Mentally Ill and the Criminal Justice System

Mentally Ill

The criminalization of the mentally ill is one of law enforcement's greatest challenges and tragedies. As Stephey points out, prisons have become the de facto mental health provider in the United States. That means that criminal behavior is one of the primary means by which an individual is diagnosed with mental illness. One judge claims that, "mentally ill people end up in front of her instead of receiving the services that may prevent them from landing behind bars," (cited by Hefley). As many as a quarter of all persons using the public defender system are later diagnosed with mental illnesses (Hefley). If those illnesses were recognized and treated sooner, the eruption of criminal behavior might have been easily prevented. This is a proposal to federal lawmakers, requesting a revision of the mental health system. Mental health services, like services for physical health, are highly sophisticated in the United States. However, there are significant barriers to access. Poverty and lack of awareness of available resources are two of the main reasons why many Americans go undiagnosed and untreated -- and then go on to commit crimes. In order to reduce the rates of crime associated with mental illness, and in order to reduce prison populations in general, lawmakers need to put into place a public mental health strategy that makes services and treatments available free of charge and widely available.

The funds for the program will derive from a number of sources, including the criminal justice budget itself. By diverting funds from criminal justice towards mental health, it will be possible to divert also the person in prison who should currently be either living at home receiving regular counseling and medications; or in residential treatment programs. One suggested method of fundraising would be to revise current drug criminalization policies, because drug abuse is and should always be viewed as a mental health issue. Substance abuse is a symptom of underlying sociological and psychological problems that should not fall under the rubric of criminal justice. The criminal justice system would then be available to deal with crimes more effectively, as it would not be overburdened by victimless drug crimes. Moreover, the criminal justice system needs to focus on preventing crimes that are perpetrated by citizens who are not diagnosed as being mentally ill. Issues related to mental illness fall under the rubric of social work, public health, and the professions of psychology and psychiatry. It is therefore recommended that a team of specialists form a consultancy committee that advises the federal government as to a strategic intervention that will address the following target areas.

First, the committee will propose the construction of specialized mental health clinics throughout the United Stats. The clinics will be accessible to all citizens via free shuttle services, and will be highly visible. Moreover, the clinics will treat all citizens regardless of their ability to pay. The clinics will provide a safe, nonjudgmental and anonymous environment in which clients can learn about and treat their problems. This will help to eliminate some of the stigma associated with mental health issues. Material at the clinics will be published in a variety of languages, so that all communities are served. Cross-cultural awareness is crucial to the success of the proposed program.