The Mentally Disturbed: To Jail or Not to Jail - Research Paper Example

? Insert of The Mentally Disturbed: To Jail or Not to Jail Mental Illness and violence seem to go hand in hand and as witnessed in the recent Aurora and Sandy Hook shootings. This problem can be traced back to the Columbine shootings and further beyond. There are many mental illnesses such as bi- polar and multiple personality categories. The question however is, what mental illnesses are more responsible for violent crimes? Princeton defines mental illness as any disease of the mind; the psychological state of someone who has emotional or behavioral problems serious enough to require psychiatric intervention. NAMI (National Alliance on Mental Illness) defines mental illnesses as medical conditions that disrupt a person's thinking, feeling, mood, ability to relate to others and daily functioning. Mental illnesses are medical conditions that often result in a diminished capacity for coping with the ordinary demands of life. An article by Columbia University tries to examine the relationship between different types of mental disorders and related crimes resulting from these. The article concludes by affirming that diminished accountability had the strongest relationship with psychotic disorders. By analyzing the murders committed at Columbine, VA Tech and Sandy Hook I will prove that those suffering from severe psychotic disorders are the main culprits in mental ill crimes. Also according to this article I will prove my findings that more often than not, patients suffering from mental disorders are more often convicted for crimes than the general population (Wallace et al.; Arseneault et al.; Brennan et al.; Walsh et al.). Other mental disorders such as bipolar are not in themselves psychotic but can be rated as cases of severe mania. The most fundamental questions that everyone should ask himself or herself is, why the mentally disturbed such a concern for the jail population? Whether the mentally ill are even safe in jail or not? Why are jails actually used as mental hospitals? By analyzing the Columbine, VA Tech and Sandy Hook shootings and the mental illnesses from which the killers suffered in relation to the jail system in general, (American Psychiatric Association) conclude that that mentally ill/disturbed people who commit crimes should not be put in jail but in facilities that can help them better function in the society. Sexual and drug related offenses are the most common crimes that are committed by the psychotics (Bonner). As Cohen notes, the serious crimes committed by this lot are facilitated by the need to get money for drugs or forced sex either with the opposite gender or with the same gender while under the influence of drugs (Cohen). This is because the psychotic condition is often characterized by a limited ability to make cognitive decisions on various important issues relating to life and proper behavioral characteristics (Barr). There is always an absence of accountability for the various criminal offenses committed by the psychotics while under the influence of a mental disorder. The Dutch’s court classifies the level of responsibility in mental disorder offenders based on three meter levels as complete responsibility, slightly diminished, diminished, severely diminished or absence of responsibility (Grob). Complete responsibility according to this indicator is defined to refer to an occasion where the commission of the offense is not in any way related to the mental disorder the person could be suffering from or the offender has been found to have committed the offense while in his or her right mind. Absence of accountability on the other hand is far much related to the influence of drugs under which the offender committed the crimes indicated. Most studies carried out in relation to this matter often drive to an almost unanimous agreement linking the various offenses committed by psychotics to be associated with a total lack of accountability on their parts while others try to fake the absence of responsibility when they actually carry out the offense in their clear minds (Cox, Pamela, Morschauser, Steven and James). This makes it rather difficult to verify psychologically if the offender is actually mentally ill or not making it relevant and necessary for medical approvals before or upon the filing of the charges. Most of the people suffering from these disorders and who venture into drugs are most likely to be addicted heavily than the other sane lot. The addiction and insanity inflicted in these patients are likely to lead them into such crimes as arson (Mills), murder (Barge), or in rare occasions battery (Grob). Sexual offenses are mainly related to developmental disorders where the offender is not maturely upright. Property offenses are however the leading category of offenses committed by these people preferably in the search for drug money since most of them are not in the formal employment sector or just luck money due to the accelerated misuse of the same with drugs and other substances abused. The analysis was on most of the psychotic offenders’ tried in the Dutch courts revealed that most of the offenders charged with crimes such as arson, battery or homicidal attempts or threats were found to be completely lacking proper accountability for the various crimes committed (Cohen). The question however is whether the psychotic offenders should be jailed or not since their accountability is not guaranteed as has been found out during the study described herein. The jailing of the mentally ill was a common phenomenon in the 1830s since there was a widespread lack of choices as regards to an appropriate way of dealing with these offenders. For them as well posed a lot of threat to the innocent and sane society, it was more appropriate to lock them up in jail upon committing any criminal offense. This was considered very appropriate for the mentally ill persons were likely to re-commit the same offenses if left free before the confirmation of their sanity conditions. Today, with the increased number of psychiatrists around the world, the process has even escalated as many jails in America are streaming with an increasing number of inmates who are mentally insane. (Bonner) notes that every one out of fourteen inmates in 1,391 major jails in America holding over sixty two percent of jail mates in America had an unimaginable number of inmates who were severely mentally ill. According to Callahan the recent cells have been converted into mental cells rather than conformation cells for the sane law offenders (Callahan). Most of the mental jail mates were found with no serious offenses with about twenty nine jails in America holding mentally ill mates with absolutely no charges against them (Barr). (Bloom, Joseph, William and Wilson) note that the jailing of mentally ill patients is a common phenomenon in states which have a low supply of psychiatric services, states which have such facilities fully put in place such as Connecticut, New Jersey, Delaware, Pennsylvania and the Rhode Island had no such people in their jails. While the mentally ill seem to require psychiatric assistance more than jailing, this process has actually escalated in America with the mentally ill offenders charged with various criminal offenses in order to keep them in jail and away from the public. While in jails, these patients are unlikely to access the abused drugs which in most cases helped escalate their already worse conditions. In such cases, jailing would be appropriate for such people. The ethical concerns of jailing the mentally ill offenders, who engages in crime when out of their minds is however unrealistic and absurd in any nation or state in the world especially in the recent ties when the widespread specialists are trained in various fields of psychiatry. Proper attention should be given to the offenders concerning their sanity levels. This regards the security of the offenders while serving their terms in these jails. The increased number of mental offenders in American jails from 1980s to 2004 raises several questions on the security and care of these inmates (American Correction Association). Cases of suicide, increased indiscipline and anger escalation are the most notable problems associated with these offenders making their control and security while behind the bars a question for discussion (Barge). According to American Psychiatric Association, the serious mental law offenders are safer in psychiatric centers than in jail cells and the matter should be reconsidered for appropriate measures to be taken (American Psychiatric Association). The safety of the mentally ill climates cannot be predicted with any degree of accuracy if they continue languishing behind the bars without any appropriate measure taken to restore sanity in them. Besides, Fisanick notes that just as a child cannot be blamed for any mistake done during her childhood days, so the mentally ill mates cannot be judged to be liable for any offense committed by during their periods of insanity (Fisanick). The law enforcing authorities would be making a grave mistake by passing judgement on such persons even if justifying the course of the law. Arrigo argues that the incarceration of the mentally ill may also disrupt the continuity of care if at all one was under such. It may be very difficult for an inmate who is under psychological care and recovery process to regenerate and adjust in the community upon release (Arrigo). The psychotic patients are supposed to be given utter attention and while in jail, this could be lacking as the specialist may not be able to get the necessary time purposed for his or her patient thereby disrupting the whole process of recovery. The situation may worsen especially when the offender was under some medication. The jail terms dictate that an offender cannot bring his or her medical prescription to jail unless the medical attendants for the inmates are able to identify the illness and administer the right medication the offender. Assuming this cannot be identified and the offender is presumed sane before the court and drops the medication instead, the end result will be an retrogress in the mental condition inhibiting the rehabilitation process. Besides Barge argus that the mentally ill persons are not actually supposed to be jailed , but put into rehabilitation centers instead in order to make a distinction between the mentally ill criminals and the people who are actually considered to be the real threats to the society (Barge). He argues that the police have very little time trying to trace those that are considered real threats to the community than spend several hours caring for the mentally ill inmates. In accordance with this, he says that the police therefore have very little input in the alleviation of the ever wanting and deteriorating conditions of the mentally ill inmates who actually do not pose a significant challenge to the community at large but other unintended criminal offense which can be controlled and monitored. The best place for the mentally ill therefore according to Callahan is the psychiatrists place rather than the police cells. According to Barr the reason why the mentally ill persons are still lying in jails can actually not be blamed on the police sice the general work of the police is to ensure that the laws and orders stipulated by the state are followed to the latter and that no one breaks these laws (Barr). The breakage of the laws according to the police actually means arrest and prosecution which they actually do irrespective of the person who has committed the offense as seen in the cases of the Columbine, VA Tech and Sandy Hook. Whether ill or sane is not the work of the police but rather the work of the judiciary and the ruling government of the state. Even though most governments understands that the mentally ill persons should not be put to jail. These rules have not been followed to the latter in some regions due to the lack of commitment and other administrative factors which actually limits the ability of the concerned parties to execute the necessary requirements and take the insane criminals to the psychiatrists instead of leaving them in jails. Some have claimed that the mentally ill individuals can pose very serious danger to the society if left to live freely within the sane populations. This is because most of them do not know what they are doing whether committing an offense or not. We cannot conclude that the murders committed in the columbine, VA Tech and Sandy hook cases were actually intentional but rather mentally driven and the culprits should not be treated as true offenders but rather circumstantial offenders. For the police, anything can be right or wrong depending on their perception of the same. This may actually lead to serious crimes such as murder or rampant abduction cases. However, Cohen tends to differ with this idea, arguing that these people can put in isolation where they can be attended to by mental specialists and be prevented from committing any serious offense rather than actually putting them in jail like the sae law offenders (Cohen). In conclusion, I would like to justify here that the relationship between mental illness and the commission of various offenses is a common phenomena which has been increasing of late. However, it is very unethical for the mentally ill law offender to be jailed without a prior solution to the matter. The best that can be done to such category of people is administered psychiatric solutions to the offenders and ensure they are actually in their right senses to avoid insecurity cases such as suicide, anger and uncontrollable reaction among others which are often associated with the mentally suffering inmates. These people need a psychiatrist more than a soldier to be in charge of them. Works Cited Arrigo, Bruce A. Punishing the Mentally Ill: A Critical Analysis of Law and Psychiatry. Albany: State University of New York, 2002. Print. "Criminalizing the Seriously Mentally III: The Abuse of Jails as Mental Hospitals." Health Letter 27.7 (2011): n. Page. Print. American Correctional Association. Performance-Based Standards for Adult Local Detention Facilities. 4th. Lanham, MD, 2004. American Psychiatric Association. Psychiatric Services in Jails and Prisons. 2nd. Washington, DC, 2000. Barge, Chris. "“Jail Suicide Watch; 10 Inmates Kill Themselves in Metro-Area Lockups in ’05, an All Time High that Raises Questions.”." Rocky Mountain News (2005): 21A. Barr, Heather. "Social Workers as Advocates for Mentally Ill Criminal Defendants/Inmates." In Serving Mentally Ill Offenders: Challenges and Opportunities for Mental Health Professionals, (2002): Springer Publishing Company. Bloom, Joseph D., and William H. Wilson. "In Violence, Crime, and Mentally Disordered Offenders: Concepts and Methods for Effective Treatment and Prevention." Offenders with Schizophrenia (2000). Bonner, Ronald L. "Isolation, Seclusion, and Psychosocial Vulnerability as Risk Factors for Suicide behind Bars." In Assessment and Prediction of Suicide (1992). Callahan, Lisa. "Correctional Officer Attitudes Toward Inmates with Mental Disorders.”." International Journal of Forensic Mental Health, 3.1 (2004): 36- 54. Cohen, Fred. "Pretrial Detainees." In The Mentally Disordered Inmate and the Law. (1998). Cox, Judith F., Pamela C. Morschauser, Steven Banks, and James L. Stone. "A Five Year Population Study of Persons Involved in the Mental Health and Local Correctional Systems: Implications for Service Planning." Journal of Behavioral Health Services and Research. 28.2 (2001): 177-187. Fisanick, Christina. Crime and Criminals: Opposing Viewpoints. Detroit: Greenhaven, 2010. Print. Grob, Gerald N. "Public Policy and Mental Illnesses: Jimmy Carter’s Presidential Commission on Mental Health." The Milbank Quarterly 83.3 (2005): 425-456. MacDonald, N., S. J. Hucker, and P. C. Hebert. "The Crime of Mental Illness." Canadian Medical Association Journal 182.13 (2010): 1399. Print. Mills, Mark J. “Civil Commitment of the Mentally Ill: An Overview.” Annals of the American Acade of Political and Social Science, vol. 484 (March 1986), pp. 28-41 Phillips, Rich. "Navigating the Mentally Ill Away from Jail." CNN. Cable News Network, 01 Jan. 1970. Web. 05 Feb. 2013. Torpy, Bill. "Mentally Ill Find Alternatives to Jail." N.P., n.d. Web. Read More