bring people closer to the community.
- Explains that the failure of the community mental health act left these people with nowhere to go. instead of pressing the political leaders to help, they put them in jails.
- Analyzes how the media has chronicled numerous accounts of men and women with mental illnesses shot down by the cops or arrested.
- Opines that mr. pean's story is important because he rightly went to the hospital, a safe area, for his condition. hospitals are seen as safe havens, but just like numerous institutions, they are becoming more dangerous.
- Analyzes how unfair drug laws were targeting minorities in the country. reagan took funds away from agencies responsible for drug addiction while budgets for law enforcement grew.
- Argues that the money for treatment was used for local police due to the fact that more of the policies resources were being used by people with mental illness.
1108 wordsRead More - The Criminalization of the Mentally Illopinionated essayProblem Analysis: 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).
In this essay, the author
- Argues 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.
- Opines that the deinstitutionalization of state mental hospitals has left many individuals untreated and in the community where there come under police scrutiny due to their odd behavior.
- Explains the lack of medical services in the prisons and jails, and the high risk of decomposition and deterioration.
- Explains that the criminal justice system is unable to handle mentally ill inmates without mental health professionals and adequate training to correctional officials.
- Opines that a proposal to new policies and applying factors to existing policies can be effective in maintaining the mentally ill.
- Opines that mental health professionals and the police and correctional officers working together are the most positive reinforcement.
- Opines that if jails and prisons focus on treating mentally ill inmates, they can save money and maintain public safety.
- Explains that homelessness is a major factor with the mentally ill incarcerated. correctional staff releases an inmate when the sentence is served, without further thought of their mental capacity, while mental health professionals rehabilitate the offender back into the community.
- Explains that mental health courts, medical assessing policies, and discharge planning and linkage models are effective, but time-consuming and costly.
- Recommends a mandatory mental health screening on all incoming detainees for mental disorders, pharmacological treatment, group and recreational therapy, cognitive-behavioral therapy and dialectical behavioral therapy.
- Argues that policies tend to have negative aspects especially when it comes to an assortment of individuals. liberal ideology favors treating the mentally ill and placing them into home based community settings.
- Explains adams, k., hughes, s. and markowitz, f. e. on mental illness, crime, and violence.
3759 wordsRead More - The Mentally Ill in Jailopinionated essayThe Mentally Ill in Jail The articles inform that more mentally ill people are in jail than in hospitals. According to statistics 159,000 of mentally ill are presently incarcerated in jails and prisons, mostly of crimes committed because they were not being treated. Some of them become violent and may terrorize their families and neighborhoods. Tragically, most of those instances of incarceration are unnecessary.
In this essay, the author
- Explains that 159,000 mentally ill people are incarcerated in jails and prisons, mostly of crimes committed because they were not being treated.
- Explains that the deinstitutionalisation of the severely mentally ill in the 60ties qualifies as one of america's largest social experiments.
- Opines that prisoners are virtually devoid of dignity and lack adequate treatment and understanding. even if they take medications, there is no guarantee that they will continue with the treatment after they are released into the communities.
- Opines that the solution to the problem is to provide sufficient funding for the community-based mental health system so people could be helped before they become part of the prison system.
- Analyzes how the ohio department of mental health director, mike hogan, does not think that the county has a problem with the mentally ill. he believes most of them have been successfully integrated in society.
- Opines that such wishful thinking does not help the thousands who suffer from mental illness. senator mike dewine and democrat ted strickland are working on promoting federal legislation that would fund a pilot court program to direct mentally ill prisoners to treatment facilities instead of jail.
462 wordsRead More - The Effects Of Inccarceration On The Criminal Justice Systemanalytical essayUnited States of America is governed by set of rules and regulations that sentences, defends, prosecutes and punishes individuals convicted of crime. Without this system, the world will be difficult to live. That is why a critical look must be undertaken to make sure individuals convicted or suspected of crime are put in their right places. The current criminal justice system has been known to incarcerate individuals who after serving their time ends up back to prison or more often engage in the same offense that ended them up in prison (Lehrer 26). Most mentally disabled inmates are kept under little or no supervision and live with inmates who has no mental illness. Others are locked up with these mentally
In this essay, the author
- Argues that a critical look must be undertaken to make sure individuals convicted or suspected of crime are put in their right places.
- Explains that the criminal justice system must embark on the isolation of inmates. recreational and educational activities will keep them busy enough to focus on what’s best for them rather than engaging in unnecessary behaviors.
- Argues that reform on america's correctional system will be effective if inmates with mental issues are isolated from those without mental problems.
- Argues that the correctional system should not allow inmates convicted of crime to be put in solitary confinement for such a long period in the name of punishing them for their wrongful behaviors.
- Argues that isolating inmates has always been the best for their fellow prisoners and society in general. long-term isolation will only do harm to themselves and the public should they serve their time and leave prison.
- Explains that the justice system has caused lots of problems to individuals, families, and the general public. isolating inmates with mental issues from those without will help fix our broken systems and punish wrongdoers momentarily.
1662 wordsRead More - Civil Commitment and the Mentally Illexplanatory essayIt is very hard to differentiate an ordinary mental health from a mental illness because there is no easy way of knowing unless you test them. Also, some mental health illnesses can be imitated by physical disorders. Mental health illnesses are ruled on any physical disorder, they are diagnosed and treated from the signs and symptoms, and also on how much the illness affects your everyday life ("Mental health: What's normal, what's not - Mayo Clinic", n.d.). Civil commitment laws have been around in the United States ever since the 1800s. Civil commitment cases mostly consist of family members of a mentally ill person who will try to commit the person in order to guarantee that they get help. The court system does not always care for civil commitment if the person is not showing direct danger or threats to them self or to others around them ("Civil Commitment of the Mentally Ill", n.d). In this paper we will talk about the insanity statutes being used in the state of Georgia and how often the insanity defense is being used, and the major criticisms of the insanity defense.
In this essay, the author
- Explains that mental health illnesses can be imitated by physical disorders. civil commitment laws have been around in the united states since the 1800s.
- Explains that the public has fought with the idea that a mentally ill person shouldn't be held accountable for criminal crimes. montana, idaho, and utah do not consent for the defendant to plea an insanity defense.
- Explains that the insanity defense is used in fewer than 1 percent of criminal trials, and it is successful only a quarter of the time.
- Explains that there are many criticisms of the insanity defense, and people have come up with their disapproval of this type of defense.
- Opines that psychologists should provide an ultimate opinion in insanity cases. the federal rules of evidence espouse a generally liberal approach towards expert testimony.
- Explains that mental ill prisoners are kept in the same prison as other prisoners because of the huge prison building many states have assumed over the past years to keep up with the rising prison populations.
- Explains that insanity defence: from wild beasts to m'naghten. australasian psychiatry, 15(4), 292-298.
- Cites ersland, s., the daily iowan, and goldstein, r. l.
- Explains wrightsman's psychology and the legal system.
- Cites the mayo clinic's mental health and criminal justice: an introductory text for the 21st century.
811 wordsRead More - Mental Health within the Criminal Justice Systemanalytical essaySeltzer, T., 2005, ‘Mental health courts – A misguided attempt to address the criminal justice system’s unfair treatment of people with mental illnesses’, Psychology, Public Policy and Law, vol. 11, no. 4, pp. 570-586.
In this essay, the author
- Analyzes the role of state agencies in supporting and implementing diversionary programs for offenders with mental health problems in the australian and new south wales cjs.
- Explains the importance of a clear definition of mentally ill, which adds to the notion that people with mental health problems are inherently more dangerous.
- Opines that the social construction of mental illness limits an individual's life opportunities as they are labelled as psychotic stalkers, comic figures, neurotics who do everything to excess, or sometimes as sympathetic characters.
- Explains why society fails to prevent the mass entry of people with mental health issues into the traditional cjs by encouraging independence through employment.
- Explains that the disproportionate number of offenders with mental health problems within the cjs has prompted various australian jurisdictions to implement diversionary programs aimed specifically at this marginalised group.
- Explains that the formal construction of a mental health court in australia and internationally was due to the lack of treatment available within the community setting, which influenced encounters between people with mental illness and the police.
- Argues that mental health courts fail to address why society fails to prevent the mass entry of people with mental illness into the traditional cjs.
- Analyzes how the south australian magistrates court diversion program in its first year of operation heard cases from only seven offenders with an indigenous background. this anomaly can be attributed in part to the different constructs of mental illness within indigenous communities.
- Explains how the nsw mental health (forensic provisions) act 1990 gives a magistrate authority to divert offenders with mental illnesses or intellectual disabilities into community treatment.
- Opines that the issue of offenders with mental health problems must be given clear consideration to ensure that each offender receives just and fair treatment that acknowledges their specific needs.
- States that beyond bars alliance (bba) 2007 fact sheet no. 9, bba, assessed 21 september 2011.
- Describes butler t. & allnutt s. mental illness among new south wales’ prisoners.
- Cites devoe, d., capital university law review, 2003-2004, pp. 925-933.
- Cites king, m., smith, a. & gracey. the underlying causes of the health gap.
- States lurigio, a.j., 'examining prevailing beliefs about people with serious mental illness in the criminal justice system', federal probation, vol.
- States nelson, f. & mann, t., ‘opportunities in public policy to support infant and early childhood mental health.
- Describes the mental health intervention team news, brochure, and the nsw police force, new south wales.
- Cites richardson, e. & mcsherry, b., 2010, ‘diversion down under – programs for offenders with mental illnesses in australia’, international journal of law psychiatry.
- Opines that mental health courts are a misguided attempt to address the criminal justice system's unfair treatment of people with mental illnesses.
- Explains wolff, and pogorzelski, 2005, 'measuring the effectiveness of mental health courts – challenges and recommendations'.
2586 wordsRead More - Troublesome Offenders, Undeserving Patients: Summaryanalytical essayThe volume begins with a brief overview and a philosophical discussion of whether individuals with mental illness should be punished. For example, chapter three, Troublesome Offenders, Undeserving Patients?, develops both the argument that individuals with mental health needs have the right to be punished and the argument that they have the right not to be punished. The book progresses by explaining why it may be difficult for individuals with mental illness to break away from committing crime, the misleading portrayal of substance abuse when diagnosing mental health disorders, and the roles of service providers working in multiple environments relating to the mental health field.
In this essay, the author
- Analyzes how the book begins with a brief overview and philosophical discussion of whether individuals with mental illness should be punished.
104 wordsRead More - Criminology: Sane for Insanity?explanatory essayRobinson, Paul H. An Overview of the Effect of Mental Illness Under U.S. Criminal Law. 10 Oct.
In this essay, the author
- Explains that the insanity defense is viewed by the public as an excuse for criminals who are trying to be free of a sentence in jail.
- Explains that the insanity defense is designed to protect others against conviction and the punishment of a morally blameless person.
- Explains that the insanity defense is to help people who suffer from being mentally ill be held blameless.
- Explains the various tests used to test a person's level of insanity, including the m'naghten test, the model penal code formulation, and the irresistible impulse test.
- Explains that the model penal code formulation works with impairment while requiring a minimum degree of impairment. when one has lost the power to choose right from wrong, the irresistible impulse test comes into play.
- Explains how the insanity defense can be used in a wide range of cases, such as the aurora, colorado theatre shooting, where the public sees cases where murder is involved.
- Explains dubber, markus d., and paul h. robinson's the american model penal code: a brief overview.
- Opines that there is a need for the insanity defense. ferguson, colin.
- Analyzes hoffman, morris b., and stephen j. morse's "the insanity defense goes back on trial."
- Explains robinson, paul h., an overview of the effect of mental illness under u.s.
- Explains the time of the offense- 19.2 - 169.5.
1223 wordsRead More - Pros And Cons Of Mental Illnessanalytical essayThe purpose of jail is to control criminals, decrease crime rates, decrease recidivism, and by the end of the inmate 's sentencing individuals are expected to return to society as if everything were “normal”. However, the majority of individuals who are incarcerated is because they did not pay fines, they were not able to post bail, or because they have a mental health diagnosis. Who knew jails were the new models of psychiatric facilities. It’s been proven that people with mental illness often experience worsened symptoms, recidivism, and abuse while incarcerated. Which poses the question of is jail the place individuals with a mental health diagnosis should be?
In this essay, the author
- Explains the purpose of jail is to control criminals, decrease crime rates, reduce recidivism, and by the end of the inmate's sentencing individuals are expected to return to society as if everything was "normal".
- Explains that massachusetts bay colony approved incarceration for anyone who appeared insane or maniacal due to their concern for the safety of ordinary people.
- Explains that 64% of inmates had a mental health problem in 2006 study, and 73% of females and 55% of males made up the number of those in state prisons.
- Argues that people with mental health problems are at higher risk of being victims of violence than perpetrators.
- Explains that the severity of symptoms increases when an individual with a mental illness is put in jail. punitive isolation units are not suited for individuals with mental illnesses.
- Explains that mental health court is a court with specialized docket for certain defendants with mental illness.
- Explains that inmates with a mental illness are entitled to an environment that is safe and protected from harm, and the right to adequate medical and health care.
2180 wordsRead More - The Negative Effects Of Solitary Prisonation In Prisonsexplanatory essayThousands 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. When an inmate has a current mental illness, prior to entering into the prison, and it goes undiagnosed and untreated, the illness can just be worsened and aggravated.
In this essay, the author
- Opines that mental illness in prisons goes unaddressed and ignored throughout the country. prison involvement itself can contribute to increased suicide.
- Describes mental illness as impairment of an individual's normal cognitive, emotional, or behavioral functioning caused by social, psychological, biochemical, genetic or other factors, such as infection or head trauma. overcrowding is a complex phenomenon.
- Explains that super-max prisons use solitary confinement as both a form of punishment and therapy.
- Explains that solitary confinement can cause anxiety, depression, anger, cognitive turmoil, hallucinations, obsession, and fixation. it is inhumane and should be called torture.
- Explains that death row inmates are often overlooked in the mental health area, as they suffer from brain trauma, physical and/or sexual abuse. james johnson, a vietnam veteran, suffered from post traumatic stress disorder.
- Explains gallemore and panton's 1972 study of death row inmates showed high feelings of depression and hopelessness, yet severe disturbances were not observed.
- Opines that inmates/offenders entering into the prison system need to be screened for mental health and substance abuse disorders. screenings would help identify individuals who could potentially hurt or endanger themselves and others.
- Explains that some prisons have rehabilitation programs for inmates that need it, but the therapy sometimes doesn't help. brandy lee's strict program in san francisco jails reduced violent re-offences by over 50 percent.
- Opines that medication can help inmates with severe mental illnesses, but staff won't try to offer different medication or therapy if an inmate refuses it. treatment for those who are mentally ill needs to be more serious in prisons.
- Explains that the eighth amendment applies to inmates with severe mental illnesses. it is not acceptable or humane to not give the proper treatment to those who are mentally ill or mentally unstable.
- Opines that prison systems need to be more mindful and aware of those with severe mental illnesses because it affects everybody, not just the inmates.
- Opines that all prisons need to take mental illnesses more seriously. solitary confinement is a dangerous way of therapy, and tends to only have negative effects on the inmate.
1427 wordsRead More