Prosecutorial Discretion In The United States

Discretion is the eminence of once behavior or the way of speaking in order to avoid any offensive occurrence or speaking up any private issues or information in public. It is the self-determination for someone to choose or think what should be better to be done in particular circumstances. Especially for a judge, a public official or other private party has the authority to make decisions on any legal matters or other big official subjects. Thus, a person who is authorized with the power of discretion often thinks about how to apply the given supremacy.

Here once again we see the fact that mental illnesses are being blatantly ignored and clearly mental ill patients are being convicted without the proper due process because appeals and motions are being rejected because the legal system doesn’t match with the psychological stand points of mental illness

See Robert L. Misner, Recasting Prosecutorial Discretion, 86 J. Crim. L. & Criminolcxiy 717, 726 (1996) (detailing the relative resources spent on corrections versus those spent on legal services).

The prevalence of individuals with severe mental illness entering the criminal justice system creates a social injustice and substantial cost. People with mental illness cycle thorough courtrooms, jails, and prisons, generating a concern among policy-makers, criminal administrators, practitioners, families, and advocates. These facilities lack the ability to provide adequate treatment and results in a damaging cycle. In 2000, The United States Congress responded to these individuals by authorizing Policy Law 106-515 or mental health court; combining court supervision and community-based treatment services for individuals with mental illness. Policy Law 106-515 is a therapeutic court approach which seeks to provide effective treatment and eliminate

A significant and controversial issue within the legal system is the ‘insanity defense’ in which during a criminal trial, the defendant will make a claim that they are not guilty by reason of insanity, or in other words, they have deficient and impaired cognitive and mental capabilities. These mental health problems associated with insanity are caused by psychopathological disorders, which may have led to their dysfunction. What separates this from a regular plead of ‘diminished capacity’ is that a plea of insanity is a full defense rather than just a partial defense (Legal information institute, n.d.). With the diminished capacity defense, the defendant’s mental competence is still the focus, although they are pleading to a lesser crime

Mental Illness - The prisoner’s moral culpability for his offending is reduced by reason of his mental illness and the objective

Each day vast amounts of people with mental disorders are being cycled through the criminal justice system. A recent study shows that approximately twenty percent of prisoners have a mental illness, and out of all of the mentally ill people alive, forty percent of them will serve some sort of jail time in their lifetime. In recent studies, it has also appeared that individuals being incarcerated have more severe types of mental illness, including psychotic disorders and major mood disorders than they did in the past. In fact, according to the American Psychiatric Association, between two and four percent of all inmates in state prisons are estimated to have a psychotic disorder such as schizophrenia, thirteen to nineteen percent have severe

An unfortunate reality in today’s society is the gross overrepresentation of persons with mental illness in the criminal justice system. According to Teplin (1984), persons with mental illness have been found to be almost twice as likely as individuals without any known mental illness to be arrested for their behavior in similar situations. Furthermore, several other studies have even shown that roughly half of all persons with a mental illness have been arrested at least once in their lifetime (Solomon & Draine, 1995; Walsh & Bricourt, 2003). Although these statistics seem to further support the common belief among many citizens that mentally ill persons are dangerous criminals, research indicates that the mentally ill are more often arrested for nonviolent minor charges (Cuellar, Snowden, & Ewing, 2007). Not surprisingly, a considerable portion of individuals within the criminal justice population have a diagnosable mental illness. According to Ditton (1999), 7% of federal inmates, 16% of state inmates, and 16% of jail inmates have a mental illness. These percentages may be inflated because persons with mental illness tend to spend longer periods of time in custody than those without a mental illness. Perhaps the greatest indication of the brokenness of the system is the fact that there are more mentally ill persons in jails and prisons today than in public psychiatric hospitals (Lamb& Bachrach, 2001). In fact, according to the

Mental health courts change the criminal justice system. In addition to probation, jail, prison, and other forms of rehabilitation, a mental health court introduces a new option as “punishment”. Psychiatric treatment. But mental health courts also change the system in other ways, by criminalizing non-criminal behaviours. But the mental health courts that exist so far, with very few exceptions, accept only people charged with nonviolent low-level offenses. While these courts help some people get services, they do nothing to help the mentally ill facing prison or lengthy jail sentences, and they do not reduce the criminalization of mental illness. If mental health courts increase the punishment of minor offenses, as some undoubtedly do, their

The incarceration of those who are mentally ill is on the continual rise. Many states juggle with the decision of placing offenders in Mental Hospital or locating them in State Prisons. Latessa and Holsinger (2011) discuss two major reasons for the increase of those with mental illness within the prison system. First, many states have no longer allow for the insanity plea during criminal trials, thus those who suffer from mental illness are not required to receive mandatory mental treatment. This is due to the discomforting idea that criminal offenders should not be given the same living conditions as those whom are patients of mental wards. Secondly, longer sentences have created a surplus of mentally ill offenders needing treatment. Soderstrom (2007) added that the lack of mental health support systems in

The shutdown of state mental hospitals and lack of available financial and institutional resources force mentally ill people to the United States Judicial System for mental health. Every year thousands of people are arrested for various crimes and they are sent to jail. Sixteen percent of these people have some type of mental health problem (Public Broadcasting System , 2001). When we consider that the United States has the largest incarcerated population in the world at 2.2 million, this number is staggering (Anasseril E. Daniel, 2007). This is about 1% of the entire population of the United States. There are many reasons as to why the situation has taken such a bad turn and when the history of the treatment of mental illness is examined one can see how the situation developed into the inhumane disaster it is today.

The United States criminal justice system has been continuously increasing incarceration among individuals who suffer from a sever mental illness. As of 2007 individuals with severe mental illness were over twice as likely to be found in prisons than in society (National Commission of Correctional Health Care, 2002, as cited in Litschge &Vaughn, 2009). The offenses that lead to their commitment in a criminal facility, in the majority of cases, derive from symptoms of their mental illness instead of deviant behavior. Our criminal justice system is failing those who would benefit more from the care of a psychiatric rehabilitation facility or psychiatric hospital by placing them in correctional facilities or prisons.

This research paper discusses the issues of people who suffer from mental illness being placed in jails instead of receiving the necessary treatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to care for these inmates and because of that inmates who do not receive the treatment they need are at a higher risk of becoming a repeat offender. Despite the research and findings that show that the criminal justice system is unable to deal with issues dealing with the mentally ill there has been limited solutions put in place. Given the challenges the criminal justice system faces it is important to address the problem and come up with better solutions. This research paper will discuss the various techniques and solutions that scholars have propped and their effect on the issue of mentally ill criminals and how the criminal justice system should approach the problem.

Image a life where you have difficulty defending yourself and nobody can clearly understand you. Now visualize trying to convince others that you are innocent of a crime. Since the early 80s, more than sixty mentally ill criminals have been executed the US (Mental Illness on Death Row). This paper will discuss the relationship between the law and the challenges faced by mentally criminals from tries to appeals and execution. It provides examples of some of the more famous cases of the execution of the mentally ill and describes current legislative. But we would try answer the whether the mentally disabled criminals should be charged with a death penalty. Throughout this paper, we will use Borromeo 's definition of someone with mental issues. He stated "mental retardation is a lifelong condition of impaired or incomplete mental development..." ( Borromeo 178). Some examples of these illnesses include but are not limited to major depression, bipolar disorder, post traumatic stress disorder and borderline personality disorder .

Mental Illness has been prevalent all throughout our history from Isaac Newton to Abraham Lincoln to Sylvia Plath and so on. These illnesses can be as minor as a slight bipolar disorder or as severe as schizophrenia. In recent years, mental illnesses are becoming more prevalent in our criminal justice systems than anywhere else. Mental illness is becoming an association with crime and based on the information that has been found, this paper will attempt to further define the problem of mental illness within our criminal justice system and offer alternatives or insights as to how to possibly help with this problem.