Essay On Mental Illnesses Should Be Criminally Charged

Many people question if people with mental illnesses should be criminally charged. The Journal of the American Academy of Psychiatry and the Law says, “In most countries the options of incarceration and hospitalization are available in concert. In some, incarceration occurs before hospitalization. In others, hospitalization is first, followed by a prison term”. There are many different debates that go on. They should decide if a person should be criminally charged depending on the illness and followed by the concept “treatment years”. Treatment years is when the court decided how long the person needs to be in treatment for according to the severity of the crime. From my point of view these people should be criminally charged but depending the severity of the illness they should seek treatment. A person that is mentally ill should be treated like a person that is not mentally ill; equality, public safety, and the well being on the person being charged, should be considered.

A mentally ill person should be imprisoned if they commit a felony because if they commit a crime once who says they can't commit it again? For the sake of Public Safety I do believe these people

should go to prison and pay for their actions like any other individual would. The Journal of the American Academy of Psychiatry and the Law says, “The public is concerned with safety and often finds it difficult to accept the possibility that a mentally ill individual who commits a crime (sometimes a serious crime) can be hospitalized and eventually discharged, sometimes after a relatively short time”. The public is going to fear this person. Many people always discuss that even when the person is discharged they could become argue and commit the crime again due to bullying and pressure from the public.

A question people have is “why do people not mentally ill get charged for a crime but a person with a mental illness that commits the same crime not charged?” A person who is not mentally ill is quick to be trialed and put in prison.

But a person with a mental illness has to be evaluated and sometimes not even trialed and let go. This is where equality and inequality plays a role. Equality, the state of being equal, especially in status, rights, and opportunities. Inequality, the lack of equality. If the defendant is severely mentally disabled and in need of treatment, he or she will be provided treatment, either in prison or in a mental health facility. Even with a mental illness they should be charged like anybody else would because they are human and should be held responsible for what they

did.

In addition the person should be evaluated to get an understanding of what he or she was thinking before, while, and after committing a crime. He or she is evaluated for 120 hours to see if they pose danger to themselves or others. During evaluation many doctors want to find out if a person was aware or unaware of the crime they have committed. If a person was aware and understands what they have done they should be criminally charged and incarcerated. They are aware that what they did was wrong so they should serve the prison term required for the certain crime. If the person is unaware, they should still be charged. They should be hospitalized until they are stable and understand they have committed a crime then serve their prison term.

All things considered, people with mental illnesses should be criminally charged. Whether or not he or she should be charged will always be a question due to so many reasons. Many people find it unfair to incarcerate somebody with a mental illness others thinks it is the right thing to do. Therefore, I believe a person with a mental illness should be criminally charged and seek help. Public safety will always be a question, people will fear this person if they are let go into public. Being in the public eye can cause this person to commit the same crime again. Equality plays another factor in why they should be charged. People without a mental illness, that commit the same crime are charged. Knowing right from wrong should also be acknowledged. Even if the person is not aware of what they have done they should seek help and also serve their prison term. For the sake of the public and always questioning if they will commit the same crime again they should be criminally charged.