Mental Health Court Research Paper

The podcast outlines the importance of good connections with the judicial system. When creating those relationships, it allows case workers to advocate for a client involved in minor cases by providing outside help. Providing those services of mental health rather than imprisoning them could help depopulated jails. These measures help save state and local governments thousands of dollars but also make their community safer.

The United States has the highest rate of incarceration among the developed countries, with 2.2 million currently in jails and prisons. The number of inmates with mental disorders has been increasing during the past three decades, most likely the result of the deinstitutionalization of the state mental health system. Correctional institutions have become the de facto state mental hospitals. There are more seriously and persistently mentally ill people in prisons than in all state hospitals in the United States. When incarcerated these people face many disadvantages on top of their sickness. They do not receive the psychiatric help they need, nor do they receive proper medication or therapy. In addition, the guards do not know how to properly deal with people with mental disabilities. With so many issues in the criminal justice system there is no room for improvement for these inmates.

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 deinstitutionalization of state mental hospitals has left many individuals untreated and in the community where there come under police scrutiny due to their odd behavior, that is a manifestation of their illness. Majority of mentally ill offenders have not committed a serious crime and are subjected to inappropriate arrest and incarceration (Soderstrom, 2008). This new policy has become quite a concern to the fact that the correctional environment has proven to show no positive results in the mental health of the offender during their time of incarceration or upon their release date and thereafter (Soderstrom, 2008).

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,

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

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.

One of the most controversial issues regarding the mentally ill and the prison system is the medical treatment received. According to the film, “16% of the prison population in the state of Ohio, which reflects a national average, are persons who have been diagnosed with mental illness.” Prisons began as an institution designed to rehabilitate, however, a vast majority of prisons throughout the country do not provide adequate medical care for their mentally ill inmates. However, the prisons that do possess adequate health care are most likely the first instance in which the inmates with mental illness have received any sort of treatment in their entire life. People with chronic mental illness need constant supervision which they cannot get outside of prison. Although inmates does not receive the most extensive treatment, the treatment they do receive is well beyond the treatment they would have received had they stayed out of the criminal justice system.

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)

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 seemed like a waste of time, money, and resources to have a client come to court to tell the client “keep it up.” However, part of therapeutic justice requires constant supervision. Having clients come to court every two or four weeks is the constant supervision needed for success, which also included reporting to the probation officer, and attending weekly individual and group therapy.

The Mental Capacity Act 2005 (Legislation.gov.uk, 2016(B)) introduced Independent Mental Capacity Advocates (IMCAs). An independent mental capacity advocate supports individuals who are unable to settle on or comprehend choices by expressing their perspectives and wishes or securing their rights. This is a statutory advocate service, which implies in specific circumstances individuals who lack the capacity must be forwarded on to an advocate.

The documentary “The released” shared a very important and serious social issue, which is mental illness of prisoners. The film described the inside of the Ohio prison system as it resisted to provide care for prisoners that have mental health problems. The system there allowed prisoners to leave the jail and either go to a shelter or a residential treatment center, to get the health care they need. After the release, prisoners need to take their medications and keep track with a psychiatrist or a mental health care center. However, most of the prisoners didn’t do what is required, most of them didn’t keep up with their medications and end up by going back to jail. The reason of the release was to give them chance to recover by taking medications