Punishing the Mentally Ill

Paper Summary:

In this article, the writer discusses criminal law and insanity. The writer notes that criminal law regulates behavior in society by punishing those who violate the penal code by committing a crime or offense. The writer points out that the legal test of insanity has changed through the past hundred years from social influences rather than scientific advances and insanity pleas have rarely succeeded. This indicates the general community standpoint that mental disease may motivate, but does not excuse, a crime, that the offender may simply fake being mad and that the mentally ill are a threat to the community. The writer concludes that the establishment of widespread systems should effectively address the required needs, such as assertive community programs, which would reduce criminalization in the country both by improving these services in the community and by providing appropriate treatment and support in the criminal justice systems.

From the Paper:

"Of the more than 1,000 men and women put to death in the US by the end of December 2005, dozens had histories of serious mental illness before they were sentenced or by the time of their execution. Some were mentally retarded or suffered from mental illness or both. Their mental illness was mainly due to extreme childhood abuse, violence in prison, inherited or developed or made worse by their stay on death row. In many cases, a defendant's competence to stand trial has been seriously doubted as to whether he or she genuinely understands the nature and severity of the proceedings set against him or her or the capability to assist and cooperate in his or her defense. He or she may not possess the required competence to plead guilty or waive trial counsel. Some defendants are also said to have committed the crime in order to get a death sentence. Inadequate representation may evade the existence or the extent of mental impairment in the defendant. In other cases, defense lawyers do not have sufficient resources against the prosecution, the defendant's failure to cooperate may appear to the jury as a lack of remorse, or the defendant may refuse to reveal vital information on account of a suspicion of conspiracy against him or her."

Sample of Sources Used:

• Amnesty International. (2006). The Execution of Mentally Ill Offenders. Amnesty International Library. http://web.amnesty.org/library/index/ENGAMR5002206
• Anynomous. (2006). Forensic Psychiatry - Criminal. http://www.stanford.edu/group/psylawseminar/blank%20Page%206.htm
• Fellner, J. (2006). A Corrections Quandary: Mental Illness and Prison Rules. http://www.law.harvard.edu/students/orgs/crc/vol41_2/fellner.pdf
• Human Rights Watch (2006). Difficulties Mentally Ill Prisoners Face Coping in Prison. Human Rights Watch.org. http://www.hrw.org/reports/2003/usa1003/7.htm
• Moss V M and Patton P (2000). The Need for Treatment of the Incarcerated Mentally Ill. Center for Justice. http://www.therapeuticjustice.com/programPDF/Mentally%20111%20in%20jail%20website%209-14-03.pdf

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• Persuasive Essay # 147494 : "The Criminal Justice System and Sanctioning Mentally-Ill Offenders"

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