Where Is The Gray Area Between Criminality And Insanity?

This paper discusses three critical issues in the criminal justice system. It touches on the general issues of punishment philosophies, sentence decision making, and prison overcrowding and focused more specifically on the negative effects of each. Highlighted in this informational paper is the interrelated nature of the issues; each issue affects and is affected by the others. Data and information has been gathered from the FBI Uniform Crime Report, the Bureau of Justice Statistics, Amnesty International, the NAACP Legal Defense

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).

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.

In the video, “The New Asylums”, it demonstrated how deinstitutionalization has left thousands of mentally ill patients in the hands of the prison system. As the mental health hospitals closed down, the police department and prison system has become responsible for the mentally ill people that are on the streets. There was a firm point made about the release of mentally ill patients- “When hundreds of thousands of mentally ill are released, they do not magically become healthy. They went to the streets, became homeless, and turned to a system that cannot say no.” The video also stated that today, there are nearly 500,000 mentally ill people being held in jails and prisons throughout the country. Furthermore, there was no safety net for those

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

I believe so many are diagnosed with mental illness in the criminal justice system due to their repetitive actions of law breaking. In the beginning, these offenders are unaware a mental illness exists. So many offenders have pre-existing mental illnesses which are untreated; others may acquire a mental illness while incarcerated. This could be due to aging, or an occurrence which takes place in prison such as segregation. Separating humans from and isolating them from any population is

When we think about prisons, jails, and courthouses, our minds are meant to draw a connection to cold, hard, justice and fair punishments for guilty and deserving parties. Yet, in our judicial and prison systems around the world, this idea is nowhere close to reality. From inhumane punishments, to mass incarceration, and “trapping” people in the system based on race or financial status, justice is far from being served.

Randle, Michael P., Director of Illinois Department of Corrections. "Mental Illness And Prisons." FDCH Congressional Testimony (n.d.): Military & Government Collection. Web. 26 Feb. 2013.

There are many different types of people in prison. This includes race, religion, age, and nonviolent and violent inmates. “People who break the law are not all alike. They are an enormously diverse group of human beings.” says a sheriff at a prison in Illinois. Black individuals are imprisoned nearly six times the amount of white individuals. Latinos are two times the white rate. 13% of the U.S. population is black, 14% of the black populations are drug users, and 37% of the black prison population are in for drug use. (Wilson pg. 1 par. 9) Prison is full of many racists and black and white individuals are put in the same cell. Because of the higher black population in prison, if a fight breaks out between races, the odds are always in the black peoples favor. Also, prisons routinely put violent and nonviolent inmates together. This puts the nonviolent inmate in danger. Lastly, age differences have become an issue. When inmates of different ages, six years or more, are placed in the same cell, a fight is ten times more likely to happen. (Harris pg. 2)

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.

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

In criminal cases where an insanity defense is used, the defense must prove beyond a reasonable doubt that the defendant was not responsible for his or her actions during a mental health breakdown. There are two forms of an insanity defense, cognitive and volitional. In order for an individual to meet the requirements for cognitive insanity it must be proven that the defendant had to be so impaired by a mental disease at the time of the act that they did not know the nature of what they were doing. If they are fully aware of their actions, one must prove that they didn’t know what they were doing was wrong. Volitional insanity, also known as irresistible impulse, states that the defendant is able to differentiate between right or wrong at the time, but suffered from a mental disease that made them unable to control themselves. Volitional insanity is common in crimes of vengeance, where very few states allow the use of this defense. The insanity defense should not be confused with incompetency. In incompetency cases, the individual is not able to understand the nature and consequences of the case, nor adequately able to help an attorney with his or her defense. The insanity defense reflects the approach that an individual who can’t acknowledge the consequences of their actions should not be punished for the crime. In most jurisdictions a professional is bought in to determine if the defendant was not able to differentiate between right or wrong at the time of the

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).

The purpose of this essay is to explain why the insanity plea, or the insanity defense as it is also known, is not a legitimate defense for any type of crime. The insanity defense has been around for a number of years but does it make a mockery of the legal system? While many people have used the insanity defense, it loses more times than it wins. This defense is used when someone believes they did not know right from wrong while committing the crime. The problem with this is that it is hard to know someone’s mental state when there is not much evidence to go on. Someone can become mentally ill after a crime or someone may have been mentally ill before a crime. Neither one of these issues always weigh on the actual crime. A large

Whenever you imagine prison, you think up ideas and violent images that you have seen in the movies or on TV.   Outdated clichés consisting of men eating stale bread and drinking dirty water are only a small fraction of the number of horrible, yet just occurrences which are stereotypical of everyday life in prison.   Perhaps it could be a combination of your upbringing, horrific ideas about the punishment which our nation inflicts on those who violate its’ more serious laws that keeps people frightened just enough to lead a law-abiding life. Despite it’s success in keeping dangerous offenders off the streets, the American prison system fails in fulfilling its original design of restoring criminals to being productive members of society, it is also extremely expensive and wastes our precious tax dollars.