2. This criticism is on the moral basis and the consequences. This section suggests that the crime is of more importance, then the moral imperatives. It also addresses the way a criminal, who does plea insanity, should be trialed and punished for the crime. It is suggested, that the criminal should be convicted and the mental illness should be taken in consideration at the time of sentencing. If this method would be used by the court, it would allow the judge to determine the length of imprisonment, within a hospital prison, and the defendant would have to provide prove of improvement to the once dangerous behavior. Retrieved from; West's Encyclopedia of American Law, edition 2 (2008).
The ideological concept of an insanity defense, formerly termed “complete madness,” was originally incorporated into the English common-law jurisprudence system in the late thirteenth century of the United Kingdom as an affirmative defense for defendants under the yoke of criminal charges involving a heinous action which could involve the option of termination of a defendant’s life if adjudge guilty of such act (Hill). Through such incorporation of a legal defense, the institution of a new societal grouping known commonly as the “criminally insane” became expounded, as well as, the legal opportunity allowing for self-declaration of being “innocent by reason of mental illness or defect”(or, the insanity defense). Those criminally insane are a subset of the prison population who have been deemed to have committed their crimes under the influence of a mental disease/disorder, or who were not in a condition of intellect during the time of the crime to comprehend the illegality or immorality of their offense (Frontline). Only if the defendant has plead insanity before the court can they be considered a truly criminally insane inmate. There are manifold condemnations sustained by the judicial system ranging from guilty but insane to not guilty by reason of insanity, as well as the legal states of incompetency and diminished capacity. This distinction has become a substance of federal law, but as soon as a defendant is convicted, the treatment of the convicted individual is left
The shutdown of state mental hospitals and lack of available financial and institutional resources force mentally ill people to the United States Judicial System for mental health. Every year thousands of people are arrested for various crimes and they are sent to jail. Sixteen percent of these people have some type of mental health problem (Public Broadcasting System , 2001). When we consider that the United States has the largest incarcerated population in the world at 2.2 million, this number is staggering (Anasseril E. Daniel, 2007). This is about 1% of the entire population of the United States. There are many reasons as to why the situation has taken such a bad turn and when the history of the treatment of mental illness is examined one can see how the situation developed into the inhumane disaster it is today.
The incarceration of those who are mentally ill is on the continual rise. Many states juggle with the decision of placing offenders in Mental Hospital or locating them in State Prisons. Latessa and Holsinger (2011) discuss two major reasons for the increase of those with mental illness within the prison system. First, many states have no longer allow for the insanity plea during criminal trials, thus those who suffer from mental illness are not required to receive mandatory mental treatment. This is due to the discomforting idea that criminal offenders should not be given the same living conditions as those whom are patients of mental wards. Secondly, longer sentences have created a surplus of mentally ill offenders needing treatment. Soderstrom (2007) added that the lack of mental health support systems in
Throughout the years, the United States criminal justice system has been constantly incarcerating individuals who endure from a severe mental illness. People who suffer from serious mental illness are doubtlessly to be discovered in prison. There is a significant amount of mentally ill offenders that are placed in the state and federal institutions. The mentally ill are overpopulating the prisons. The criminal justice system is a deficiency for those who can profit more from the help of mental health treatment center or psychiatric hospital by sending individuals to correctional facilities or prisons. Today’s jails and prisons are being labeled as the new mental health hospitals for the mentally ill offenders. Commonly in today’s society, it generally takes other individuals who are willing to educate and support the mentally ill person into becoming successful in life.
A contract is a legally obligatory promise or set of promises (Bagley, C. 2013). If this promise is broken, either party involved can be legally responsible and take the other party to court. There are four basic elements in the creation of a valid contract. The first consist of an agreement between the parties involved, by an presented offer and acceptance. The second states that the parties’ promises must be supported by something of worth, known as consideration. The third advises both parties must have the ability to enter into a contract. The fourth element states the contract must have a legal purpose (Bagley, C 2013).
This paper intends to examine the relationship between mental health (specifically individuals who exhibit mental illness) and the criminal justice system. The paper will be broken down into areas focusing on the issues that exists for and between the law enforcement officials and those who have mental illness and end up involved in the penial justice system. Individuals who have mental health issues are special cases that will be addressed within this paper with the focus being how they end upon the wrong side of the law and more importantly how they are treated by the criminal justice system when this occurs. By studying this subject from a historical context will enable the writer to establish how the criminal justice system in this country
Within contemporary society, the legal process of placing an individual into a detention or psychatric treatment facility is called "civil commitment." Typically, this is reserved for the mentally ill, or those people who have satisfied the Court's rule that they are a danger to others, or to themselves. Society realizes that, at times, an individual may pose a danger to themselves or to society and be unable to make rational decisions. In fact, in most jurisdictions in the modern world, involuntary commitment procedures are specifically applied to individuals who have manifested some form of serious mental illness that acts to impair their reasoning to such extent that they are unable to make cogent and logical decisions. Therefore, at these times the state (the Court system) must intercede to find ways to make the appropriate decisions under a legal template. Involuntary commitment may have, in the past, been used in certain situations, inappropriately, but the statutory criteria that indicates one is a danger to self or others usually acts as a legal axiom (Korba, 2008).
It has long been acknowledged that an offender who as a result to mental disorder, is incapable of understanding the nature and quality of a criminal act, or of recognizing that it was wrong, should not be convicted. Bill C-54 the Not Criminally Responsible Reform Act deals with the accused who has been found Criminally Responsible because of mental disorder. Not Criminally Responsible (NCR) is defined in Section 16 of the Canadian Criminal Code, stating that if someone is deemed NCR he or she cannot be held accountable for the offence they’ve committed, merely if at that time they were suffering through a mental disorder. The Bill will enact three main factors which will affect the mental disorder regime
Psychological disorders are common in the United States and worldwide. The National institute of mental Health discovered that, “An estimated 26.2 percent of Americans ages 18 and older — about one in four adults — suffer from a diagnosable mental disorder in a given year.” Having an uncle who was diagnosed with Schizophrenia in 2003 has changed the way I see people with mental illnesses. After reading and watching the documentary about prisoners who have to undergo medication just to live a “normal” life has given me inspiration to come up with a few ways that will help our justice system deal with these sorts of individuals. While researchers are trying to come up with different medical measures to cure these diseases we as individuals can implement some procedures to help and support mental patients.
The current method to heal mentally ill patients in the United States is mostly done through forced medication. Elyn Saks believes there may be a better way to help the men and women suffering with a mental illness than forced medication. “The Consent Dilemma” shows how the current method of forced medication is outdated and how there is a more effective method to help people that have a mental illness. All the rhetoric devices are used in “The Consent Dilemma” by Elyn Saks in the magazine Politico. The rhetoric devices are used to show that the current system used to help the mentally ill is in need of an update.
Courts and the jurors serving in them need to be cautious when listening to expert testimony given, regarding the mental capabilities or sanity of an individual. This is because it is impossible to go into the mind of the defendant and know for a fact that they are mentally capable, which causes any assessment to be in part guesswork. Also the definition of what the judiciary has considered mentally insane has changed through time and in different legal systems. I argue that expert testimony in cases regarding mental sanity is not uniform and varies in different instances. As a society should be trying to make the definitions and assessment of sanity the uniform in all of the states and United States federal courts for persons to be tried
Image a life where you have difficulty defending yourself and nobody can clearly understand you. Now visualize trying to convince others that you are innocent of a crime. Since the early 80s, more than sixty mentally ill criminals have been executed the US (Mental Illness on Death Row). This paper will discuss the relationship between the law and the challenges faced by mentally criminals from tries to appeals and execution. It provides examples of some of the more famous cases of the execution of the mentally ill and describes current legislative. But we would try answer the whether the mentally disabled criminals should be charged with a death penalty. Throughout this paper, we will use Borromeo 's definition of someone with mental issues. He stated "mental retardation is a lifelong condition of impaired or incomplete mental development..." ( Borromeo 178). Some examples of these illnesses include but are not limited to major depression, bipolar disorder, post traumatic stress disorder and borderline personality disorder .
The world is facing an emergency in the area of human rights in the mental health sector as human rights of the people with mental disabilities have been violating (World Health Organisation). . Many countries in the world and Australia itself have legislation to treat a person with mental illness against his/her wish or without their consent which is the abuse of their basic human rights. The mental health legislation which is called Involuntary Treatment Orders involves treatment and detention of people with mental illness against their wish and it is total violation of the rights of people with mental illness who are subjected to these treatment orders. The United Nations Convention on the Rights of People with Disabilities (CRPD) recognizes that people with disabilities should have freedom from torture and will be given the right to make their own decisions (Barriga, 2013). Therefore, the mental health legislation in Australia also being reviewed by a number of Australian governments in the light of principles set out in UNCRPD (Mcsherry & Wilson, 2015). Consequently, there are some provisions have been made in the recent mental health reform specially to involuntary treatment orders to empower consumers rights which are going to be discussed in the following essay. The Mental health Act 2014 is the major aspect of mental health reform to promote recovery-oriented practice, minimise the use and duration of compulsory treatment, safeguard the rights and dignity of people