For this assessment, you analyze case studies that feature issues related to mental health and crime.
Explain how to distinguish between mental illness and criminality, using examples from the case studies to illustrate the difference.
Explain how the criminal justice system has typically or “traditionally” addressed an offender who has committed a crime due to a mental health issue, using examples from the case studies to illustrate the difference.
Explain how the contemporary criminal justice system addresses an offender who commits a crime due to a mental health issue, using examples from the case studies to illustrate your response. For example, address the following issues:
How should the responding officer proceed?
How should this person be processed through the criminal justice system?
What are the appropriate charges, if any?
How should the judge at the arraignment hearing proceed?
Explain whether you agree or disagree with the following statement: The criminal justice system has an ethical obligation to rehabilitate or treat offenders suffering from mental illness.
What is the role of the criminal justice system regarding these types of incidents?
Full Answer Section
In contrast, the case of Leon Hutchinson illustrates how mental illness can sometimes intersect with criminality. Hutchinson, a man with a history of mental health problems and substance abuse, committed a fatal stabbing while suffering from a paranoid delusion. While his mental illness may have exacerbated his actions, the crime itself was a deliberate act of violence that violated the law.
Traditional Approach of the Criminal Justice System
The criminal justice system has traditionally struggled to adequately address offenders with mental health issues. In the past, offenders with mental illnesses were often incarcerated without proper treatment or evaluation. This approach often led to repeat offenses and failed to address the underlying mental health issues that contributed to the criminal behavior.
Contemporary Approach of the Criminal Justice System
The contemporary criminal justice system is increasingly recognizing the need to address the mental health needs of offenders. Many jurisdictions have implemented diversion programs that connect offenders with mental health treatment instead of incarceration. These programs have been shown to be more effective in reducing recidivism and improving the overall well-being of offenders with mental illnesses.
Responding Officer's Procedure
When responding to an incident involving a person with a suspected mental health issue, the responding officer should proceed with caution and empathy. They should assess the situation for safety and call for mental health assistance if necessary. The officer should also avoid engaging in confrontational or accusatory language.
Processing of the Offender
If the person poses a danger to themselves or others, they may need to be detained for an involuntary mental health evaluation. However, whenever possible, the criminal justice system should seek to divert offenders with mental health issues to treatment programs rather than incarceration.
Appropriate Charges
The appropriate charges for an offender with a mental health issue will depend on the specific circumstances of the case. In some cases, the offender may be charged with a crime, but their mental illness may be considered a mitigating factor at sentencing. In other cases, the offender may be found not guilty by reason of insanity.
Judge's Procedure at Arraignment Hearing
At the arraignment hearing, the judge will determine whether there is sufficient evidence to proceed with the case. If the judge determines that the offender has a mental health issue, they may order a competency evaluation to determine whether the offender is fit to stand trial.
Ethical Obligation of Rehabilitation/Treatment
I agree with the statement that the criminal justice system has an ethical obligation to rehabilitate or treat offenders suffering from mental illness. Incarceration without treatment is often counterproductive and fails to address the root causes of the criminal behavior. Diversion programs and mental health treatment can help to break the cycle of recidivism and improve the overall well-being of offenders with mental illnesses.
Role of the Criminal Justice System
The criminal justice system plays a critical role in ensuring that offenders with mental health issues receive the treatment and support they need. By implementing diversion programs and providing access to mental health services, the criminal justice system can help to reduce recidivism, improve public safety, and promote the well-being of individuals with mental illnesses.
Sample Answer
Distinguishing Mental Illness from Criminality
Mental illness and criminality are often conflated, but they are distinct phenomena. Mental illness is a medical condition that affects a person's thinking, feelings, and behavior. Criminality, on the other hand, is a legal term that refers to acts that violate the law. While people with mental illnesses may be more likely to engage in criminal behavior, not all people with mental illnesses are criminals, and not all criminals have mental illnesses.
Case Studies Illustrating the Difference
The case of Kelsey Patterson provides a stark example of the distinction between mental illness and criminality. Patterson, a man diagnosed with paranoid schizophrenia, committed several violent assaults while in the throes of delusions and hallucinations. His actions were clearly motivated by his mental illness, not by a criminal intent to harm others.