Free Essay

Civil Commitment and the Mentally Ill

In:

Submitted By nicki83
Words 1073
Pages 5
Insanity is defined as “The principal legal doctrine permitting consideration of mental abnormality in assessing criminal liability. Those acquitted of criminal charges as Not Guilty by Reason of Insanity are typically required to spend an indeterminate period of treatment in a secure mental health facility until they are no longer dangerous to self or others”.(Greene & Heilbrun). Each state carries its own statutes on how to deal with the insanity defense. In the state of California the follow the M’Naghten rule.
The M’Naghten rule was established in 1843 after an Englishman by the name of Daniel M’Naghten murdered the secretary of the British prime minister. M’Naghten suffered from delusions that made him believe that he was being stalked and plotted against. He was charged with murder and plead not guilty by reason of insanity. He got off under his insanity plea, but ended up in a mental institution for the remainder of his life. This infuriated some people so Queen Victoria imposed the M’Naghten rule as a stricter guideline (or test) for the insanity defense. This rule implies that a person that commits a crime did not understand the difference between right and wrong at the time the crime had taken place. It must be proved by the defense that the person on trial has some sort of “disease of the mind” that would cause them to commit the crimes they have. It excuses the behavior that took place in the event that insanity can be proved.
Because the M’Naghten rule is still somewhat vague California also uses the Model Penal Code. This code states that “an individual is not liable for criminal offenses if, when he or she committed the crime or crimes, the individual suffered from a mental disease or defect that resulted in the individual lacking the substantial capacity to appreciate the wrongfulness of his or her actions or to conform his or her actions to requirements under the law” (Cornell University Law School, 2013).
The insanity defense is used mainly when facing serious charges (i.e. murder, violent offences etc…). It is normally thought that the insanity defense is used often, but because it is extremely difficult to prove it “used in only about 1% of cases in the U.S.” (Schouten & Silver, 2012). The success rate is “only a fraction of the 1%” (Frontline,2013).
Some of the major criticisms that arise with the insanity defense are: the inability to test accurately and release of violent offenders into society after acquittal. Insanity as stated before has to be proven, unfortunately there aren’t any tests that can be performed to state that an offender was actually mentally incapable of understanding his or her actions. The only real way to actually determine this is to study the behavior of this person before and after the crime. When it comes to the acquittal of an offender who has gotten off on the not guilty by reason of insanity plea (NGRI) many believe they are not held responsible for their actions. They are released (sometimes) back into society where they may or may not commit another violent crime.
Because there are no reliable tests to prove insanity psychologist are needed to provide an ultimate opinion as to whether a person is mentally ill. Unfortunately this can’t be done without backlash from the public. Psychologists are needed to speak for the criminally insane so that the illness can be managed if needed. There isn’t any fixing of the issue at hand if they are locked away in a prison system. The use of psychologists helps determine whether a person should be charged with the crime they committed. The public belief taints these decisions in a way because many believe that anyone who pleads the insanity defense will automatically get off. “In fact, very few defendants actually succeed with the insanity defense. Among those who are found guilty by reason of insanity, virtually none are let off” (Lally, 1997). It is a common misconception.
Some of the ethical issues associated with psychologists opinions would be the disregard for the actual mental state of the accused. The story of Timothy Souders pointed out the lack of actual attention that some prison psychologists paid to the inmates. Many prisoners were labeled as malingers (or fakers). Instead of being treated for obvious symptoms of delusion Souders was chained to a table for several hours out of the day. He was treated as if he were a violent offender in a solitary cell. These actions resulted in his death. Neglect seems to be one of the biggest ethical issues when it comes to mentally ill criminals.
When a mentally ill person is not seen as insane and is convicted of their charges and incarcerated they run the risk of being mistreated by prison officials and inmates. They may get in spats and more trouble due to the failure to transition in the environment of prison. Instead of being looked at as mentally ill they may take on a roll of a repeat offender to the lack of understanding of prison rules and protocol. This will lead to more prison time or solitary confinement.
In order for psychological treatment to be effective mentally ill inmates must first be recognized. Any inmate who at some point tried to plead a case of insanity should be re-evaluated upon entering the prison. In order for this to happen mental health professionals should be permanently employed with the prison systems to create effective measures of treatment. Prison officials should also be trained every few months to recognize the signs of mental illnesses, so that at some point they can maybe correct the early signs of mental illness. If these steps aren’t taken mental health programs may not be available to help manage the sick.
Resources
Cornell University Law School. (2013) Insanity defense. Retrieved from: www.law.cornell.edu/wex/insanity-defense
Frontline (2013) A crime of insanity. Retrieved from: www.pbs.org/wgbh/pages/frontline/shows/crime/trial/faqs.html
Green, E., & Heilbrun, K. (2011). Wrightsman’s psychology and the legal system. Belmont, CA: Wadsworth Cengage Learning
Lally, S., (1997). Drawing a clear line between criminals and the criminally insane. Retrieved from: www.washingtonpost.com/wp-srv/local/longterm/aron/expert1123.htm-Washingtonpost.com: The Insanity Defense
Schouten, M.D., & Silver, J. J.D.(2012) Almost a psychopath: The insanity defense. Retrieved from: www.psychologytoday.com/blog/almost-psychopath/201208/the-insanity-defense

Similar Documents

Premium Essay

Dorothea Dix Research Paper

...Cambridge Jail took a turn for Dorothea’s life. During her time teaching there, she realized that the handling of prisoners were horrifying, especially the handling of prisoners who were mentally ill. In result Dorothea Dix spent most of her life devoting to the welfare of the mentally ill. She began traveling around the country to investigate the environment and conditions of prisons and documented all the conditions. One case that was documented was about an old man she had visited. The old man became mentally ill after the death of his only son. Jail was the only place this man could go to be cared for. The old man was found lying on a small bed in a dark basement room deprived of necessary comfort. All documentation of the prison’s environment, such as the case of the old man was presented to the Massachusetts legislature. Not only did Dorothea investigate and document the conditions of prisons around the...

Words: 529 - Pages: 3

Premium Essay

Nursing Homework

...2. Compare & contrast the various forms of admission to mental health facilities: b. Voluntary i. Patients who access treatment voluntarily by consenting to be admitted and treated. c. involuntary/emergency ii. When the effects of the patient’s mental illness result in an immediate risk of self-harm or harm to others, or the effect of the mental illness is such that the patient is unable to provide food, clothing, or shelter for him/herself, and emergency commitment is appropriate. 1. Short period and more restrictive criteria for admission. 2. State requires that a mental health official see the individual. 3. A 2nd mental health professional makes and examination once the individual is brought to the inpatient unit. 4. Probable cause hearing must take place to continue the hospitalization. d. civil/judicial iii. Longer amount of time than emergency...

Words: 1311 - Pages: 6

Premium Essay

Lanterman Petris-Short Act Analysis

...end) “America’s prisons have become warehouses for the severely mentally ill”- Dahlia Lithwick The institutionalization of mental health care programs has resulted in a high number of mentally ill people ending up incarcerated without receiving the treatment they require due to the fewer funds provided by the government for the proper facilities needed. Dorathea Dix fought for the establishment of psychiatric hospitals. Due to budget cuts and changes in administration, the funds for psychiatric hospitals have decrease, limiting the amount of people that receive treatment and increasing the amount of people in prisons. Some critics claim that its the miscommunication between the public health departments and the criminal...

Words: 1300 - Pages: 6

Premium Essay

Dorothea Lynde Dix

...HIS 132-51 E. Jackson April 23, 2013 Dorothea Lynde Dix: A Woman With A Voice, Vision, and Victory For the Mentally Insane Deep in the dark dungeons of the jail or the “crazy cellar,” lived the neglected and often beaten, mentally insane. Naked, filthy, and foul-smelling, they often lived among other hardened criminals and “lunatics” of the day. There was no heat in the winter, or coolness in the summer, for it was thought they could not feel the heat or the cold, and they most certainly did not deserve any better. Chains bound them together, but one woman made it her life’s ambition to break those chains of confinement and of inhumane, barbaric treatment that the mentally ill endured in the early 1800’s. This woman was Dorothea Lynde Dix. As a social reformer, teacher, writer, nurse and humanitarian, Dorothea Dix devoted her life to the welfare of the mentally ill and handicapped. Her methods of research, lobbying, and advocacy were both innovative and effective in changing the world’s perceptions of the mentally ill. The overall purpose of this paper is to trace her life from her early to later years, with an emphasis on her antebellum and Civil War career, and then take a final look at a hospital here in North Carolina she helped to establish. By doing so, one may learn how and why she was inspired to make it her life-long career to advocate for the mentally ill in the ingenious ways she did. Dorothea Dix was defined by her earliest beginnings. Born in Hampden, Maine on...

Words: 1922 - Pages: 8

Free Essay

Therapeutic Jurisprudence

...strategy for dealing with the challenges of working with mentally ill individuals. The paper also discusses the historical and legal underpinnings of Mental Health Courts (MHCs), their growth, and the defining elements and operations of the earliest MHCs, which are best, viewed as evolving models of practice. Finally, the paper reviews studies of MHC operations and effectiveness and suggests future directions for MHCs. Rehabilitating the Court System In 2000, the Bureau of Justice Statistics (BJS) reported there were an estimated 283,000 prison and jail inmates who suffered from mental health problems. That number is now estimated to be 1.25 million. The rate of reported mental health disorders in the state prison population is five times greater (56.2 percent) than in the general adult population (11 percent).  MHCs were developed in an attempt to solve the problem of criminalizing the mentally ill; this phenomenon occurs when the mentally ill are arrested and prosecuted for minor offenses rather than being treated by the mental health system.  A greater focus on this may foresee a decrease in the rate of reported mental health disorders within the prison system. The basis for the above approach was founded on the concept of Therapeutic Jurisprudence (TJ), the notion that the law can play a role as a potential means of therapeutic influence and this could be achieved by making court proceedings more therapeutic to mentally ill prosecutors through involvement in treatment, MHCs...

Words: 2318 - Pages: 10

Premium Essay

Psy410

...has come to influence the modern American legal system in several ways. Meyer & Chapman point out some of the most common ways psychological evaluation has shaped the modern legal landscape: “evaluating criminal responsibility, competency to stand trial, or competency to handle one’s affairs; gauging potential dangerousness and its relationship to involuntary civil commitment; and the appraisal of honesty or truth telling by participants in the criminal justice system” (2009). Defendant Issues Many psychological issues with respect to criminal defendants have been acknowledged by the courts as legitimate considerations. Chief among such considerations is the court’s ability to assign criminal responsibility. Courts consider a defendant’s competency in several areas to determine his ability to stand trial, his ability to comprehend the charges levied against him, and the extent to which he is able to testify and assist in his own defense (Meyer & Chapman, 2009). A defendant must make several important decisions in his criminal proceedings, and the court will evaluate the extent to which he is mentally apt to make such decisions. The courts have ruled that a person accused of a crime must be shown to be competent to make certain decisions: the defendant must be competent to consent to a psychological evaluation, stand trial, plead guilty, waive counsel, and knowingly waive his Miranda rights (remaining silent and having an attorney present when he is questioned...

Words: 1115 - Pages: 5

Premium Essay

Http: //Philosophy.Wisc.Edu/Hunt/Guncont2.Htm

...of liberty . . . . The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.1 INTRODUCTION On April 16, 2007, Seung-Hui Cho went on a murderous rampage at Virginia Tech University, slaughtering 32 people before turning his gun on himself.2 Cho had previously been diagnosed with severe anxiety disorder and declared mentally ill in the Circuit Court of Montgomery County.3 At the time of the shooting, Virginia law prohibited the “purchase, possession, or transportation of any firearm by any person adjudicated ‘legally incompetent,’ ‘mentally incapacitated,’ or ‘incapacitated,’ whose competency or capacity [had] not been * Third-year law student at Southern Illinois University. Address correspondence to Mr. Sterzer at Southern Illinois University School of Law, Law Journal Office, Lesar Law Building, Carbondale, IL 62901, or via e-mail at jasons@siu.edu. 1 ST. GEORGE TUCKER, BLACKSTONE’S COMMENTARIES ON THE LAWS OF ENGLAND (1803), available at http:// www2.law.ucla.edu/volokh/2amteach/ sources.htm#TOC7. 2 VIRGINIA TECH REVIEW...

Words: 15528 - Pages: 63

Premium Essay

The Public's Perception of Mentally Ill Offenders

...THE PUBLIC'S PERCEPTION OF MENTALLY ILL OFFENDERS Name Institution Subject Date Attestation I appreciate the nature of plagiarism, and I am mindful of the University’s course of action on this. I, therefore, attest that this dissertation reports unique work by me throughout my University project. Signature (you must delete this, then sign and date this page) Date Acknowledgements I would like to pass my sincerest gratitude to my parents who shaped me to the person I am today. Moreover, I would like to acknowledge my supervisor and other academic staff that provided unconditional guidance and support. I would, furthermore, like to recognize my fellow students and colleagues who helped me in the facilitation of this project in various ways. In addition, I would also like to acknowledge the general public for allowing me to conduct my interviews. Last but not least, I would like to acknowledge my friends for providing their time, cooperation and tolerance before and after the study. Abstract The mentally ill offenders have arguably been viewed on an exclusionary spectrum continuum. The public has adopted punitive attitudes that have significantly hampered with restorative measures. The aim of this study is to examine the perception of the public regarding the mentally ill offenders. The sample investigated comprised of 3 most dominant ethnic groups. Out of 200 respondents there was an average of 30 participants for...

Words: 12371 - Pages: 50

Premium Essay

Future of Juvenile Justice

...The Future of Juvenile Justice Clinton Hardy, Dominique Whitlock CJA /374 March 18, 2012 Bruce Clingan The Future of Juvenile Justice The state of juvenile justice system in American is at a crossroad. It is important that the states take more of an imitative at the local level to ensure the important components of the juvenile justice system are being met. This is a proposal for the juvenile justice system to adopt some of the aspects of the adult system by building a state of the art facility that houses probation, home confinement, work release, and community service all in one place. The necessity for these services is crucial to the commitment to rehabilitation of youthful offenders. This project is a joint venture with the Department of Corrections, the city government, and the Department of Juvenile Justice. There are three areas that this proposal will address as far as social need and the explanation for these services. The three areas of deficiency that have to be addressed in relation to delinquency are family life and financial need, diagnosis of mental disabilities, and the likelihood of offending based on ethnic background. The purpose of this new facility is not to punish, but to get to the root of the reason for offending. Mental Health of Juvenile Offenders The most effective way to diagnose the problems associated with juveniles who offend or continue to offend is to make sure that all offenders, at one point or another, have had a mental health...

Words: 1968 - Pages: 8

Premium Essay

Social Welfare

...Social Welfare Past & Present robert white HN300: Human Services and Social Policy Social Welfare Past & Present robert white HN300: Human Services and Social Policy 2014 2014 Social welfare began in England with the English Poor Laws. Poor Laws were a body of laws that provided relief for the poor, developed in 16th-century and maintained, with various changes, until after World War II. The Elizabethan Poor Laws, were administered through parish overseers, who provided relief for the aged, sick, and infant poor, as well as work for the able-bodied in workhouses. However, the modern welfare state was started by Otto von Bismarck, the first Chancellor of Germany, created the modern welfare state by building on a tradition of welfare programs in Prussia and Saxony that began as early as in the 1840s. Bismarck introduced old age pensions, accident insurance and medical care that formed the basis of the modern European welfare state.  The United Kingdom, as a modern welfare state, started to emerge with the Liberal welfare reforms of 1906–1914 under Liberal Prime Minister Herbert Asquith. The passing of the Old-Age Pensions Act in 1908, the introduction of free school meals in 1909, the 1909 Labour Exchanges Act, the Development Act 1909, which heralded greater Government intervention in economic development, and the enacting of the National Insurance Act 1911 setting up a national insurance contribution for unemployment and health benefits from work. The...

Words: 1891 - Pages: 8

Premium Essay

Criminal Justice Today

...from the very nature of police work. Others, like racial profiling and exposure to civil liability, have arisen due to common practices, characteristic police values, public expectations, legislative action, and ongoing societal change. Certainly, one of the most significant challenges facing American law enforcement today is policing a multicultural society. In the past few years and recent year one big issue police officers face is the excessive use of force. It has been reported many cases of excessive use of force, resulting in a death of the individual. “Sheriff's officials revisit the use-of-force policy after lawsuit ruling” (4/15/2014). The daughter of Shane Hayes, a mentally ill man who was shot and killed in his home by San Diego County sheriff's deputies after brandishing a knife, filed a wrongful death suit against the department. She argued that the deputies provoked the confrontation that led to the shooting. It’s one of many other cases happening in recent years. Police have been in the in controversial events that it has been going across the world because of the news. Another issue with the struggle for the economy a lot of the agencies are shorthanded. Many officers got layoff; budgets have been cut, making it impossible at purchasing new gear. ("Law Enforcement Partnerships", February 26, 2015). Homeland security begins with hometown security. As part of its commitment to hometown security, DHS has worked to get tools, information, and resources out of...

Words: 572 - Pages: 3

Free Essay

Insanity Defense Paper

...Insanity Defense Paper Team B CJS/305 June 1, 2015 David Harper Insanity Defense Paper Mr. Stu Dents is charged with the murder of his girlfriend and a legal team has been chosen to represent him. At the time of his arrest, Mr. Dents was witnessed by police yelling such things as “Alien” and “I am God, let me go! I am God!” Now facing not only homicide but several other criminal charges such as burglary, assault on police, and kidnapping, Mr. Dents has made the choice to plead insanity. However, the question remains as to whether or not there is enough for an insanity defense. Should Mr. Dents stand trial? What are the state requirements for an insanity defense? What steps must be taken to prove insanity? Trial Mr. Dents’ defense team needs to decide if he should stand trial or not. Based on his arrest information a reasonable person would believe Mr. Dents to suffer from some sort of mental illness. However, when deciding if a defendant should stand trial or not the decision is not based on their mindset during the crime or the arrest. The decision is based on the mental state of the defendant at the start of trial. According to Criminal Law Today, “a person is competent to stand trial if he or she, at the time of trial, has sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings” (Schmalleger, Hall, & Dolatowski, 2014). Mr. Dents has already consulted...

Words: 1090 - Pages: 5

Premium Essay

Homelessness: America's Invisible Numbers

...Homelessness: America’s Invisible Numbers As each decade passes there comes to light a new or growing national problem that faces our country. Our nation’s history is blanketed with social problems the American people have encountered, such as civil rights, recessions, political struggles, warfare, and increasing unemployment. Each of these issues has received media attention for the problems, complications, and obstacles they provide for the population. Each of these issues in their own right is important and needs to be addressed because it affects every person in the country. However, there is another problem that poses a challenge to the American people that does not receive the attention it so desperately needs. The issue is American homelessness, a segment of the population that continues to grow with each passing year. Homelessness is caused by a number of factors that differ for each person. The most significant causes of homelessness are the lack of affordable housing coupled with a national increase in poverty, mental illness and addiction disorders. According to the McKinney-Vento Act of 1987, a homeless person is defined as any person who lacks housing. This includes individuals whose primary residence during the night is a supervised public or private facility that provides temporary accommodations or an individual who is a resident in transitional housing. This means an individual who lacks fixed, regular, and adequate nighttime residence, and an individual...

Words: 1900 - Pages: 8

Free Essay

History of Human Services

...“The field of Human Services is broadly defined, uniquely approaching the objective of meeting human needs through an interdisciplinary knowledge base, focusing on prevention as well as remediation of problems, and maintaining a commitment to improving the overall quality of life of service populations.” (National Organization for Human Services) Sounds incredible, no? This idea of bringing unique gifts and talents forward in order to provide vital human needs, in an environment that is accountable, and relies upon checks and balances (or introduces same) while seeking to stem new or growing problems, while staying steadfast and focused in order to deliver a better life to people in need. In undertaking the task of this paper I was excited when I found a reference to King Athelstan. He established what is the first recorded almshouse – in York in the 10th Century. I also found that the oldest established charity still in existence is thought to be the Hospital of St. Oswald in Worcester, founded around 990. What I found disturbing is that even though the almshouses in Great Britain survive and thrive – after many adaptations to this day – the almshouses established in the United States evolved to become very bad places. (Almshouses.org website) In our text, we read that in the United States, human services were established and modeled according to the Elizabethan Poor Law of 1601, and that the first principle laid down in the colonies defined poor relief as a public responsibility...

Words: 3058 - Pages: 13

Premium Essay

Mental Illness

...Juan Carlos Cruz English 1302 Research Paper 04/16/2015 Stigma among College students with depression and Anxiety There are a lot of illnesses. We go to the doctor, we get medication and some rest to get better; most of the times the disease is gone. However, mental illness is not the same. Once the person is affected, it is not a simple process to get back to an average day. It takes time and the right treatment to get better. .. Mental illness has several symptoms that need to meet in criteria of the DSM V in order to be diagnosed. The website MAYO CLINIC provides the following definition of what a mental illness is: “Mental illness refers to a wide range of mental health conditions — disorders that affect your mood, thinking and behavior. Examples of mental illness include depression, anxiety disorders, schizophrenia, eating disorders and addictive behaviors. Many people have mental health concerns from time to time. But a mental health concern becomes a mental illness when ongoing signs and symptoms cause frequent stress and affect your ability to function. A mental illness can make you miserable and can cause problems in your daily life, such as at work or in relationships. In most cases, symptoms can be managed with a combination of medications and counseling (psychotherapy) (Mayo Clinic,2015)” As the website described, Mental illness must disturb the daily functioning, such as the ability to work, go to school, or the difficulty of doing simple activities...

Words: 2158 - Pages: 9