Mental Health in Australia's Criminal Justice System

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.

Authors in this article from the University of California observe and focus on the risks and rates involved in people that have a mental disorder and correlate it with incarceration as well as people with re-incarceration. While performing these studies researchers found an alarming number of people incarcerated had a severe mental illness and substance abuse issues. Much of the knowledge in numbers of people with a mental illness are brought from a correctional view, but researchers here try to also focus on numbers of people in the public mental health system as well.

In recent years, correctional facilities have begun to experience an influx of inmates who suffer with mental illness. Per Morgan, et al (2011), ?the United States has three times more individuals with severe mental illnesses in prisons than in psychiatric hospitals.? Most prisons in this country aren?t equipped to properly care for the mentally ill persons who enter the facility. Individuals with mental illness are more likely to be placed in prisons rather than a mental health institution to receive help to deal

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

While most people are concerned and want violent offenders punished and thrown in prison (which is a valid concern), it is rare that violent acts are committed by the mentally ill. For those crimes the mentally ill commits, prison may not always be the right answer; instead, proper treatment and rehabilitation would be much better. In general, the statement has always been made that the

Mental health and the criminal justice system have long been intertwined. Analyzing and understanding the links between these two subjects demands for a person to go in to depth in the fields of criminology, sociology, psychology, and psychiatry, because there are many points of view on whether or not a person’s criminal behavior is due to their mental health. Some believe that an unstable mental state of mind can highly influence a person’s decision of committing criminal actions. Others believe that mental health and crime are not related and that linking them together is a form of discrimination because it insinuates that those in our society that suffer from poor mental health are most likely to become a criminal due to their

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.

This essay will look at the public understanding of the nature of mental disorder and to what extent it is associated with dangerousness and violence. The essay will begin by exploring the public’s perspectives and opinions on the matter and the impact that the mentally ill have on crime rates. Specific social perspectives will also be explored..

An unfortunate reality in today’s society is the gross overrepresentation of persons with mental illness in the criminal justice system. According to Teplin (1984), persons with mental illness have been found to be almost twice as likely as individuals without any known mental illness to be arrested for their behavior in similar situations. Furthermore, several other studies have even shown that roughly half of all persons with a mental illness have been arrested at least once in their lifetime (Solomon & Draine, 1995; Walsh & Bricourt, 2003). Although these statistics seem to further support the common belief among many citizens that mentally ill persons are dangerous criminals, research indicates that the mentally ill are more often arrested for nonviolent minor charges (Cuellar, Snowden, & Ewing, 2007). Not surprisingly, a considerable portion of individuals within the criminal justice population have a diagnosable mental illness. According to Ditton (1999), 7% of federal inmates, 16% of state inmates, and 16% of jail inmates have a mental illness. These percentages may be inflated because persons with mental illness tend to spend longer periods of time in custody than those without a mental illness. Perhaps the greatest indication of the brokenness of the system is the fact that there are more mentally ill persons in jails and prisons today than in public psychiatric hospitals (Lamb& Bachrach, 2001). In fact, according to the

The criminalization hypothesis implies that within the criminal justice system those who suffer from a serious mental illness are over represented because they are arrested and committed for actions caused by their untreated mental illness (Litschge &Vaughn, 2009). This implies that the environmental obstacles faced by the mentally ill directly lead to their arrest.

48). Also for any mental disorder the inmate prevalence rate was almost three times the rate of the Australian population (15% vs. 42% among inmates) (Butler & Allnutt 2003, p. 48). These statistics clearly demonstrate the critical nature of the mental health issue within the NSW CJS and in particular the prison system.

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

Roy Blunt, American politician, once said, “People with mental health problems are almost never dangerous. In fact, they are more likely to be the victims than the perpetrators. At the same time, mental illness has been the common denominator in one act of mass violence after another.” There is a misconception that mental disorders such as dissociative identity disorder and schizophrenia are the same. Today’s society often see all mental disorders as one, however, they are very much different. If one was to say someone with multiple personalities is the same as someone who has hallucinations and/or has delusions, they are incorrect, which is why in specific cases such as schizophrenia, the legal term “not guilty due to mental disorder” should be valid.