Mentally Ill Argument

When you think of mental illness, you don’t always think about all the ways it can affect you or your loved ones. Even if you do, you don’t realize how much a mental illness can change whoever it is affecting. “The Brain on Trial” by David Eagleman, a neuroscientist, is an article about mental illnesses and our legal systems. He explains the various effects mental illnesses can have on people and how the legal systems don’t always take this in to account in court. He also talks about the changes in your brain and personality when you have something such as a tumor or dementia. His stories are true and provide real world examples of some of the effects he has seen in people who have developed a mental illness.

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.

There has been an argument on whether or not mentally ill offenders should be held accountable for their actions. Mentally ill offenders have been filling up state prisons and jails at a rapid pace, but should they really be held in these environments? A mentally ill offender is a person who suffers from mental disorders such as schizophrenia which separates them from society. Mentally ill offenders who have illnesses such as schizophrenia should be held accountable for their crimes to an extent meaning, they should be sent to mental hospitals to treat their illnesses.

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

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

Formal options (hospitalization and arrest) may be time consuming for the officer as well as not be in the best interest for the person that is mentally ill whereas, sometimes officers are sometimes left unable to resolve the matter informally because of the inexperience and unfamiliarity with de-escalation techniques. Law enforcement officers are trained to assess the situation and take the best course of action to resolve the issues, especially when dealing with the mental health community the goal is that the situation can be resolves peacefully. However, recent interactions between law enforcement agencies and mentally ill suspects have had some disappointing results (Teplin, 2000).

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.

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.

Though the mentally ill believe that they deserve to have their health record reversed by the

In cases where a defendant has committed the crimes in question but is clearly mentally ill, a “guilty but mentally ill” verdict is used. The guilty but mentally ill verdict acknowledges when a defendant 's mental illness played a large role in a crime without causing it. A guilty but mentally ill defendant is sentenced in the same way as if the defendant were guilty, then the court decides whether the defendant requires treatment for their mental illness. One criticism of the guilty but mentally ill verdict is that, given the level of mental health resources in prisons and jails, it is not very likely a defendant will actually receive relevant treatment while incarcerated.

Mental illnesses can be used as a defense when pleading guilty in a case as well. David Zink, who was to be put to death in 2001 for the murder of a 19-year-old girl, pleaded to be mentally ill in hopes of a chance to live. “David Zink kidnapped, raped and mutilated a 19-year-old girl near Stafford, Missouri.” When on trial Zink’s attorneys stated that he suffered from “antisocial, narcissistic and paranoid personality disorders”. Mr. Zink’s attorneys argued that these mental disabilities gave complete reason as to why he committed the murder and as to why he should be let off.

The mentally ill are self-medicating to get a sense or normalcy which can cause them to eventual commit minor crime where thy end up in prison suffering through the withdraw symptoms of the drugs they were using to self-medicate their mental illness. Those who do end up behind prison seem to get worse rather than better because when combining the withdraw of the drugs with the environment their mental state is not where it could be. If they where in a place that specialized in mental illness rather than behind a prison cell it seems that the mental ill could thrive rather than be left alone to try to figure out what is going on in their own

family are directly impacted. Dealing with a mentally ill patient can be very stressful, especially

Mental illness and deviance fit together like a puzzle. Many times if someone commits a crime or does something so insanely crazy, people are quick to say “Well, they were mentally ill”. Although, that is not always the case, a lot of the time it is. If someone is an excessive drinker, people will label them mentally ill. They obviously must have something wrong with them if they just drink all the time. If someone commits a murder, they will be labeled mentally ill. If someone does drugs, robs a store, commits suicide, and so many more things – they will automatically be labeled as someone who is mentally ill. People will plead insanity so that they don’t get the death penalty in prison. Pretty much every time, if someone

Its interesting to read what sort of testing is done before someone can truly claim they are insane. I have always wondered how they truly know if someone is really insane or if they just claim that to try and get a lesser sentence. I feel like I have heard more people do it than just 1 percent. It wouldn’t be as obvious if they had been diagnosed with the illness previous to the crime other than after the crime has already been committed.