Abstract
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.
Mental Disorders A mental disorder, also known as a mental illness or psychiatric disorder, is a diagnosis by a mental health professional of a behavioral or mental pattern
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
As defined by experts, a mental illness is a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and involves changes in thinking, emotion, behavior, interpersonal interactions, daily functioning, or a combination. The causes of mental illness are complex and vary depending on the theories associated to the different biological, psychological, and environmental factors. The etiology of mental illness is based on five broad models: biological, psychological, behavioral, cognitive, and social.
There are three significant issues concerning law enforcement, namely enacting the law, police discretion, and assessment of criminal behavior. Different entities create and enact laws that are specific for the societies those laws represent.
The official statistics are particularly useful in that they have been collected since 1857 and so provide us with an excellent historical overview of changing trends over time. They also give us a completely accurate view of the way that the criminal justice system processes offenders through arrests, trials and punishments. However, official statistics cannot be taken simply at their face value. They only show crimes which are reported to and recorded by official agencies such as the police. They account for only those crimes which are recognised as such by victims and those detected by the police. Sociologists have argued that there exists a ‘dark figure’ of unrecorded crime. This may be due to social agencies ignoring crimes committed by the ruling class such as white-collar and corporate crime and their views and stereotypes that they have against certain individuals, such as the working-class and ethnic minorities. Arguably, another reason why police recorded may be seem as inaccurate is due to the increased problem of reporting issues. There is evidence that a number of individuals choose not to report a crime on the basis that they have little faith in social agencies or that they feel that the crime may not be serious enough. Positivists favour the official statistics as they believe that they are functional for society, whereas interactionists and Marxists go against the police the statistics as they argue that they are bias. In this essay, I will discuss the
The realities and everyday necessities in Indigenous communities seem concealed and compromised in the enduring Indigenous criminal law discourse which is framed by issues throughout history, jurisdictions, prisons, courts and the criminal justice system. Whilst today’s intergeneration effects of poverty and the loss of autonomy fuel Indigenous disadvantage, the criminal law institution is another contributor which vividly displays disadvantages and barriers which preclude Indigenous Australians from sufficiently accessing justice. However, the pursuit for justice is more multifaceted than a return to Indigenous tradition and retainment of the dominant criminal justice system. The following essay will highlight this
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
The problems surrounding the criminal justice system range from a variety of issues in different areas of the system. But i believe they are all connected back to a societal problem, that has to do with a outdated philosophical notion “redemptive violence”. I will break down each aspect, which i find most troubling. I will cover problems between policing and peacekeeping, corrections options, and the issue of redemptive violence which is a major issue in the philosophy of the criminal justice system. These issues represent problems that have always been key topics when discussing problems of ethics in criminal justice. Policing and Peacekeeping are roles that have long been debated in usefulness to stopping crime. Corrections comes with the reality of incarceration having little chance of success but more likely a higher rate of recidivism. I well also touch on briefly the issues of attorney discretion. While the issue of redemptive violence ties them all in, As i well show this philosophy is the “root of all evil” in the issues facing the criminal justice system.
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
The United States has the highest rate of adult incarceration among the developed countries, with 2.2 million in jails and prisons. A recent study by the U.S. Department of Justice found that more than half of all prisons and jail inmates have a mental health problem compared to 11 percent of the general population, yet only one of three prison inmates and one in six jail inmates receive any form of mental health treatment. Those with mental disorders have been increasingly incarcerated during the past three decades. The treatment of severally mentally ill offenders has become an increasingly important and urgent issue because
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.
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 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.
Prisons where essentially build to accommodate a number of prisoners but over the years it has reach over capacity. Today in the United States there are approximately 193,468 federal inmates that consisting of the Bureau of Prisons Custody, private managed facilities and other facilities. The inmates ages range from 18- 65 with the median age being in their late 30’s. This number is counting both male and female population with male being 93.3% of inmates and females being 6.7%. The number of inmates has steadily increase since 1980 with only having approximately less than 50,000 but today the number has gone more up. Drug offenses are the highest number for inmate’s imprisonment, the next highest offense would be weapons, explosives and arson; immigration and miscellaneous fall next in lines. The number for the other offenses such as robbery, extortion, fraud, bribery, burglary, larceny, property offenses and other offenses are lower. Overcrowding prison has become problematic as the prison population continue to increase leading to proper care and attention for prisoners.
In order to keep a safe society, it is important to establish a nation with
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