Should Mental Illness Be Taken Into Account in Determining Punishment?

The penal system has been no help in alleviating the stigma attached to mental illness, routinely and historically treating mentally unstable inmates with just the same harsh approach as their criminally insane counterparts. Indeed, the distinction between these two populations is significant; however, authorities have long been reluctant to entertain such a concept. Similar to the treatment availed to them in institutions, mentally ill inmates have a history of being shackled, beaten and deprived of the most basic human needs. One might readily argue how state and federal penitentiaries exist for one reason and one reason only: to lock up the criminal and throw away the key. The conspicuous absence of rehabilitation programs speaks to the attitude society openly harbors about its convicted felons – keep them out of sight forever. Only recently has the idea of rehabilitation over incarceration been considered throughout contemporary correctional institutions as an alternative toward addressing the imprisoned mentally ill, a population many believe are deserving of this option because of their blatant lack of free will in making morally responsible choices.
The perpetuation of criminal activity, coupled with the severely limited resources availed to the state and federal criminal justice system, has made it almost compulsory for the penal system to implement comprehensive mental health programs not only to help alleviate prison overcrowding but also to rescue those inmates who do not belong in the penal system.
Most people like to think that human beings possess free will, at least with regard to a wide range of actions. In contrast, however, some believe that certain people lack the aspect of free will. Many great theorists have contended that the reason some people may, indeed, lack free will is not so much due to the determined nature of their choices and behavior, but rather due to the fact that their behavior is not responsive to their choices in such

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