Sections of the Mental Health Act Explained

The conclusion had is there is no one solution for all of these individual cases however the author does state “The goal is to reach a balance between the rights of the patient to treatment and the responsibility to ensure public safety. The balance between patients’ rights, the right to treatment, and public safety is taken into account with the “treatment years” approach.” (Melamed). This balance between punishment and treatment will largely depend on the severity of the crime committed, and differ from case to case. The term “treatment years” refers to the duration of time spent with medical personnel helping subdue the condition expressed by the patient before they are deemed ready to be a part of society once more. The implication of juries that are more informed on the topics of mental health and are able to view that in the context of sentencing could also benefit a suitable and more understanding sentencing of jail and treatment time. The context of murder with punishment and treatment is more difficult to find a balance with than other less severe crimes. The perpetrator has shown the ability to commit the worst crime imaginable and has demonstrated their danger to society and capability to damage lives. With this taken into account punishment for the perpetrator needs to be

Disabilities; these may include a physical or learning disability. Children with a learning disability may not be capable of holding their attention for an extended period or pay close attention in class. A learning disability is not a problem with intelligence, disorders are caused by a difference in how information is received, processed and communicated in the brain.

When it comes to forensic mental health service provision, one of the most essential elements to understand from a legal perspective is what is actually allowable by law in terms of involuntary care provision (Guide, 2000; Mental Health Act, 2000). While social workers

Essentially, during the civil commitment stage of the offender's sentence, a judge or jury must legally determine whether, beyond a reasonable doubt, the person meets the definition of mental illness, a danger to themselves or others, or guilty of a crime. If this is so determined, then the person will be civilly committed to a special Commitment Center for control, care and treatment until the person's

The use of mental health courts has been growing in the U.S., which has led to the discussion about how the mental health courts further promote medicalization of deviance; this is true. As outlined by Tammy Seltzer (2005), mental health courts have only been successful due to failures in the

In 1959, the Mental Health Act was passed to stop the difference in mental hospital and other hospitals. Before this act mental illnesses were looked at differently. People with mental disabilities were put in asylums. Now the world sees that differently because we include them in everyday life. In Flowers for Algernon, Charlie Gordon experiences having a mental illness, and learns how to live a normal life after a life changing surgery. Charlie’s surgery changes his life for the rest of his life.

Mental health courts are courts specifically dedicated to offering an alternative option to incarceration for the mentally ill offenders by providing treatment options. The idea of mental health courts is noble, one should not view only the benefits but also the possible detrimental impacts they could have on the public before providing funding. One can only make an informed decision on the merits of mental health courts funding when they weigh the benefits recidivism rates, public safety, equality for the mentally ill against the detrimental effects such as reintegrating convicts back into society, promotion of medicalization of deviance, and the possible unnecessary arrests.

What should the court rule in order to make sure that the GBMI offenders get proper care in psychiatric facilities?

To execute a man who is severely deranged without treatment, and arguably incompetent when treated, is the pinnacle of what Justice Marshall called 'the barbarity of exacting mindless vengeance. This leaves those doctors who are treating psychotic, condemned prisoners in an untenable position: treating the prisoner may provide short-term relief but ultimately result in his execution, whereas leaving him untreated will condemn him to a world such as Singleton's, filled with disturbing delusions and

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.

The Equality Act 2010 requires equal treatment regardless of disability to employment as well as private and public service. Therefore employers and service providers must make reasonable adjustments to their workplaces in order to make it suitable and easily accessible for those with disabilities. Learning disability may at times be referred to as learning disorder or learning difficulty. This is when a person's brain is affected by factors that make it difficult for them to receive or process information in the typical manner. This prevents the individual from learning as quickly as someone without the disorder. Those with learning disabilities tend to find it difficult completing tasks when left to their own accord. A person's intellectual impairment can be categorised using their IQ. With an IQ between 50-70 is considered a mild disability, 35-50 is moderate, 20-35 is severe while below 20 is Learning disability occurs when a person's brain development is affected. According to http://www.nhs.uk there are particular situations that affect the development of a person's brain, these includes; 'the mother becoming ill in pregnancy problems during the birth that stop enough oxygen getting to the brain the unborn baby developing certain genes the parents passing certain genes to the unborn baby that make

Since the closure of the asylum’s doors, the prison compound has become the home to mentally ill offenders. They receive help by getting treated, but others, are abused further inside the prison’s walls. Each year, the number of inmates diagnosed increases, but also the ones who get arrested already mentally ill. The public shies away from them, but they also think they should be treated in a hospital, not in a prison. While there are many cases out there, that have either made a significant difference to their treatment, or just a little nudge to change, the numbers do not drop.

The purpose of these specialized health courts are to provide the fundamentals or begin the foundation to break the pattern of worsening mental illnesses and criminal behaviors. In this system the health courts rely on community justice partnership programs which involves the help from social services and mental health treatment facilities. These health courts are equipped with judges, defense attorneys, prosecutors, and other mental health experts that have training in dealing with mental illnesses, familiar with service resources and who are able to provide the proper rehabilitation for the offender. Mental health courts provide jail diversion programs, specialized probation, specialized parole as well as, ongoing mental health assessments that create individual treatment plans and judicial monitoring to aid in the mental health needs of offenders and the safety of the public community. During trial these courts are expected to coordinate with police, sheriff, prosecutors and state and local service systems when prosecuting the offender and confront the problems that contributed to the criminal acts in the minds of the mentally

The ‘Mental Health Act 2007’ is another piece of legislation that would allow an Adult such as Colin to be safeguarded. The act is the law in England and Wales that allows people with a mental disorder to be admitted into hospital, detained and treated without their consent. The reason for this would be due to the individual’s health and safety or for the protection of others. (Department of Health, 2015) If Colin was to deteriorate and not receive help he could become a danger to himself and others due to his increasing anger outbursts and frustration. There are 10 main principles when considering the act, the 10 principles are as followed: past and present your wishes are taken into account, you get the information and support you need to

The Mental Health Act is legislation providing the framework, authority and criteria for people experiencing mental health disorders to be admitted involuntary to a Schedule 1 facility for observation, care and treatment.