Scott P.

As a whole, literature on the topic of mental illness in our country and specifically in our criminal justice system had a reoccurring theme. There are millions of individuals who suffer from mental illness but are improperly being handled through the criminal justice system. These individuals are deemed criminal just by their acts and their mental health state is not overly examine. Jails and prisons are being overcrowded. State prisons and jails are overpopulated anywhere from 15 to 32% (Spending Money in All the Wrong Places: Jails & Prisons).

In Texas, a man with schizophrenia was executed (Kelsey Patterson) even after the Board of Pardons and Paroles recommended clemency after learning of his time spent in mental hospitals and his unintelligible rambling.

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

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.

As we know today that Charles Laverne Singleton was executed by a lethal injection on January 6, 2004 for the murder of Mary Lou York (19 years old) while robbing Mary’s grocery store. According to the records available, Mr. Singleton was diagnosed with mental disorder such as schizophrenia/psychosis after he was arrested. In 1986, US Supreme Court made the decision that the execution of the insane is against the law and constitution under Ford vs. Wainwright. After wards Mr. Singleton was set up for multiple dates for execution, but the dates were appealed according to 1990 U.S. Supreme Court decision under Washington vs. Harper. So it made Mr. Singleton to be treated involuntarily to make him stable because he was danger to himself and others.

Debate over capital punishment is nothing new, but it reaches a whole new level when the accused is mentally ill. The question then becomes… was the perpetrator aware of his heinous actions by knowing right from wrong at the time of the crime or was the mental illness controlling his actions? While being sympathetic to the grief and heart break of the victim’s loved ones, I believe that execution for the mentally ill should not be allowed, because often their illness makes them incapable of knowing right and wrong of their actions. Many of those with mental illnesses often go undiagnosed and untreated, either by choice or by financial circumstances, because of the stigma and general lack of understanding associated with this type of diagnosis in our society.

There are laws and decisions of United States government and higher orders that present controversy to the people of America. In the state of Texas the application of the death penalty is difficult to interpret, especially for the mentally ill, because there is no written law or bill that explains the execution implication in complete detail. The death penalty is a capital punishment of death for those who have committed such high crime. This penalty goes for everyone who does such act no matter who you are, how rich how poor, or where you stand in society. For the longest time, even with the mindset and understanding that those who commit crime to a certain level can receive the execution punishment, the concern and debate whether the mentally

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.

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

Four years prior to this case, the Supreme Court ruled that “the Constitution bars states from executing prisoners who are insane.” Then a few moments later after an inmate submitted an appeal on death row, The Supreme Court agreed “to decide the further question of whether a state can, in effect, make a prisoner eligible for execution by administering anti-psychotic medication against his will.” In the Perry v Louisiana case, Keith B. Nordyre argues for Perry’s rights, whether or not they

Each day vast amounts of people with mental disorders are being cycled through the criminal justice system. A recent study shows that approximately twenty percent of prisoners have a mental illness, and out of all of the mentally ill people alive, forty percent of them will serve some sort of jail time in their lifetime. In recent studies, it has also appeared that individuals being incarcerated have more severe types of mental illness, including psychotic disorders and major mood disorders than they did in the past. In fact, according to the American Psychiatric Association, between two and four percent of all inmates in state prisons are estimated to have a psychotic disorder such as schizophrenia, thirteen to nineteen percent have severe

Image a life where you have difficulty defending yourself and nobody can clearly understand you. Now visualize trying to convince others that you are innocent of a crime. Since the early 80s, more than sixty mentally ill criminals have been executed the US (Mental Illness on Death Row). This paper will discuss the relationship between the law and the challenges faced by mentally criminals from tries to appeals and execution. It provides examples of some of the more famous cases of the execution of the mentally ill and describes current legislative. But we would try answer the whether the mentally disabled criminals should be charged with a death penalty. Throughout this paper, we will use Borromeo 's definition of someone with mental issues. He stated "mental retardation is a lifelong condition of impaired or incomplete mental development..." ( Borromeo 178). Some examples of these illnesses include but are not limited to major depression, bipolar disorder, post traumatic stress disorder and borderline personality disorder .

Mentally ill patients are placed to death, most of the time they don’t know what they’re doing. Many people are just born with defects to their brain with the intention that causes them to act a certain way. No amount of drugs, schooling, treatment, or positive reinforcement will change them. It isn’t fair that someone should be murdered only because they were unlucky enough to be born with a brain defect. Although it is precisely unconstitutional to put a mentally ill patient to death, the rules can be indistinct and you still need to be able to convince a judge and jury that the defendant is mentally ill. There isn’t a way for the government to

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.