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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. The social construction of mental illness and the associated process of stigmatisation of this particular group will be explored in conjunction to explain why society still fails to prevent the mass entry of people with mental health issues into the traditional CJS.
Critical to understanding the extent of the problem is a clear definition of mentally ill, “a person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care, treatment or control of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm” [Mental Health Act 2007 (NSW)]. Noting that the statute specifies the ‘control’ of this group which adds to the notion that people with mental health problems are inherently more dangerous members of our society. Furthermore mental health problems within the prison system (inmate population) are estimated to be three to four times higher than in the general Australian popula...
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...‘Opportunities in public policy to support infant and early childhood mental health’, American Psychologist, vol. 66, no. 2, pp. 129-139.
New South Wales Police Force, 2011, Mental health intervention team news, brochure, NSW Police Force, New South Wales
Richardson, E. & McSherry, B., 2010, ‘Diversion down under – Programs for offenders with mental illnesses in Australia’, International Journal of Law Psychiatry, vol. 33, no. 4, pp. 249-257.
Seltzer, T., 2005, ‘Mental health courts – A misguided attempt to address the criminal justice system’s unfair treatment of people with mental illnesses’, Psychology, Public Policy and Law, vol. 11, no. 4, pp. 570-586.
Wolff, N. & Pogorzelski, W., 2005, ‘Measuring the effectiveness of mental health courts – Challenges and recommendations’, Psychology, Public Policy, and Law, vol. 11, no. 4, pp. 539-569.
In the book Crazy in America by Mary Beth Pfeiffer, she illustrated examples of what people with mental illness endure every day in their encounters with the criminal justice system. Shayne Eggen, Peter Nadir, Alan Houseman and Joseph Maldonado are amongst those thousands or more people who are view as suspected when in reality they are psychotic who should be receiving medical assistance instead, of been thrown into prison. Their stories also show how our society has failed to provide some of its most vulnerable citizens and has allowed them to be treated as a criminals. All of these people shared a common similarity which is their experience they went through due to their illness.
Constantine, R., Andel, R., Petrila, J., Becker, M., Robst, J., Teague, G., Boaz, T. and Howe, A., 2010, ‘Characteristics and experiences of adults with a serious mental Illness who were involved in the criminal justice system’, Psychiatric Services, vol. 61, no. 5, pp. 451-457.
Courts, are usually established to either declare a defendant innocent or announce him guilty with a particular sentence depending strictly on the crime. However, the Yuma Mental Health Court is like no other court in the U.S Criminal Justice System. This unique court has specifically been established for two main reasons. The first reason, is to maintain mental ill defendants out of any jails or prisons, in order for them to receive proper treatments. The next reason, is that this court tries to help special defendants by sending them to treatment agencies so they can either be provided with medications or get some form of therapy. Yuma County is very fortunate to have this type of court in their area. In this writing, this author will analyze
Lamb, H. R. (2004). Mentally ill persons in the criminal justice system: Some perspectives. Psychiatric Quarterly, 108-126.
Calma, T. & Dudgeon, P. 2013, Mental health gap must be addressed, The Australian, .
Spencer, Susan. “Mental Health First Aid: A Concept Whose Time Has Come.” Worcester Telegram & Gazette [Massachusetts] 15 Jan. 2014: n. pag. NewsBank Special Reports. Web. 7 Apr. 2014.
Thousands of people statewide are in prisons, all for different reasons. However, the amount of mental illness within prisons seems to go unaddressed and ignored throughout the country. This is a serious problem, and the therapy/rehabilitation that prison systems have do not always help those who are mentally ill. Prison involvement itself can contribute to increased suicide (Hills, Holly). One ‘therapy’ that has increased throughout the years has been the use of solitary confinement, which has many negative effects on the inmates.
To punish or to rehabilitate incarcerated inmates is a debate decades in the making. The majority of correctional facilities are currently punishment-oriented. There is such a strong focus on punishment, as correctional facilities are built upon disciplinary objectives, that it is difficult to create effectual rehabilitative programs for inmates. Rehabilitation while incarcerated can include a wide variety of assistance such as education, vocation training, and hands-on experience. Mental illness support can also be a large portion of inmate rehabilitation, as the U.S. Department of Justice estimates that sixty-one percent of inmates in state prisons struggle with mental problems (Glaze and James). Ignoring mental illness, rather than helping
Law Commission, 'Criminal Liability: Insanity and Automatism', (Discussion Paper) para 1.61, citing/referring to; N Sartorius, “Stigma of Mental Illness: A Global View” in L B Cottler (ed), 'Mental Health in Public Health: the Next 100 Years' (2011) p 213-222 & H Schulze, 'Reducing the Stigma of Mental Illness: A Report from a Global Programme of the World Psychiatric Association' (2005)
Lamb, H. Richard., Weinberger, Linda E., & Gross, Bruce H. (2004). Mentally ill persons in the criminal justice system: Some Perspectives. Psychiatric Quarterly 75(2): 107-126.
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.
The problem with incarcerating the mentally ill people is the way health care workers, sheriff and prison officers treat psychiatric patients
We as a society have been forced to think that everyone in jail deserves what they get, we over look the fact that some have a mental illness that they can’t control over their actions .Taken all we have learned, this information has let me see what goes on, not only in jail, but in society. In this article it talks about people who have mental illness being treated improperly in jail and the rate of suicides is high do to the fact that people are not able to care for himself and feel that they do not belong there. When looking at videos in class I was able to understand why some people do what, some people hurt others and themselves without their control. The main issue of the article is that people with mental illnesses are being sent to jail for crimes that they may not have control over as they are sent to jail they are treated inappropriate by other inmates and guards that don't know how to handle them. The fact that some inmates ha...
Mental health and the criminal justice system have long been intertwined. Analyzing and understanding the links between these two subjects demands for a person to go in to depth in the fields of criminology, sociology, psychology, and psychiatry, because there are many points of view on whether or not a person’s criminal behavior is due to their mental health. Some believe that an unstable mental state of mind can highly influence a person’s decision of committing criminal actions. Others believe that mental health and crime are not related and that linking them together is a form of discrimination because it insinuates that those in our society that suffer from poor mental health are most likely to become a criminal due to their misunderstood behavior not being considered a normality in society. In this report I will go into detail of what mental health and mental illness is, what the differentiates a normal and a mentally unstable criminal, give examples of criminal cases where the defendant’s state of mind was brought up, introduce theories surrounding why one would commit crimes due to their mental health, and lastly I will discuss how the criminal justice system has been modified to accommodate mental health issues.
Gary B. Melton, John Petrila, Norman G. Poythress, Psychological Evaluations for the Court: A Handbook for Mental Health Professionals and Lawyers, Guilford Publications, 3rd edition 2007