In summary, mental illnesses are induced by a chemical imbalance of the brain; they range from depression to borderline personality disorder to schizophrenia, and without proper treatments, they could result in abnormal behaviors including criminal tendencies, violent outbursts, and sudden mood swings. Mental health is a topic which is often stationed on the back burner. In fact, many mentally ill people are not diagnosed or treated because mental health is not a part of the standard educational system. Police officers are inadequately equipped with the knowledge of how to deal with the mentally ill, and dozens of cases have been in the news of police not knowing how to react to their erratic actions (Times). A survey in 2008 presented …show more content…
Guilty but mentally ill (GBMI) verdicts are used in court cases; however, all persons sentenced with the verdict are put in prison with the same treatment as any other criminal. One article states, “the GBMI verdict is no different in practice from a finding of guilty” (“The Insanity Defense Is Necessary and Moral”). The verdict sounds like it would help the mentally ill criminal by providing mental health services; however, the decree offers no help and fails to protect the person as well as it claims. For example, Kelsey Patterson, a diagnosed schizophrenic with apparent symptoms, was executed for double murder. In the case of James Blake Colburn, another paranoid schizophrenic, the man was sentenced to death for murder despite the prosecutor knowing his mental health state (Yardley). Overall, approximately 5-10% of death row criminals have a severe mental illness, despite laws like GBMI meant to protect them (“Mentally Ill Offenders Should Not Be Executed”). In most cases, the verdicts are overlooked or ignored. However, the problem does not stop there; mentally ill rarely obtain
Like all form of disparities, mental health disparities is a serious challenge for minorities’ communities across America. Individuals with mental health illness how do not receive adequate health care due to variations can be affected in many ways. When their mental illness progress without any diagnosis they can easily be perceived as a threat to society. In cases where crimes are committed, and they cannot prove they are mentally challenged they can be charge and send to prison without being diagnosed which could affect their condition due to the lack of treatment. Without eradicating or implementing policies to deal with mental health disparities the probability of legally or morally assuming that people with mental health challenges are
Dr. Mark Nolan, Senior Lecturer at ANU College of Law, says that the NGRI plea “enables defendants to avoid criminal liability and standard criminal punishment” (Nolan 8). The main disagreement with America is the focus whether if the “guilty defendant” pursues to misuse the “Not Guilty by Reason of Insanity” as an alternative to imprisonment or if the criminally accused was at the time of committing the crime “clinically insane” and in need psychotherapy. Therefore, during this discussion of opposing viewpoints concerning the insanity defense being misused or ethical are going to be
In 2002, the U.S. Supreme Court in Atkins v. Virginia stated that it was unconstitutional to execute defendants with “mental retardation.” However, legal questions surrounding this issue remain unresolved. The Court in Atkins left the definition and method of determining intellectual disability up to individual states. It has been said that 46 known “mentally retarded” persons have been executed since 1976. Of these 46, two occurred after Atkins v. Virginia was decided.
Some say mental illness is an invisible disease, one that begins to eat someone from the inside out. Being mentally ill comes in many different forms: from basic depression and anxiety, to schizophrenia and depersonalization. These disorders can make a person feel as though they are losing control over what they are doing, as well as losing sight on what makes them normal. Mental illness can make a person do things that a normal person would not do, simple because of a person 's moral and ethical values. Sometimes, however, a person who is mentally ill commits crimes that are unforgivable.
This was later carried out through twenty-six other states, including the U.S., which created a precedent against the execution of the mentally ill in 1986. Even though the mentally ill cannot be executed, if the person who claimed mental illness is no longer mentally ill he or she can be executed. While the insanity plea proves that some criminals are mentally unstable, it should be used with caution because many convicted criminals abuse it during court cases, imitate being mentally ill during an examination, and are able to avoid the death penalty. Despite that the insanity plea can potentially help someone in defense for a mental illness case, many people can also take advantage of these precedents to alleviate their trials. The public in most insanity plea cases, do not typically agree with the rulings because most criminals use the
Many jurors and civilians can not accept that an individual was being let go because they were mentally ill, and not being held responsible for the action they had done. Most people believe that the NGRI verdict is better than the guilty verdict, when really that’s not the case. There are many myths that the public holds about the NGRI defense which can be a serious issue in search for help with ones’ health. Because of this, it is important that the public is educated and non-bias when it comes to deciding a
The insanity plea is one of the most controversial and problematic defense strategies used in court cases. It becomes so problematical when someone determines the sanity of a person, because where does the line cross from insane and sane. The insanity plea is the least common mechanism that defendants and lawyers use as a plea. Sometimes it is accurate and the defendant is treated properly in a mental institute for awhile; whereas in other cases it is used as “get out of jail free card. ”
Showing empathy for those with mental illnesses can help the justice system develop a suitable verdict and improve the situation for those
Untreated mental illness is dangerous and over time we have learned that locking people with a mental illness is not the solution but makes it worse. People with untreated mental illness face many consequences. “People with untreated psychiatric illnesses comprise 250,000 people, of the total homeless population” (mentalillnesspolicy.org). The quality of life for these individuals is extremely heart breaking, and many are victimized regularly.
During my true crime podcast era, I came across Andrea Yates. Yates was a mother who killed her five young children by drowning them in a bathtub. While listening to this case, it was revealed that the insanity plea, or also known as the insanity defense, was used. It got me thinking about how the plea works and how people would allow this outcome over a jail sentence. The insanity plea is a tough topic to tackle in the world of criminal law.
The Mentality of Disorders Truman Capote shows the mistreatment of mental disorders involving criminal cases in the United States. The United States still permits the death penalty for the mentally ill. Mental Health America projects that at least 10% of people on death row have a mental illness.
Sentencing a criminal who is mentally retarded is directly going against the Eighth Amendment, which attempts to ‘evolve standards of decency’ in our nation. The Supreme Court of the United States prohibited the execution with mental deficiencies in the Atkins v. Virginia case in 2002. The Constitution enforces a substantive limitation on the States’ abilities to take the life of a criminal who is mentally retarded. (ATKINS V. VIRGINIA, 2002) Ethnic discrimination, financial influences, and factors such as mental retardation are three huge reasons why it is morally necessary to refuse to use the death penalty as a suitable mean of punishment, for this method would time after time fall under the realm of unequal or unjust punishment.
The front line of that process is the police, who frequently determine whether someone will enter the mental health system or the criminal justice system. Even police who are equipped and inclined to recognize mental illness and respond appropriately, however, find themselves constrained to redirect the mentally ill into the criminal justice system because of a lack of alternatives. The local law enforcement can redirect non-violent mentally ill in crisis to the clinic for assessment and assistance instead of
Mental Incapacitation: Death Penalty People who are diagnosed as mentally disabled should be exempt from the death penalty for the crimes they have committed. In the case of 54 year old Marvin Wilson there is substantial evidence to show that he was mentally disabled. Rudolf says, “School records showed Wilson fared poorly in school, earning Ds and Fs in special education classes, and failing 7th grade.” He did not do well in school at all, but the officials involved in the case have decided his fate using a non-approved test that they have made up. “Texas, unlike any other death penalty state, measures mental retardation using nonclinical standards invented by the Texas Court of Criminal Appeals” (Khalek).
It is also concluded that approximately 61% of the schizophrenic/schizoaffective and mild mental retardation subgroup was deemed incompetent to stand trial, unemployed defendants were twice as likely to be deemed incompetent, and defendants with psychiatric disorders were eight times as likely to be deemed incompetent (Tarescavage, Anthony M., Luna Jones, Lynn, Lee, Tayla T. C., 2017). In conclusion, because of the limitations of the study, future research is necessary to expand the conclusions. First, because the study took place in a Northeast Ohio single site, the findings may not conclude the same in other parts of the United States. More research is needed in other areas to see if the findings are duplicated.