The courts of New South Wales have responded to the issue of individuals suffering from mental illness under the Mental Health (Forensic Provisions Act) 1990 (NSW) by setting out different courts control and maintain criminal proceedings in cases where the defendant is defined to have a mental illness and also facades mental illness to be a legal defence in criminal related cases, as well as with forensic and correctional patients. Forensic patients are defined as an individual who is confined in an institution or released from custody prone to decisions whereas, a correctional patient is an individual currently on demand or serving a term of imprisonment who is transferred to an institution. An example in relation to court processes being where the District and Supreme courts have the authority to decide if the accused is ‘not guilty due to mental illness’ or ‘not fit to plead.’ Though the concern being if the question as to whether their mental disorder even makes them unfit to stand trial or ‘not guilty by reason of mental illness’, has been raised, the courts may attribute them to the Mental health Review Tribunal. Whereas the Local Court in New South Wales does not deal with individuals in criminal cases who are ‘not fit to plead’ however the magistrate can deal with an individual who is mentally ill by releasing the defendant or referring them to a psychiatric unit with the recommendations from health care professionals.
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Mental Illness has been prevalent all throughout our history from Isaac Newton to Abraham Lincoln to Sylvia Plath and so on. These illnesses can be as minor as a slight bipolar disorder or as severe as schizophrenia. In recent years, mental illnesses are becoming more prevalent in our criminal justice systems than anywhere else. Mental illness is becoming an association with crime and based on the information that has been found, this paper will attempt to further define the problem of mental illness within our criminal justice system and offer alternatives or insights as to how to possibly help with this problem.
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
There are some differences between a normal criminal and a criminal that suffers from a mental illness in the criminal justice system. For example one of the many fundamentals to our criminal justice system is the principle that no one can be tried or adjudged to punishment while mentally incompetent. Trials for mentally unstable people have been modified and are run by different guidelines. Unlike a regular convict, most mentally unstable convicts are unable to comprehend or are unable to complete a trial. Once a convict with a mental illness is convicted or awaiting trail their every medical need must be accommodated within the faculty and it's staff. Without the proper medical care a person with mental illness can become
The court must listen to the evidence received by two doctors and their evidence must satisfy the court that the offender is suffering from a mental illness as described under the definition above and that their detention is appropriate for medical treatment to take place. They must also assert the court that appropriate medical treatment is available for the offender and when considering to imposing the above order the courts must also take into consideration the offenders history and character; any other relevant circumstances and any other alternative methods that could be imposed. All other avenues must also be explored before the court makes its final decision. the evidence given by the doctors must ascertain the court that hospitalisation is the most beneficial course of action to take in this offenders case (MHLO, 2010)
According to Merriam-Webster, mental health illness is described as a broad range of medical conditions (such as major depression, schizophrenia, obsessive compulsive disorder, or panic disorder) that are marked primarily by sufficient disorganization of personality, mind, or emotions to impair normal psychological functioning and cause noticeable grief or disability and that are usually related with a disruption in standard judgement, feeling, mood, behavior, interpersonal interactions, or daily functioning. Mental health is described as a level of psychological comfort, or the absence of a mental illness. It is the "psychological state of someone who is functioning at a satisfactory level of emotional and behavioral adjustment from the perspective of positive psychology or holism, mental health may include an person 's capability to enjoy life, and produce stability connecting life activities and efforts to achieve psychological resilience. The World Health Organization, suggests mental health illness includes "subjective well-being, perceived self-efficacy, autonomy, competence, inter-generational dependence, and self-actualization of one 's intellectual and emotional potential, among others. The WHO further states that the well-being of an individual is encompassed in the recognition of their capabilities, managing with normal stresses of life, constructive work and involvement to their community. Ethnic differences, prejudiced evaluations, and competing professional
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.
This essay intends to address the role that state agencies, both within the Criminal Justice System (CJS) and more broadly the institutions of education, employment and health, play in supporting and implementing diversionary programs for offenders with mental health problems. Mental health is clearly one of the most critical issues facing the Australian and New South Wales (NSW) CJS with research indicating that offenders with mental health problems constitute the majority of those within the prison system. The current strategies for diversion will be critically evaluated in order to determine their effectiveness with regard to the delivery and production of justice, cultural sensitivity for Indigenous Australians will also be considered.
Individuals with a mental illness enter a mental health court as it reduces the number of clients with mental illnesses in the criminal justice system, reduces stigma and stereotypical judgement in court, and reduces the number of clients with mental illnesses in prisons and jails. Although the judge does sentence the client, the client does still retain rights: The right to refuse treatments, the right to proper care and documentation, the right to be informed of all available medical treatments, and most importantly, the right to be treated with dignity as a human being. The court demonstrated that the client’s rights were addressed by offering the client the opportunity to voice his concerns, and by acknowledging his views on his condition. Even though the client did not think he needed help, the nurse and case manager were concerned about his hallucination, eating patterns, and lack of stability. They did not believe that an outpatient setting would work for this client as he was not stable, did not have clear insight, and retained a lack of resources. Barrier to care, for the mental health in general, include: lack of resource, knowledge deficits, stigma, financial barriers, and lack of mental health care professionals. Overall, this experience offered me to opportunity to perceive how a Mental Health Court functions and differs from the traditional court room, in relation to client goals,
This paper intends to examine the relationship between mental health (specifically individuals who exhibit mental illness) and the criminal justice system. The paper will be broken down into areas focusing on the issues that exists for and between the law enforcement officials and those who have mental illness and end up involved in the penial justice system. Individuals who have mental health issues are special cases that will be addressed within this paper with the focus being how they end upon the wrong side of the law and more importantly how they are treated by the criminal justice system when this occurs. By studying this subject from a historical context will enable the writer to establish how the criminal justice system in this country
Forensic mental health workers are those professionals that engage with individuals suffering from mental illnesses or disabilities that have been charged with a crime or some form of offence (Fact Sheet, 2012; Queensland Health Dept. 2012). Across all of the professions that might fall under this umbrella, including social workers, the primary goals that are both ethically and legally defined for forensic mental health workers are to design and adhere to a treatment plan that will help the individual become well and become as self-sufficient a member of society as possible (Mental Health Act, 2000; Fact Sheet, 2012). As this broad definition of forensic mental health work and forensic mental health workers implies, such professionals can be found in a broad array of different positions in the community, and there are many contexts within which social workers might become engaged in forensic mental health work and thus fall under the jurisdiction of legislation pertaining to the prevision of general mental health services (Guide, 2000; Mental Health Act, 2000). A brief understanding of some of these contexts and the relevant legislation is provided herein.
The report will discuss the following and address the legal and social issues surrounding the prosecution of mentally ill perpetrators.
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.
The United States has their own view on mental illness when compared to other developed countries. The developed countries that were analyzed with the United States were England and France. Our research question was “Does the United States view mental illness differently than other developed countries?” The research that I conducted was over the policies and ideologies of mental illness in the United States.
There is a lot of public outcry for the repeal of this defence. However, this would only lead to more problems than answers. So long as there are mentally ill individuals in society, this defence is warranted despite any of its deficiencies. For individuals experience some form of mental illness who come into contact with the criminal justice system, this defence allows them to attain the counselling and treatment they require. Before a verdict can be rendered, the courts administer a rigorous test and ensure that those individuals who gain the benefit of this defence truly deserve it. The defence of not criminally responsible remains very pertinent in today’s society simply because society recognizes a need to differentiate a true criminal from one who does not intend the consequences of his or her actions. However, there are many misconceptions and issues in how the defence is administered that need to be addressed to make this defence more available and effective to those who seek it. Within this essay, the deficiencies of the Diagnostic and Statistical Manual of Mental Disorders (DSM) will be discussed in an attempt to demonstrate the flaws in the current apparatus used and relied on by psychiatrists when making assessments regarding criminal responsibility. Under the current standards and the dependence on the DSM-IV may lead to an under-use of the insanity defence rather than an overuse. In general, this paper will examine the use and availability of the “not