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peurpose and history of criminal justice
peurpose and history of criminal justice
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Introduction
Due to the nature of the criminal justice system, the history of the treatment of those with mentally disorders and the history of the criminal justice system have been intimately intertwined. Both the criminal justice system and treating mentally ill individuals can be traced back to the beginning of human existence. Over the ages both systems have evolved and expanded with the changes within society. In some ways the criminal justice system has become more tolerant of those with mental illness, while in other aspect the criminal justice system has become less tolerant of those with mental disorders. Now more than ever the criminal justice system interacts with mentally ill individuals.
Before Written History
It is believed that
In order to expel the evil spirits from the mind of the sufferer holes would be cut in to their skulls. Evidence suggests that while many time this primitive form of neurosurgery resulted in death, it was also performed successfully. Fossils have even been found with multiple holes in their skulls in various stages of healing (Pressman, 2001). In other areas, such as Mesopotamia evidence of ancient rituals believed to expel the evil spirits from the body of the sufferer has been found (Abdul-Hamid and Stein,
Although church Dogma still dictated over society, scientist began to turn for supernatural causes such as possession and evil spirits to more scientific causes. Hippocrates, who as known as the father of modern medicine, recognize that the brain was the organ that interpreted sensory information from the world and that disease was not only in the body but also in the mind. He also believed that illnesses including mental illnesses were caused by imbalance within the body. In order to treat these illnesses balanced must be restored. One form of treatment thought to restore balance was bloodletting. Bloodletting was assumed to help, in patients that did not die because of the procedure and these practices continued for many years (Breitendfeld, Jurasic, Breitenfeld, 2014).
While scientific curiosity was high during this time period crime and punishment remained similar to the system that was set in to place during biblical time. The "eye for an eye, tooth for a tooth" mentality continued. Despite this both Plato and Aristotle recognized that some individuals should not be held responsible for the crimes that they had committed. Aristotle believed that a crime committed with hatred was worse and therefore should be punished more severely than a crime that was committed unintentionally. These ideas still
Rock, M. (2001). Emerging issues with mentally ill offenders: Casues and social consequences. Administration and Policy in Mental Health., 165-180.
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
Today, across the world there are over nine million people held in penal institutions. The way in which these individuals have been prosecuted has varied greatly from country to country. Some were sentenced by lay people, military officials or professional lawyers, others were judged at public adversarial trials or through torture a confession was made. The diversity among the criminal justice procedures across the world is vast. Legal Historian Professor John H. Langbein has written extensively about the history of civil and criminal procedure and in particular the adversary system, which is the defining feature of the criminal justice system in England and countries which are founded on the English common law. Professor Langbein
Over the next 10 years the criminal Justice system could entirely change with the passing of a major law, epidemic, or failed service. Consequently, every since 9-11 our justice system has become much more open minded. Therefore, resulting in the strict enforcement of laws to protect its citizens. Nothing ever stays the same for too long. New developments related to science, technology, DNA analysis, and countless other tools and other factors are changing for the better in solving cases, prevention of crimes, and aiding in investigations. Where there is change there will be changes in the way we handle everyday processing. For example, booking a criminal, acquiring evidence, and interrogation. This also results in the field of criminal justice having no choice but to adapt to the slowly changing times or else be left behind.
Wouldn’t it be completely irrational to sentence every mentally ill individual to jail purely because they suffered from a mental illness? Often, mentally ill people behave in an eccentric manner and allure the attention of police officers who do not differentiate the mentally ill from mentally stable people and immediately charge them with misdemeanors. There are approximately 300,000 inmates, with the number increasing every year, which suffer from a mental illness and do not receive proper treatment. Jails are not adequately equipped to care for mentally ill inmates, which can lead to an escalation of an inmate’s illness. Society has failed to provide enough social resources for citizens suffering from psychiatric illnesses in its community, transferring mentally unstable individuals between mental institutions and jails, when in fact adequate aid such as providing proper medication, rehabilitation opportunities, and more psychiatric hospitals in communities is a necessity to reconstitute these individuals.
Many people question if people with mental illnesses should be criminally charged. The Journal of the American Academy of Psychiatry and the Law says, “In most countries the options of incarceration and hospitalization are available in concert. In some, incarceration occurs before hospitalization. In others, hospitalization is first, followed by a prison term”. There are many different debates that go on. They should decide if a person should be criminally charged depending on the illness and followed by the concept “treatment years”. Treatment years is when the court decided how long the person needs to be in treatment for according to the severity of the crime. From my point of view these people should be criminally charged but depending the severity of the illness they should seek treatment. A person that is mentally ill should be treated like a person that is not mentally ill; equality, public safety, and the well being on the person being charged, should be considered.
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 ancient criminal justice system existed as codes of law that were written copies of moral and social precedents carved into stone or clay tablets and displayed in public areas. In 1750 B.C. the Babylonian king Hammurabi had his code of law and means of punishment engraved into a large stone tablet topped with an image depicting God handing him the law. Ancient codes of law did not rely on rational or scientific detention to determine if the accused had committed the crime. Babylonians believed the river would be the judge of the crime and tested their power by throwing the accused individual into the Tigris or Euphrates river. If they could swim they were free however if they drowned they were guilty.
Seltzer, 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.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
The longest running tradition in medicine, bloodletting, was a widely accepted practice with a three-thousand year-old history from the ancient Egyptians to the late 19th century. At that time, physicians thought that disease was a curse caused by the supernatural. It was a common idea that blood carried the vital force of the body and was the seat of the soul. Anything from body weaknesses to insanity were attributed to a defect in this vital fluid. Bloodletting was a method for balancing other fluids in the body and cleansing it of impurities. Shakespeare takes the same knowledge of blood and applies it to “Macbeth” in which the connotations not only foretell one’s glory but also one’s guilt.
The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.
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,