Mental Disabilities And The Death Penalty

Mental Illness has been prevalent all throughout our history from Isaac Newton to Abraham Lincoln to Sylvia Plath and so on. These illnesses can be as minor as a slight bipolar disorder or as severe as schizophrenia. In recent years, mental illnesses are becoming more prevalent in our criminal justice systems than anywhere else. Mental illness is becoming an association with crime and based on the information that has been found, this paper will attempt to further define the problem of mental illness within our criminal justice system and offer alternatives or insights as to how to possibly help with this problem.

The conclusion had is there is no one solution for all of these individual cases however the author does state “The goal is to reach a balance between the rights of the patient to treatment and the responsibility to ensure public safety. The balance between patients’ rights, the right to treatment, and public safety is taken into account with the “treatment years” approach.” (Melamed). This balance between punishment and treatment will largely depend on the severity of the crime committed, and differ from case to case. The term “treatment years” refers to the duration of time spent with medical personnel helping subdue the condition expressed by the patient before they are deemed ready to be a part of society once more. The implication of juries that are more informed on the topics of mental health and are able to view that in the context of sentencing could also benefit a suitable and more understanding sentencing of jail and treatment time. The context of murder with punishment and treatment is more difficult to find a balance with than other less severe crimes. The perpetrator has shown the ability to commit the worst crime imaginable and has demonstrated their danger to society and capability to damage lives. With this taken into account punishment for the perpetrator needs to be

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

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 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.

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.

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

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

When sentencing an offender for a crime, the punishment depends on what the law is attempting to accomplish. The punishment can either be based on incapacitation, retribution, rehabilitation, deterrence, or restorative. Depending on the crime, the punishment can accomplish either one of several of them. However, when it comes to the death penalty it can be quite debatable and there are several criminal cases that came to the United States supreme court due to potential policies being violated that would prevent the offender from getting a proper conviction. One US Supreme Court case that had an issue in sentencing a defendant is Atkins v. Virginia. This case of Atkins v. Virginia (2002) is significant because it had to do with sentencing a defendant to death but was called for an appeal due to the defendant being intellectually disabled. The court case also added that executing individuals who are intellectually disabled is unconstitutional within the eighth amendment that protects against cruel and unusual punishment. When it comes to mental retardation it can have effects on the punishment and corrections system due to the level of their mental competence and how well a defendant who does have disabilities can understand the law. To better understand how mental retardation within the punishment and corrections system can influence the way they work the following should be examined and analyzed. First, the nature of the USSC case must be examined and explain why the supreme

Defendants lose certain constitutional rights when they become prisoners, including the right to refuse antipsychotic medication. Medicating and executing is the soundest of the three options as it helps him prepare the way for execution. The prisoner did not dispute that the antipsychotic medication was in his best interest while the execution was suspended, nor did he dispute the lack of serious side effects. He himself admitted that he does not like the disturbing symptoms he experiences without the medication (Latzer, 2003). It also redresses the inmate’s wrongdoing and the inmate can end his life in a humane manner. In a case in which the medication is ineffectual, forcible medication is pointless, but this is no such case. For the duration of time in which the inmate regains his cognitive faculties, he is sane enough for an unawareness test and ultimately for execution. The best medical interests of the prisoner must be determined without regard to whether there is a pending date of

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

In the eyes of medical personnel it is an assumption that antipsychotic drugs could compensate for mental illness, which typically takes long periods of time to thoroughly diagnose, and thus there is no incentive to attempt to correct for the mental illness since there is no guarantee of recovery. The attempt to medicate the offender in order to terminate his life is basically a waste of the tax payer’s money. The decision should be made to either label him as mentally ill, medicate him in order to make him better so that he might live a sane life or to terminate his life due to the extremities of his crime. The main goal of capital punishment is the forfeiture of the offenders participation in society by means of termination of life and that terminating a life does not require any special condition to undergo there is no conclusive need to ensure the healthy condition of an offender who is subject to termination of life. If the health of the offender is irrelevant then it can also be stated that the current state of mental illness has no bearing on the proceedings and there is no need to correct this situation prior to execution with a medication. (Grinfeld, M,

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.