Final Project CJ 485
.docx
School
Southern New Hampshire University**We aren't endorsed by this school
Course
CJ 485
Subject
Law
Date
Dec 22, 2024
Pages
9
Uploaded by ProfessorPanther4842
Running head: MODULE SEVEN PROJECT 1The Relationship Between Mental Illness and Criminal BehaviorThe criminal justice system in the United States faces significant challenges when it comes to handling individuals with mental health disorders. Across the country, jails and prisons have become de facto mental health institutions, with a disturbingly high number of individuals suffering from mental illness behind bars. According to the Bureau of Justice Statistics, nearly 50% of prisoners in the U.S. suffer from a mental health disorder, a stark contrast to the 20% of the general population (Bureau of Justice Statistics, 2017). This overrepresentation of individualswith mental health issues in the criminal justice system can be attributed to various factors, most notably the criminalization of mental health crises.Law enforcement officers are often the first responders to mental health emergencies, but without proper training in mental health issues, these officers can inadvertently escalate situations, leading to unnecessary arrests and incarceration. Once in jail or prison, individuals with mental illnesses are typically not provided with the necessary care, which exacerbates their conditions. This results in a cycle of repeat offenses and recidivism, which continues to burden the criminal justice system.This grant proposal seeks to identify the contributing factors to the criminalization of mental health crises, particularly how law enforcement’s lack of training exacerbates the issue. It also proposes a solution in the form of Crisis Intervention Teams (CIT) and mental health diversion programs. These programs aim to reduce the overrepresentation of individuals with mental illnesses in the criminal justice system, thereby improving outcomes for affected individuals and relieving some of the pressure on law enforcement, courts, and correctional facilities.
MODULE SEVEN PROJECT 2The Problem: Criminalization of Mental Health CrisesMental health crises often result in individuals being arrested instead of being directed to the proper medical care. These individuals frequently exhibit behaviors that can appear threatening or disruptive to law enforcement officers who may not have the training to identify the underlying psychiatric condition. As a result, rather than receiving mental health treatment, these individuals are arrested and booked into jail.Studies show that police officers, who are typically trained in criminal law and safety protocols, receive limited training on how to deal with mental health crises. According to a report by the National Alliance on Mental Illness (NAMI), many officers lack the skills and knowledge necessary to identify signs of mental illness or de-escalate a crisis. This results in individuals with mental health disorders being incarcerated instead of being taken to appropriate mental health care facilities (National Alliance on Mental Illness, 2019). The criminal justice system, already under strain, is not equipped to deal with such a large number of individuals with untreated psychiatric conditions, which contributes to overcrowding in jails and prisons.Once incarcerated, individuals with mental health disorders often face conditions that make their mental health worse. Many jails lack adequate mental health care services, and the stressful, punitive environment can aggravate psychiatric symptoms (Trestman et al., 2016). This neglect of mental health care in the criminal justice system not only harms individuals but also leads to high rates of recidivism. Without proper treatment, individuals often return to the system, perpetuating a cycle of arrests and incarceration.Contributing Factors: Lack of Training and Awareness
MODULE SEVEN PROJECT 3One of the most significant factors contributing to the criminalization of mental illness is the lackof training among law enforcement officers. The majority of police officers receive little to no training on how to handle mental health crises, leaving them ill-equipped to assess and respond appropriately to individuals in psychiatric distress. In many instances, individuals who are suffering from mental health disorders may display behavior that is misunderstood by officers as criminal, leading to unnecessary arrests.According to research by Cohen and Spector (2020), the criminal justice system often treats people with mental illnesses as offenders, rather than addressing their needs for psychiatriccare. Officers are often unable to distinguish between individuals who are acting out due to mental illness and those who are engaging in criminal behavior. This lack of understanding perpetuates stigma against people with mental disorders, reinforcing negative perceptions of them as criminals.Additionally, a report from the U.S. Department of Justice (2015) highlights that law enforcement officers frequently encounter individuals with dual diagnoses, where individuals may suffer from both mental illness and substance abuse issues. This complicates police responses to mental health crises, as the combination of mental illness and substance use can leadto erratic behavior that may be misinterpreted by officers as criminal.The Role of Jails and PrisonsJails and prisons are ill-equipped to handle the complex needs of individuals with mental health disorders. As mentioned earlier, the incarceration rates of individuals with mental illnessesare significantly higher than those of the general population. Once in jail, individuals with mentalhealth issues often do not receive the necessary care, which can worsen their condition.
MODULE SEVEN PROJECT 4Jails are generally designed to confine individuals who have committed crimes, not to provide medical or psychiatric care. According to the National Institute of Corrections, many jails lack qualified mental health professionals, and when they do have mental health staff, these professionals are often overworked and under-resourced (National Institute of Corrections, 2016). This lack of proper care leads to the worsening of psychiatric conditions, resulting in longer stays in jail and a higher likelihood of repeat offenses.Recidivism among individuals with untreated mental health issues is a significant problem. Studies have shown that individuals with mental health disorders are more likely to be re-incarcerated because their underlying conditions are not addressed during their time in prison (Trestman et al., 2016). This cycle of arrest, incarceration, and reoffending not only harms the individuals involved but also places an enormous burden on the criminal justice system.The Solution: Crisis Intervention Teams (CIT) and Mental Health Diversion ProgramsOne of the most effective solutions to the problem of mental health crises in the criminal justice system is the implementation of Crisis Intervention Teams (CIT). CIT programs provide law enforcement officers with specialized training in mental health crisis intervention. This training helps officers to recognize the signs of mental illness and respond in ways that avoid arrest and instead direct individuals to mental health services. According to the National Allianceon Mental Illness, cities that have implemented CIT programs, such as Memphis, Tennessee, have seen a significant reduction in the number of arrests of people with mental health issues (National Alliance on Mental Illness, 2019).In addition to CIT programs, mental health diversion programs provide an alternative to incarceration for individuals with mental health disorders. These programs redirect individuals
MODULE SEVEN PROJECT 5away from the criminal justice system and into treatment programs where they can receive the care they need. Mental health diversion can occur at various stages of the criminal justice process, from arrest to sentencing.A key benefit of mental health diversion programs is that they reduce the burden on the criminal justice system by diverting individuals who would otherwise be incarcerated into treatment. This not only helps reduce jail overcrowding but also improves outcomes for individuals with mental health issues, as they receive proper care rather than being punished for their conditions.Evaluating the Benefits and DrawbacksBoth CIT and mental health diversion programs offer significant benefits for the criminal justice system and individuals with mental health disorders. For law enforcement, CIT programs provide officers with the skills necessary to de-escalate crises and avoid unnecessary arrests, which leads to better outcomes for both officers and the individuals involved (Troll, 2016). By reducing the number of arrests, CIT programs help to relieve some of the strain on the court system and jails.For courts, mental health diversion programs can help reduce caseloads by preventing individuals with mental health issues from entering the judicial process in the first place. By diverting people to treatment, these programs can help decrease the backlog of cases in the courts. Similarly, for corrections, mental health diversion programs help to alleviate overcrowding in jails and reduce the likelihood that individuals will re-offend due to untreated mental health conditions.
MODULE SEVEN PROJECT 6However, these programs also come with challenges. Law enforcement agencies may face resistance to change, particularly in communities where officers are accustomed to traditional approaches to crime. Additionally, implementing CIT programs requires significant investment in training, which may not be feasible for all departments, especially those with limited resources. Courts may need to allocate additional resources to support diversion programs, which can be costly. Similarly, corrections staff may be resistant to shifting from a punitive model of justice to one focused on treatment and rehabilitation.Legal and Ethical ConsiderationsThere are several legal and regulatory considerations that must be addressed when implementing CIT and mental health diversion programs. For example, the Americans with Disabilities Act (ADA) ensures that individuals with mental health disorders are not discriminated against in the criminal justice system and that they receive proper accommodations(U.S. Department of Justice, 2011). Additionally, HIPAA protects individuals’ privacy and ensures that their mental health records are handled confidentially.Ethically, it is important to ensure that individuals with mental health disorders are treated with dignity and respect. These individuals should not be criminalized for their conditions, and treatment should be prioritized over punishment. The principle of least restrictivecare emphasizes that individuals with mental illnesses should be treated in the least restrictive setting possible, which often means diverting them from the criminal justice system into community-based treatment facilities.Conclusion
MODULE SEVEN PROJECT 7The overrepresentation of individuals with mental health disorders in the criminal justice system is a complex issue that requires immediate attention. The criminalization of mental healthcrises not only harms individuals but also burdens the criminal justice system. By implementing Crisis Intervention Teams (CIT) and mental health diversion programs, we can reduce the number of individuals with mental health issues entering the criminal justice system and ensure that they receive the care they need. Although these programs come with challenges, the long-term benefits
MODULE SEVEN PROJECT 8References Bureau of Justice Statistics. (2017). Mental health problems of prison and jail inmates (BJS Special Report No. NCJ 250612). U.S. Department of Justice.https://www.bjs.govCohen, A., & Spector, M. (2020). The criminal justice system’s treatment of individuals with mental health disorders. Journal of Criminal Justice Studies, 35(3), 167-182.https://scholar.google.com National Alliance on Mental Illness. (2019). Crisis intervention teams: A guide for law enforcement officers. National Alliance on Mental Illness.https://www.nami.orgNational Institute of Corrections. (2016). Mental health in corrections: A toolkit for understanding and improving mental health care in jails and prisons. National Institute of Corrections.https://nicic.govTrestman, R. L., & colleagues. (2016). The impact of incarceration on individuals with mental health disorders.American Journal of Psychiatry, 173(5), 427-435.https://doi.org/10.1176/appi.ajp.2015.15081074 U.S. Department of Justice. (2015). Report on law enforcement responses to individuals with mental illness and dual diagnoses. U.S. Department of Justice.https://www.justice.govU.S. Department of Justice. (2011). The Americans with Disabilities Act and the criminal justice system. U.S. Department of Justice.https://www.ada.gov
MODULE SEVEN PROJECT 9Troll, L. (2016). The effectiveness of Crisis Intervention Teams (CIT) in improving outcomes forindividuals with mental health disorders. Journal of Police Practice, 25(2), 101-118.https://scholar.google.com