Competency To Stand Trial

In the United States of America there are currently two prison systems in place; the Federal prison system, and the State prison system. Every state in the U.S. has its own Department of Corrections, which is tasked with handling crimes committed at the state level (Allen, 2017). The state where the crime occurred has jurisdiction over the individual that committed the crime. An individual, whom has committed a crime within a state’s jurisdiction that results in a long sentence, is sent to the state prison system in that particular state (Allen, 2017). A long sentence encompasses a period of time which exceeds a year, and a day; which is the length of time given to an individual convicted of a felony crime. An individual convicted of a misdemeanor crime which is accompanied by a sentencing length of less than a year, will serve their respective sentence in a jail. Once the individual has received their sentence, they will go through an initial classification process (Allen, Latessa, and Ponder, 2013). The purpose of the initial classification process is to identify the individual’s custody level, work assignment, and treatment. The initial classification process will differentiate between those individuals that present different security risks, and supervision concerns. Factors such as the individual’s current offense, escape potential and prior criminal history are factored in during the initial classification. Also, an individual’s background attributes, such as mental

Despite the fact that my parents have worked in the criminal justice system for many years, I have never given much thought to the treatment of prisoners. As we learned from the readings, the current state of the United States criminal justice system is imperfect to the point of cruelty to those involved in it. This is truer for individuals with a mental illness. Due to a lack of psychiatric facilities throughout Alabama and overcrowding of those that do exist, many criminal offenders with mental illnesses are sent to prisons instead. State prisons are currently overcrowded, leading to substandard conditions such in almost every aspect.

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

Given the number of incarcerated inmates who suffer from some form of mental illness, there are growing concerns and questions in the medical field about treatment of the mentally ill in the prison system. When a person with a mental illness commits a crime or break the law, they are immediately taken to jail or sent off to prison instead of being evaluated and placed in a hospital or other mental health facility. “I have always wondered if the number of mentally ill inmates increased since deinstitutionalization” Since prison main focus is on the crimes inmates are incarcerated; the actual treatment needed for the mentally ill is secondary. Mentally ill prisoners on the surface may appear to be just difficult inmates depending on the

There are some differences between a normal criminal and a criminal that suffers from a mental illness in the criminal justice system. For example one of the many fundamentals to our criminal justice system is the principle that no one can be tried or adjudged to punishment while mentally incompetent. Trials for mentally unstable people have been modified and are run by different guidelines. Unlike a regular convict, most mentally unstable convicts are unable to comprehend or are unable to complete a trial. Once a convict with a mental illness is convicted or awaiting trail their every medical need must be accommodated within the faculty and it's staff. Without the proper medical care a person with mental illness can become

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.

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).

In a fight to reduce overcrowding, improve public health and public safety, and reduce the costs of criminal justice and corrections, federal, state and local leaders are constantly looking for alternatives to incarceration. A number of strategies have been put in place to save public funds and improve public health by keeping low-risk, non-violent, possibly drug-involved offenders out of prison or jail while still holding them accountable and securing the safety of our comminutes. These programs have been put in place to help those who don’t necessarily need to be in jail, get their priorities straight while also holding them accountable for their actions. They have been put in place to help reduce incarceration rates, but also help those who may have mental health issues or substance abuse issues that have caused them to make bad decisions (Treatment Court Divisions).

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.

Mental health courts are a resource given to prisoners who would normally be put in prison if they had not decided to join this special program. Mental health court is a court run program by the district attorney’s office in some counties. This program is based off of traditional court room structure but is also paired with community services. Mental health courts solve a lot of different problems within our criminal justice system. The first problem it solves is the

[In an effort to reduce crime rates over the last two decades, there was a push to increase arrests, and length of incarceration of criminal offenders. Due to the increase in numbers of offenders incarcerated and the length of their sentences the prison has an increasing population of elderly offenders. In light of this situation, the need to provide medical care for this population has become increasingly more expensive than anyone anticipated. Therefore, there has been a great deal of attention to what is known as compassionate release. In order to evaluate the arguments for and against this legislation we will look at the arguments on both sides, what values underlie each position, how medical release fits into the discussion, and alternatives to the problem.

This research paper discusses the issues of people who suffer from mental illness being placed in jails instead of receiving the necessary treatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to care for these inmates and because of that inmates who do not receive the treatment they need are at a higher risk of becoming a repeat offender. Despite the research and findings that show that the criminal justice system is unable to deal with issues dealing with the mentally ill there has been limited solutions put in place. Given the challenges the criminal justice system faces it is important to address the problem and come up with better solutions. This research paper will discuss the various techniques and solutions that scholars have propped and their effect on the issue of mentally ill criminals and how the criminal justice system should approach the problem.

The idea of sympathetic release of ill and elderly prisoners is not new. In 1994, Professor Russell published consideration of medical parole and compassionate release programs of district and fifty states of Columbia. Only three

Jails have been described as “de facto mental hospitals” because they have filled the void created when state psychiatric hospitals began closing in the early 1960s through a process known as deinstitutionalization. Supporters of deinstitutionalization thought the process would help individuals suffering from a mental illness live more self-reliantly while being treated by community mental health programs. However, the federal government did not provide the necessary funding to meet the mounting demand for these programs, leaving numerous untreated. Individuals with serious mental illnesses are often poor or homeless and are likely to have substance abuse problems. Therefore, when they are left untreated, they are more likely to commit minor crimes that have been the focus of law enforcement in recent years (H. Richard Lamb and Linda Weinberger).

Many have argued that competency to stand trial is the “most significant mental health inquiry pursued in the system of criminal law” (Cowden & Mckee). This pillar of the American Legal System assures that those accused of criminal acts must be sufficiently competent to understand and partake in the trial proceedings. The threshold of competence can differ from jurisdiction to jurisdiction but it mainly hinges on a series of factors such as cognitive deficits, the presence of a mental illness, and an inability to comprehend or effectively communicate with legal counsel. While this standard was made legal precedent in the 1960s it was only in regards to the adult criminal system; however, in past decades legal reform has allowed for youths to be tried and subjected to the same punishments as adult defendants (Schwartz & Grisso). This legal development brings about a very imperative issue: Should youth offenders be subjected to the same standard of competence as their adult counterparts? Furthermore, since these statutes were developed for determining competency in adults, can they properly recognize the uniqueness of the youth population?