The Judicial Process for Criminals with Mental Disorders

641 Words2 Pages

The article entitled Mental disorder and criminal law written by Stephen J. Morse brings some very interesting points to the readers attention. Throughout the article, the author reinforces that while people with mental disabilities should receive special treatment in certain situations, there are other points in which they should receive the same treatment as all other criminals. Morse brings into question how someone can be considered as having a mental disability that caused them to commit a crime. There is no clear cut definition, and sometimes the laws are stretched to accommodate people that may not truly fall into the category of having a mental disability. Mental disorders and criminal law helps the reader to have a better understanding of the judicial process when the defendant is believed to have a mental disability.
Morse begins the article by going over the various definitions for what is considered a mental disorder. He makes it very clear that the American Psychiatric Association’s definition is very open ended, leaving a great deal of room for people to stretch it in order to best fit their needs. According to Morse, “there is enormous heterogeneity within each disorder category. (4) That is, people who technically meet the criteria for the diagnosis may have quite different presentations. This is not surprising because it is also true of physical diseases” (Morse, Stephen J., Journal of Criminal Law and Criminology, p.885, 2011). By this Morse means that not everyone with a mental disability will exhibit the same symptoms. Having such a broad definition can be both a curse and a blessing for the judicial system as it allows those who need to be protected by it to use it as an aid but, unfortunately, it also allows people to abuse it.
In the next section of the article, Morse discusses the different criteria that are put forth in order to declare someone unfit to stand trial. He explains that there are many different tests

that cna be done but that not all professionals will agree on the results. Morse stands firm that people are better judges of character than tests and that if a person is truly irrational in their thoughts, no test should be needed to confirm. At the end of this section, Morse explains that simply having a mental disorder does not mean anything legally. A lawyer must be able to prove that their client is unable to truly understand their behavior and the charges being brought against them in order to be considered unfit for trial.

More about The Judicial Process for Criminals with Mental Disorders

Open Document