Criminal Justice for Mentally Sick Offenders - Coursework Example

Download file to see previous pages Mental Health Act 1984 was taken into study including all pertinent references, results, and conclusions. After research of clinical studies, it came to light that 6 to 15 percent of persons are in city and county jails and 10 to 15 percent of persons in the state prisons are suffering from severe mental illness and poor functioning. Considerable numbers of them are homeless, it seems that a majority of mentally sick people are arrested compared to the general population of the society. One of the causes evaluated during research in the criminal justice system is deinstitutionalization.

Adopt more rigid criteria for civil necessities, lack of complete community treatment, and the harsh attitude of police and society toward this neglected segment of society. This segment hardly has access to community treatment and basic amenities of life. Recommendations include reforms in the act through which careful necessary treatment and after-care treatment may be provided to such people. Jail detainees should go through a careful screening process and as per their past history and family support, as well as, police officers should be trained formally in this regard. In order to create a positivism segment in our society, offenders having mental disorders may get mental health training, when a minor offense has been committed against them.

Chapter 1
Mental Health Act 1984
1.1 Mental Health Act 1984 (approved by WHO):
In Scotland, A legal framework was provided by the 1984 Mental Health (Scotland) Act for admitting and treating patients who were suffering from a mental disorder. The Scottish Parliament passed a new Act - the Mental Health (Care and Treatment) (Scotland) Act 2003, which come into effect after October 2004.

1.2 Who Is a Patient Under The Law?
A person who is liable for the detainment in a hospital was taken as a patient according to the 1984 Act. Before 5th October 2005, an application for admission made under Part 5 of the Mental Health (Scotland) Act 1984 or treated as so liable.

Chapter 2
CRIMINAL JUSTICE SYSTEM RELATED TO MENTALLY DISORDERED OFFENDERS

2.1 DEFINITION OF MENTAL DISORDER
When the mind disables itself or experiences any disorder psychopathically, or goes through an incomplete development of the mind is defined as a mental disorder according to the Section 1(2) Mental Health Act 1983.

The word mental disorder is also described as “mental illness” which represents the majority of people detained in the hospital under the Mental Health Act. A person regarded as a mentally disordered person completely depends on clinical judgement. A number of patients supposed to be mentally disordered or mentally ill persons have been found informal patients and do not come under the purview of mental health act. After the exclusion of section 1(3) of the Mental Health Act, a person has been prevented from calling a mentally disordered by reason of having frequent sex or other immoral behaviour or dependency on drugs or alcohol. There are a number of legal definitions of the mental health act and generally are not used by the psychiatrists except in the light of action under the mental health law. ...Download file to see next pages Read More