The Use And Abuse Of Involuntary Commitment

Despite the fact that my parents have worked in the criminal justice system for many years, I have never given much thought to the treatment of prisoners. As we learned from the readings, the current state of the United States criminal justice system is imperfect to the point of cruelty to those involved in it. This is truer for individuals with a mental illness. Due to a lack of psychiatric facilities throughout Alabama and overcrowding of those that do exist, many criminal offenders with mental illnesses are sent to prisons instead. State prisons are currently overcrowded, leading to substandard conditions such in almost every aspect.

The deinstitutionalization of state mental hospitals has left many individuals untreated and in the community where there come under police scrutiny due to their odd behavior, that is a manifestation of their illness. Majority of mentally ill offenders have not committed a serious crime and are subjected to inappropriate arrest and incarceration (Soderstrom, 2008). This new policy has become quite a concern to the fact that the correctional environment has proven to show no positive results in the mental health of the offender during their time of incarceration or upon their release date and thereafter (Soderstrom, 2008).

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

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 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

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.

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.

One of the most controversial issues regarding the mentally ill and the prison system is the medical treatment received. According to the film, “16% of the prison population in the state of Ohio, which reflects a national average, are persons who have been diagnosed with mental illness.” Prisons began as an institution designed to rehabilitate, however, a vast majority of prisons throughout the country do not provide adequate medical care for their mentally ill inmates. However, the prisons that do possess adequate health care are most likely the first instance in which the inmates with mental illness have received any sort of treatment in their entire life. People with chronic mental illness need constant supervision which they cannot get outside of prison. Although inmates does not receive the most extensive treatment, the treatment they do receive is well beyond the treatment they would have received had they stayed out of the criminal justice system.

Over the past thirty years, there has been a 500% increase in the U.S incarceration rate. (The Sentencing project, 2014) Advances in medicine, such as the discovery of psychoactive drugs, led to the deinstitutionalization of mentally ill patients from psychiatric hospitals. With a long record of horrific abuse,

I was not surprised to discover that half of all inmates had a mental illness (Hoke 3015). Hoke analyzes the social elements that make an impact on those persons with known mental illnesses in prison. Noting policy changes that have increased prison rates for mentally ill people, Hoke presents a good argument on how mentally ill inmates are treated within the criminal justice system. Her research seemed to be thorough and convincing. She maintains the idea that mentally ill inmates do need help making a successful transition upon release through steady employment and housing.

Within contemporary society, the legal process of placing an individual into a detention or psychatric treatment facility is called "civil commitment." Typically, this is reserved for the mentally ill, or those people who have satisfied the Court's rule that they are a danger to others, or to themselves. Society realizes that, at times, an individual may pose a danger to themselves or to society and be unable to make rational decisions. In fact, in most jurisdictions in the modern world, involuntary commitment procedures are specifically applied to individuals who have manifested some form of serious mental illness that acts to impair their reasoning to such extent that they are unable to make cogent and logical decisions. Therefore, at these times the state (the Court system) must intercede to find ways to make the appropriate decisions under a legal template. Involuntary commitment may have, in the past, been used in certain situations, inappropriately, but the statutory criteria that indicates one is a danger to self or others usually acts as a legal axiom (Korba, 2008).

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

at which time states began passing State Care Acts in the 1890 early 1900. These acts transferred the care of the severe mentally ill to the state. Where

In 1965, there was a histrionic change in the method that mental health care was delivered in the United States. The focus went from State Mental Hospitals to outpatient settings for the treatment of mental health issues. With the passing of Medicaid, States were encouraged to move patients out of the hospital setting (Pan, 2013). This process failed miserably due to under funding and understaffing for the amout of patients that were released from the State Mental Hospitals. This resulted in patients, as well as their families, who were in dire need of mental health services. This population turned to either incarceration (jails and/or prisons) or emergency departments as a primary source of care for their loved ones.