Mental Health Court Observation Paper

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.

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.

Jails and prisons are not set up to meet the treatment and accountability needs of the mentally ill (“Mental Health Court”, n.d.). “Inmates with mental illnesses are more likely than other to be held in solitary confinement, and many are raped, commit suicide, or hurt themselves” (Swanson, 2014). Making mental health courts mandatory would better address these needs by offering treatment,

Individuals suffering from mental illnesses tend to fall victim to the criminal justice system due to their uncontrollable actions that result from their mental illness symptoms. Within the United States two to three hundred thousand people in prison suffer from mental illnesses such as schizophrenia, severe depression, and bipolar disorder. Sadly, the majority of prisons are deficient in providing the appropriate resources to treat these individuals; people with mental illnesses are too frequently socially mistreated, neglected, and misunderstood within the confines of a prison. Prisons are deficient in correctional staff trained to suit mentally ill inmates, in

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.

The recent increase in emergency 9-1-1 calls involving mentally ill persons has heightened the awareness of the Criminal Justice System. Across the nation, law enforcement encounters with mentally ill persons have become more frequent, and the use of deadly force against mentally ill persons has increased. Since the deinstitutionalization of the mental health system, law enforcement officials have been tasked with controlling deviant and sometimes criminal behavior of persons who suffer from mental illness. As a result, law enforcement agencies have implemented crisis intervention training (CIT) and diversion tactics due to the numerous challenges faced when serving the mentally ill. Major deficiencies in the mental health system and State legislations have hindered progressive efforts towards assisting mentally ill persons. With the dramatic consequences associated with untreated mental illness, it is certain that law enforcement officers will experience an encounter requiring knowledge, specialized training, and the ability to build collaborative partnerships.

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.

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.

In the book, Crazy, by Pete Earley, provides a detailed overview of the mental health system in the United States, as it presents a first hand narrative of Earley’s family journey through the system. The author’s major premise and arguments, in the book, is to highlight the history of mental health, navigation through the judicial system with mental illness, the bureaucracy and policies of hospitals, society views on human rights and client safety, and the impact on the individual, family, and community. The content suggests that human service workers and public health workers should extend their professional lens to advocate for change in the mental health system in the United States.

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

Mental health courts sentence mentally ill convicted offenders to long-term treatment programs rather than incarcerating them in prisons. The programs provide mental health assessments and personalized treatment plans for offenders. (Center for Court Innovation, 2013) In 1997, the first mental health court was established. (California Courts, 2014) There are now over 300 mental health courts in the U.S (Justice Center, 2014)

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.