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Law and Justice in Real Time alta.corcilius

Mental Health Concerns in the Administration of Criminal Justice

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The issue of mental health in our criminal justice system is severely under-represented. We have individuals both taking advantage of and getting lost in the system which gives neither the help they need. The issue of misdiagnosing is where the problem begins; we lack the research we need to complement the diagnosing methods of physicians. Stigma concerning individuals with intellectual disabilities, especially offenders, is also causing conflict in putting them through the system. Minority standing is, of course, the underlying factor in all of this, considering the majority of individuals with mental disabilities in the criminal justice system are part of a minority group.

The plea of temporary insanity (if successful) can prove little to no consequences from the criminal justice system, yet rarely is it truly insanity that drives these offenders to offend. People that are part of the majority, wealthy and white that have the resources to put together a team of excellent lawyers are more likely to use this defence than those that are obviously actually psychotic. The problem with this is it leaves criminals who only claimed insanity, out of the streets to re-offend. Many legitimate psychotic individuals do not even know what is best for them, yet they still have to decide their own fate and many refuse to allow their lawyer to mount an insanity case for them. As a result, they get stuck in the system without proper services to give them the assistance they need that would be provided in mental health facilities. This is one of the many issues with pleas such as these; the wrong people use them and the right people don’t know how to use them and aren’t receiving aid on their behalf.

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The stigma we place upon individuals with mental disorders leads many people to brush them under the rug so to speak, because what can they contribute to society? What will it hurt me to accidently put them in jail instead of a mental health facility? It hurts them, it hurts their families and it hurts the community around them when mentally disabled offenders don’t get the treatment they need to not offend again. Jail is not the equivalent of therapy or medication, which is the only thing proven to keep these offenders from re-offending.

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In order to stop this problem we need to conduct more research, continue to make better and more assistance programs available to minority groups and change the way people with mental disabilities are tried. Research will make diagnosing more accurate and valid, programs will prevent minorities from ending up in the criminal justice system to begin with and could also contribute to getting rid of prejudicial bias within the system. Changing the way people with Intellectual disabilities are tried is the most important way to stop them from being improperly put in the general jail population. If they cannot make proper judgements they should not and can not make proper decisions on these judgements and should not be forced to.

To close, here are a few last words about mental illness:

1. So how do we fix this problem besides more research and better methods for diagnosis?

2. How much of a factor is race, sex and/or social status in deciding where/how an offender is sentenced?

3. Do you know someone with a mental disability who has had to go through the criminal justice system? How did it work out for them?

 

 

 

Is Racial Discrimination a National Problem in the Criminal Justice System?

 

  Politics requires us to take a look at the big picture of current issues in order to solve them. Politics also considers similar historical evidence in much of its decision-making. In order to answer the question; is discrimination by race a national problem in the U.S., we need to look at some research. In Whitewashing Race, the Myth of a Color-Blind Society, Michael K. Brown and his associates presented three waves of social research that have been executed regarding discrimination in the Criminal Justice system. The first wave was implemented prior to the Civil Rights Movement, the results were that race did indeed have an impact in the system, such as in the courts and the police force. The second wave of research was completed throughout the 1970’s and 1980’s and was led by Alfred Blumstein of Carnegie-Melon University. Blumstein conducted research (with controlled variables) which compared African American rates of arrest for violent crimes with the imprisonment of African Americans. The results were this: “Blumstein found that about 80% of the difference between black and white imprisonment rates for crimes of violence had disappeared” (Brown, et al., 2004). The third and final wave mentioned in Brown’s article was done in the 1990’s and found that discrimination exists in the criminal justice system but in more indirect, complicated and sometimes subconscious forms. Why the sudden difference between wave 2 and wave 3? Robert Crutchfield can answer that question. Crutchfield pointed out that Blumstein’s national level of discrimination in the system did not accurately depict state rates (Brown, et al., 2004). There have since been several studies/research articles that confirm the theory that racial discrimination in the Criminal Justice system is a state-to-state problem, not a nationally universal one. This, of course, makes perfect sense since slavery was rooted in the South. Longstanding customs are culturally historic and some (like slavery) have an immense impact on the future. The three waves of research presented here tell us two important facts. One; discrimination in the system is declining over time and two: the problem is concentrated at the state level. Being aware of this problem is the first step, the next would be attempting to speed up the decline of discrimination until it is no longer a factor in our Criminal Justice System. To do this, I believe we cannot change the views of the people in our Criminal Justice System who discriminate unless we attempt to educate them. Just like many if not most people who discriminate, these offenders fall under the category of ignorance. Time too, I believe will aid in the dissipation of discrimination because these offenders soon will be discriminating against the majority, immigration will soon lead to a more racially neutral America.

Questions:

  1. Do you think the problem of discrimination in the Criminal Justice system is universally national or state-wide?
  2. What could be done to rid our Criminal Justice System of racial Discrimination in our states?

 

 

 

(Source: Upper Southampton Patch, 2015, “And the Most Racist Place in America is…Closer Than You Think”)

            Brown, M., Carney, M., Currey, E., Duster, T., Oppenheimer, D., Shultz, M., & Wellman, D. (2004). Whitewashing race: The myth of a color-blind society. Choice Reviews Online.

Retrieved from: https://learn.wsu.edu/bbcswebdav/pid-1044881-dt-content-rid-4509727_1/courses/2015-FALL-PULLM-CRM_J-400-7371-LEC/Brown%20et%20al.Whitewashing%20race2.Race%20crime%20and%20justice.pdf