Full Answer Section

Another way to distinguish between mental illness and criminality is to consider the person’s culpability. Culpability is the degree to which a person is responsible for their actions. People with mental illness may be less culpable for their actions than someone who commits a crime without any mental health issues.

Examples from the case studies

Case Study 1:

A man with schizophrenia experiences a psychotic episode and believes that the people around him are trying to kill him. He stabs a stranger on the street.

In this case, the man’s mental illness (schizophrenia) was a significant factor in his crime. He was experiencing delusions that led him to believe that he was in danger. However, he may not have been fully aware of the consequences of his actions.

Case Study 2:

A man with a personality disorder robs a bank because he is bored and wants to feel excitement.

In this case, the man’s personality disorder may have made him more likely to commit a crime, but it was not the sole cause of his crime. He was aware of the consequences of his actions and chose to commit the robbery anyway.

How the criminal justice system has traditionally addressed offenders with mental health issues

Traditionally, the criminal justice system has not been well-equipped to handle offenders with mental health issues. Offenders with mental health issues have often been incarcerated or placed in psychiatric hospitals without receiving the treatment they need. This has led to a high rate of recidivism among offenders with mental health issues.

Examples from the case studies

Case Study 1:

The man with schizophrenia is arrested and charged with attempted murder. He is found competent to stand trial and is convicted. He is sentenced to prison, where he does not receive adequate mental health treatment.

Case Study 2:

The man with a personality disorder is arrested and charged with robbery. He is found competent to stand trial and is convicted. He is sentenced to prison.

How the contemporary criminal justice system addresses offenders with mental health issues

In recent years, there has been a growing movement to reform the criminal justice system so that it is better equipped to handle offenders with mental health issues. This has led to the development of programs such as diversion programs, mental health courts, and competency restoration programs.

Examples from the case studies

Case Study 1:

The man with schizophrenia is arrested and charged with attempted murder. He is evaluated by a forensic psychologist and found to be incompetent to stand trial. He is ordered to undergo competency restoration treatment. Once he is restored to competency, he will stand trial.

Case Study 2:

The man with a personality disorder is arrested and charged with robbery. He is evaluated by a forensic psychologist and found to be competent to stand trial. He is offered a diversion program that would allow him to avoid prison in exchange for completing treatment for his personality disorder. He accepts the diversion program and successfully completes treatment.

How should the responding officer proceed?

When responding to a person who may have a mental illness, the responding officer should:

• Stay calm and professional.
• Avoid making sudden movements or loud noises.
• Try to establish communication with the person.
• Use active listening skills.
• Avoid arguing with the person.
• If the person is in crisis, call for backup.

How should this person be processed through the criminal justice system?

People with mental illness should be processed through the criminal justice system in a way that is fair and compassionate. They should have access to mental health treatment and support services throughout the process.

What are the appropriate charges, if any?

The appropriate charges for a person with a mental illness who commits a crime will vary depending on the specific circumstances of the case. However, it is important to consider the person’s mental health status when determining the appropriate charges.

How should the judge at the arraignment hearing proceed?

At the arraignment hearing, the judge should:

• Inform the defendant of the charges against them.