Sentencing Mental Health Courts

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).

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

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,

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

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

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.

Today, it seems almost incomprehensible that so many people with serious mental illnesses reside in prisons instead of receiving treatment. Over a century and a half ago, reform advocates like Dorothea Dix campaigned for prison reform, urging lawmakers to house the mentally ill in hospitals rather than in prisons. The efforts undertaken by Dix and other like-minded reformers were successful: from around 1870 to 1970, most of the United States’ mentally ill population was housed in hospitals rather than in prisons. Considering reformers made great strides in improving this situation over a century and a half ago. Granted, mental hospitals in the late 19th and early 20th century were often badly run and critically flawed, but rather than pushing for reform of these hospitals, many politicians lobbied for them to close their doors, switching instead to a community-based system for treating the mentally ill. Although deinstitutionalization was originally understood as a humane way to offer more suitable services to the mentally ill in community-based settings, some politicians seized upon it as a way to save money by shutting down institutions without providing any meaningful treatment alternatives. This callousness has created a one-way road to prison for massive numbers of impaired individuals and the inhumane warehousing of thousands of mentally ill people. Nevertheless, there are things that can be done to lower the rate mentally ill persons are being incarcerated. Such

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.

Mental health courts are a resource given to prisoners who would normally be put in prison if they had not decided to join this special program. Mental health court is a court run program by the district attorney’s office in some counties. This program is based off of traditional court room structure but is also paired with community services. Mental health courts solve a lot of different problems within our criminal justice system. The first problem it solves is the

The theory of ‘deinstitutionalization’ began arising with the theory of providing more freedom to the mentally ill and less spending on full time care facilities. The widespread use of drugs to control the mentally ill in the 1900s led to a mass release of patients and an emptying of asylums. Outpatient Psychiatric Clinics were established. Case Law in the United States began to be generated to provide the mentally ill with greater rights. Shelton v. Tucker 1960 provided that the mentally ill should receive care in the “least restrictive alternative”, which is a practice still utilized. O’Connor v. Donaldson 1975 ruled that non-dangerous mental patients have the right to be treated or discharged if they have been institutionalized against their will. This new approached permitted the mass exodus

Psychological disorders are common in the United States and worldwide. The National institute of mental Health discovered that, “An estimated 26.2 percent of Americans ages 18 and older — about one in four adults — suffer from a diagnosable mental disorder in a given year.” Having an uncle who was diagnosed with Schizophrenia in 2003 has changed the way I see people with mental illnesses. After reading and watching the documentary about prisoners who have to undergo medication just to live a “normal” life has given me inspiration to come up with a few ways that will help our justice system deal with these sorts of individuals. While researchers are trying to come up with different medical measures to cure these diseases we as individuals can implement some procedures to help and support mental patients.

This research paper discusses the issues of people who suffer from mental illness being placed in jails instead of receiving the necessary treatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to care for these inmates and because of that inmates who do not receive the treatment they need are at a higher risk of becoming a repeat offender. Despite the research and findings that show that the criminal justice system is unable to deal with issues dealing with the mentally ill there has been limited solutions put in place. Given the challenges the criminal justice system faces it is important to address the problem and come up with better solutions. This research paper will discuss the various techniques and solutions that scholars have propped and their effect on the issue of mentally ill criminals and how the criminal justice system should approach the problem.

Jails have been described as “de facto mental hospitals” because they have filled the void created when state psychiatric hospitals began closing in the early 1960s through a process known as deinstitutionalization. Supporters of deinstitutionalization thought the process would help individuals suffering from a mental illness live more self-reliantly while being treated by community mental health programs. However, the federal government did not provide the necessary funding to meet the mounting demand for these programs, leaving numerous untreated. Individuals with serious mental illnesses are often poor or homeless and are likely to have substance abuse problems. Therefore, when they are left untreated, they are more likely to commit minor crimes that have been the focus of law enforcement in recent years (H. Richard Lamb and Linda Weinberger).

As assumed, mental health courts are available to the mentally ill and disabled population. With that being said, if an individual goes through valid and reliable testing for a mental illness or disability and it comes back positive, the use of a mental health court in a criminal case can be warranted. Nonetheless, this is only legally binding if the results of professional testing deem that a mental illness or disability contributed to their criminal activity. The reasoning behind the availability of mental health courts is to allow individuals who are deemed mentally ill or disabled during a criminal case the ability to gain stability through multiple intervention measures. Subsequently, one feature of mental health courts is giving “defendants