Mental health commitment is a sometimes necessary measure enacted presumably in the best interest of the patient, to secure their personal safety and well-being in times of emotional crisis, and to also provide helpful assessment and treatment of mental illness. The current mental health commitment process consists of legally defined and regulated procedures to be used as a guideline for intervention in emergency situations of mental health crises, and was designed in regards to protecting the civil rights of mental health patients. This paper will explore the legal processes involved in mental health commitment, and will reflect upon the morality and overall effectiveness of this process in treating mental illness in committed individuals. …show more content…
Essentially, anybody could be detained against their will for 72 hours if there is even the slightest bit of doubt or reason to believe a person is mentally ill or capable of harm towards themselves or others, and ironically, having a mental illness could serve as justification of the belief that somebody is a danger to themselves. Also, if an individual is asked to consent to exam, whether or not there is sound reason for the exam, if they refuse then this automatically counts as meeting one of the criteria. I do not believe a person should be held against their will based on a single belief and I propose that a professional should have to show evidence of trying to de-escalate the situation and enlist the help of another professional, and if that has failed then I believe it would be appropriate to enact emergency intervention. It would be assumed that de-escalation techniques would be employed before resorting to such drastic measures, but there could be a few situations where this does not occur. It seems to me this process for involuntary examination based on only the beliefs of one professional, resulting in an individual being falsely imprisoned and held against their will for 72 hours, is a gross violation of the individual’s civil liberties. Although, I understand that the law was written in this way to allow professionals to act quickly in true emergencies, but this general language of the law can leave a majority of individuals vulnerable to unjust
As time goes on, the law has put more emphasis on facility just like Bridgewater State Hospital in which many of the actions of the facility workers can face legal consequences such as facing prison time, fines, lawsuits, and etc. Society has a better understanding of why certain people act the way that they do and being more knowledgeable about psychology and mental diseases allows us to have a different approach when dealing with these topics or these individuals. In today’s era, there are many normal individuals who are willing to stand up for those who do not have a voice of their own. I believe that this change in one’s ability to stand up for another individual or group of individuals is what brought about change to the medical environment of those who are mentally
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.
This creates the problem of a patient who is no longer psychotic, needing to remain in a hospital because the legal committee will not release him/her. The question whether the hospital is the proper place for that patient and if public safety is an actual concern is at hand. This then raises issues on how to treat a mentally ill individual who has committed a crime after recovering from their psychotic state, to ensure they will not relapse and become a danger to society. In various countries, there is no legal substitute for prevention. In the article, Mentally Ill People Who Commit Crimes: Punishment or Treatment, the author Dr. Melamed proposes the question, "If the individual is no longer ill, but still dangerous, should he or she remain in the hospital or be transferred to a nonmedical incarceration facility?" While some believe treatment is a better alternative, society is unable to bear the costs of treatment/ rehabilitation which means the individual will be transferred to an incarceration facility. In Connecticut, annually, the average cost for an inmate is $33,000 while the average cost for a mental hospital is $500,000. However, psychiatrist cost more than the average prison guards, the additional $467, 000 does not out way the cost for continued treatment in an outpatient facility
There are so many types of mental illnesses that affect people every day. When some people think of mental illnesses they think of the ones that would cause people to have physical symptoms as well, but that’s untrue, there are many more that you would never know anyone has if you were to see them on the street. As defined by the 2008 encyclopedia “a mental illness is any disease of the mind or brain that seriously affects a person’s ability or behavior. Symptoms of a mental illness may include extreme moods, such as excessive sadness or anxiety, or a decreased ability to think clearly or remember well.” A mentally ill person has severe symptoms that damage the person’s ability to function in everyday activities and situations. Every nation and every economic level can be affected by a mental illness. In the United States alone about 3% of the population has severe mental illness and to add to that number about 40% of people will experience a type of mental illness at least once in their lives. Some cases of mental illnesses can go away on their own, but some cases are so severe that they require professional treatment. There is so much more available to help people recover from their symptoms than in the past.
Prior to taking this course, I generally believed that people were rightly in prison due to their actions. Now, I have become aware of the discrepancies and flaws within the Criminal Justice system. One of the biggest discrepancies aside from the imprisonment rate between black and white men, is mental illness. Something I wished we covered more in class. The conversation about mental illness is one that we are just recently beginning to have. For quite a while, mental illness was not something people talked about publicly. This conversation has a shorter history in American prisons. Throughout the semester I have read articles regarding the Criminal Justice system and mental illness in the United States. Below I will attempt to describe how the Criminal Justice system fails when they are encountered by people with mental illnesses.
...t that the language within Kendra’s Law does not mention an individual’s right to refuse treatment in it at all. Campbell also demonstrates how the language in the bill can be ambiguous with terms such as “unlikely to survive safely”. The use of these terms make an assessment of a person’s abilities incredibly subjective. The subjectivity as well as the already present stigma towards anyone with a mental health diagnoses can easily pose as a threat to those who do not have violent histories being forced into an AOT program.
Mental disorders plays pivotal role in a person’s actions. An insane or mentally ill person has a hard time controlling their actions and behavior. The criminal justice system is well aware that everyone does not have the same mental state. An insane person or a person who has no control over their actions, or thought process who commits a crime will be seen as incompetent to stand trial. Daily functions for those who suffer from a mental disorder are harder for them to deal with. There is no treatment for the illness, however there is treatment that could assist in making that person’s life easier and productive. The diagnostic and statistical manual of mental disorders (DSM) helps many clinicians diagnose certain mental disorders (Bartol, 2014). The DSM also can help officials link certain disorders with crime. With the help of the DSM it helps the criminal justice system realize that these disorders are the reason behind the defendant’s actions, versus it being free will. The disorders that are present in the DSM are also broken down into one of four categories: schizophrenic disorders, paranoid disorders, mood disorders and the personality disorder (Bartol, 2014). Although a person’sa mental state may be disoriented, they are still accountable for their actions if they commit a crime. While there are a select few people who suffer from a mental illness or disorder who cannot control their actions, there are also some who can. The insanity defense is also used and abused by some defendants seeking to receive a less punitive punishment. One major reason why the insanity defense was enforced in courts proceedings is because it will be cruel and unusual punishment to imprison someone who does not understand the charges they ar...
Mental Health is an issue that millions of individuals are facing here in the United States. Illnesses such as anxiety and panic attacks, borderline personality disorder, drug and alcohol addiction, and depression affect the lives of so many.
...inical professor at the University of Colorado. Unless the country develops a decent mental health care system, this issue will continue (Qtd. In “Prison Health Care, 3). More than 2 million inmates in U.S. prisons suffer from mental illness, addiction, infectious, or chronic diseases like HIV/AIDS and diabetes (“Prison Health Care”, 1). About a quarter suffer from severe depression and a fifth from psychosis (2). The majority of prisoners have no health problems at the time they became incarcerated; once imprisoned, they acquired a mental disorder (1). In 1976, the Supreme Court ruled that prisoners have the right to free health care due to the Eighth Amendment (4). Yet, prisons fail to provide health care of decent quality. Some prisons do not even have licensed physicians (5). Most doctors do not wish to work in a prison, therefore resources become substandard.
(Justia US Law website, n.d.) This means that involuntarily committed patients do have the right to refuse psychiatric treatment as long as they do not pose a danger to themselves or others as determined by a medical provider using professional judgement. (Wortzel, 2006, para. 6) The refusal of treatment is an issue because mental health professionals know that the medications will help the patient, however also knowing that forcing medication could be a liability. (Oriol & Oriol,
Is anyone in your family affected by mental health issues? Statistics show that one in five adults have a mental health condition. (Mental Health America MIA) (Logos) Mental health means a person condition in regards to their psychological and emotional well being. So many people are uneducated and are unable to be educated on the topic of mental health. There is a worldwide outbreak of mental health issues in a variety of people of all ages. Unsuccessfully, not all mental health issue are now to man so, you might not know you have a mental health issue The world needs to start acknowledging the outbreak of mental health instead of discriminating against it and find ways to improve the situation.
...y locked her up the way she felt was close to insanity(Ten Days in a Madhouse). Think about that, this woman didn't even have a real mental illness and these doctors treated her horribly, and caused her so much pain. Are these doctors not well trained to notice the difference between a real mental health patient and a fake one.
Mental illness is the leading cause of disability in North America and Europe in every community costing the U.S. over half a trillion dollars per year. Mental health is defined as the emotional and social wellbeing and psychological resources for dealing with the day-to-day problems of life. Mental illness is the term describing all mental disorders. Mental disorders are health conditions that are identified by changes in thinking and behavior. Mental disorders as well as mental impairment can occur from postnatal exposure to physical, chemical, and biological agents, like secondhand cigarette smoke. Brain function impairment can be caused by trauma, such as a car crash or bullet wound, or by disease, such as syphilis, cancer, or stroke. Maladaptive family functioning (such as having a parent with mental illness, or substance abuse problem) poverty, experiencing violence, physical or sexual abuse, or neglect can also lead to mental illness. Growing up in neighborhoods marked by social division leads to discrimination, and social hardship adds to the risk.
According to the National Institutes of Health (NIH) (2013) mental illness is defined as a health
According to the Facts and Numbers page on the National Alliance of Mental Illness website, "One in four adults--approximately 61.5 million Americans-- experience mental illness in a given year. One in fo17-- about 13.6 million-- live with a serious mental illness such as schizophrenia, major depression or bipolar disorder." (Facts and Numbers). Throughout history people with mental illness have been perceived as lesser than those without mental illness, and thus these people have an innumerable amount of difficulties and challenges to overcome compared to their counterparts with the benefits of pristine mental health. In The Mad Among Us by Gerald N. Grob, he describes the change of the ways of caring for the mentally ill starting from the beginning of institutionalization in the early eighteenth century (Grob 17) to the idea that serious disorders cannot be cured, but alleviating the symptoms "should be able to remove the obstacles that stand in the way of natural self-healing processes." (Grob 311). The lies of people with mental illness are as diverse as the disorders they live with. Unimaginable obstacles are waiting around every corner for people with mental illness.