Evaluate the effectiveness of the Australian legal system in recognising and protecting the changing nature of the family’.…
Last but not least mental illness is another population that the criminal justice system serves. Probably one of the more troubling aspects of the criminal justice system has to deal with. It seems that these people just seem to fall through the cracks of the system.…
If the policymakers and practitioners are to be able to design the most effective courts, empirical evidence about which aspects of mental health courts have an impacted effects, why, and for whom. Gathering evidence supporting answers for these questions will help strengthen a more impacting mental health court module by identifying the appropriate target populations and revealing the key practices. Further research will identify the elements of mental health courts that traditional courts could implement that possibly will have a greater outcome for the offenders that suffer with mental health illnesses throughout the criminal justice system (Mental Health Courts…
Bibliography: Freeman, K. (1998, October). Mental Health and the Criminal Justice System . (N. B. Research, Producer) Retrieved May 15, 2013 from http://www.lawlink.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/cjb38.pdf/$file/cjb38.pdf…
Pleading insanity can also help pick out the groups of people that need medical attention, and put them into the correct facilities ("12 Profound Pros and Cons of the Insanity Defense."). Cons of the insanity defense, would be that it is very difficult to prove someone was in the wrong state of mind during the crime, and an increase in trial costs. Depending on the state's rules on insanity, they can still be sent to prison, even if the criminal does in fact have a mental…
The first article I read was “A Suitable Punishment the Future of the Insanity Defense”. In the article the author talks about the insanity defense and how the public dislikes it. The general public believes that it is a cop out and allows people to get away with murder. Mr. Woychuk, being a lawyer, also talks about the battle of expert witnesses, the Mnaghten rule, and other issues related to the insanity plea. He also deals with the ineffectiveness of the American prison system in terms of deterrence and rehabilitation. The ability of the mental hospitals to retain a person until they are fit to leave is also discussed. He suggests this would be a better way of doing things in prisons to stop them from being revolving doors. This is where he then goes off on child rapists. He thinks they should be given an indeterminate sentence so they will not go out and commit the same crime again. Not allowing the criminals to commit these horrible acts would stop the cycle of kids being abused and then becoming dysfunctional as adults. Overall Mr. Woychuk believes that if the issue of personal responsibility is not dealt with properly we will continue to have violence and excuses for it.…
The NSW criminal justice system relates to all areas associated with the law and law enforcement, including those who are incarcerated, on probation, or suspected of committing a criminal offence. In evaluating the effectiveness of the criminal justice system in NSW there are three issues which can be considered; alternatives to gaol, charge negotiation and the role of the courts. These issues promote or demote the effectiveness of the NSW criminal justice system, especially when evaluated in terms of equality, accessibility, resource efficiency, and the balance of rights for victims, offenders and society. These issues are also discussed widely in the media, which presents…
With more stringent regulations and diagnoses needing to be proven defenses often use this as a last option in cases. Ultimately, only a jury can decide the issue of insanity, this alone is one of the most frustrating part about the insanity defense. In other words, people who have no training in the subject, rarely come into contact with the mentally ill and have a minimal understanding of the issues involved, make decisions and long-lasting judgments that are frequently based on other peoples testimonies or opinions. The wrong verdict and a murder may go for a hospital visit rather than prison. It is considered shaky ground and rightfully…
To this day, only five states deny the defendant of the use of insanity defense. The insanity defense has such a firm historical and moral origin that provide fairness to defendants who suffer from mental disorders. It is important that the government and the public to treat them with consideration; provide them with the treatment that suitable for the individual’s illness to make them better in hope of release them back into the community when they are no longer a threat to the public rather than to confine them in prison and let them…
a final concern to the justice system might reflect mental health issues that are not able to be…
If mentally ill defendants were to go to jail, they will not be getting the genuine psychological aid they need for when they are released. Accordingly, no changes will be made to criminals’ mental thoughts and behaviors if they were just simply sent to prison because they will not receive the treatment required to improve. Plus, if mentally ill defendants are psychologically rehabilitated, as McClelland states, they can be retried and potentially imprisoned in a traditional…
From overcrowding, various forms of violence, enforced solitude, lack of privacy, concerns about the future, and inadequate health services in prisons its no secret that the mentally ill are mistreated and have fallen through the cracks…
Incarceration of the mentally ill is a social problem because studies have shown that a significantly high percentage of individuals incarcerated in the United States have been diagnosed with a mental illness. A Stanford Law school study has shown that prisons and jails have become the new mental health care facilities. In their study, they highlighted the findings of the National Sheriff’s Association and Treatment Advocacy center, that ten times the amount of mental ill individuals are incarcerated rather than being treated in mental health facilities. The Stanford Law school…
Over time, there has been extensive research done on juveniles in the justice system. The way to deal with mental illness is to identify and treat the disorder. According to the National Conference of State Legislation, studies show that 70% of juveniles in the system suffer from some form of mental disease or defect. About 20% of them suffer from an illness so severe that it can lead to ongoing delinquency and eventually criminality in adulthood. When our juvenile justice system takes a mentally ill, underdeveloped minor and puts them in jail instead of a treatment facility, it can only make the situation worse. Idaho, Nevada and Texas all have laws that require mental health and/or substance screenings for all juveniles taken into custody.…
In conclusion, many problems stem from mental health illness when brought against the criminal justice system. Mental health illness can contribute to jail and prison overcrowding, high crime rates, drug addiction, and many other problems. After the wide deinstitutionalization of state hospitals, jails and prisons have seen an increase in the number and percentage of individuals with mental health and substance use. Furthermore,…