Mental Illness and Crime
Module 13 examines the relationship between mental illness and crime. A review of studies involving the prevalence of mental illness within the criminal justice system is provided. In addition, consideration of the impact of defining those who exhibit deviance and or law violating behavior as mentally ill. The module also reviews the public policy and police practice of dealing with the mentally ill.
Learning Objectives
After completing this module, you should be able to:
- identify organizations that are dedicated to mental health.
- explain how criminal justice policies and practices impact the wellbeing of the mentally ill offender.
- describe economic cost of criminalizing mental illness.
- illustrate the social cost of criminalizing mental illness.
- recognize the lack of resources available to criminal justice practitioners throughout the system (i.e., law enforcement, courts, and corrections) who interact with the mentally ill.
- identify federal legislation designed to promote public safety and community health.
- describe the susceptibility of mentally ill persons in the criminal justice system to crime victimization.
Summary
The relationship between mental illness and crime is a complex and multifaceted issue that has been widely studied and debated. It is essential to recognize that most individuals with mental health conditions are not involved in criminal activities, and people with mental illnesses are more likely to be victims of crime than perpetrators. However, some research suggests that there is a correlation between certain mental illnesses and an increased risk of involvement in criminal behavior.
Studies indicate that a significant proportion of individuals involved in the criminal justice system have some form of mental illness. These conditions can include schizophrenia, bipolar disorder, major depression, and substance use disorders.
There is a substantial overlap between mental illness and substance abuse. Substance abuse can exacerbate symptoms of mental illness and lead to impulsive or aggressive behavior, which may contribute to criminal activity.
Many individuals with mental illness, especially severe mental illnesses, end up homeless due to a lack of adequate support systems. Homelessness can expose them to various risks, including engaging in criminal behaviors to meet basic survival needs.
Some individuals with mental illness may not receive proper treatment or medication, which can contribute to their involvement in criminal activities. Untreated symptoms may impair judgment and increase the risk of impulsive actions.
Several risk factors associated with mental illness, such as impulsivity, poor coping mechanisms, and difficulty in social interactions, may also contribute to criminal behavior.
The correlation between mental illness and crime can depend on the specific mental health condition, individual circumstances, and socio-economic factors. Not all mental illnesses are equally linked to criminal behavior.
Stigmatization and discrimination against people with mental illness may contribute to their marginalization and isolation, making it harder for them to access resources and support, thus increasing the likelihood of involvement in criminal behavior.
Some jurisdictions have implemented diversion programs that focus on treatment rather than punishment for individuals with mental illness who commit minor offenses. These programs aim to address the underlying mental health issues and reduce the risk of reoffending.
The management of mentally ill inmates in jails and the importance of addressing their specific needs. It highlights the eight most important issues in managing mentally ill inmates, such as reception, housing, programming and services, medical services, discipline, physical plant, linkage, and staff training. It also mentions the formation of a subcommittee by the Ohio Supreme Court Advisory Committee on the Mentally Ill in the Courts to address jail standards for the mentally ill. Additionally, the document discusses the Crisis Intervention Team (CIT) program, which aims to effectively deal with mentally ill offenders through collaboration and specialized training for law enforcement officers.
It is important to avoid generalizing about people with mental illnesses and to treat each individual case with sensitivity and understanding. Addressing the correlation between mental illness and crime requires a multi-faceted approach that involves improving access to mental health care, reducing stigmatization, providing adequate housing and support systems, and implementing diversion programs when appropriate. Additionally, a strong focus on early intervention and prevention can help reduce the likelihood of criminal behavior among those with mental health conditions.
Key Takeaways
- A significant proportion of individuals within the criminal justice system are reported to have mental health conditions, including schizophrenia, bipolar disorder, major depression, and substance use disorders.
- Although there is some correlation between mental illness and criminal behavior, it is crucial to recognize that individuals with mental health conditions are more often victims rather than perpetrators of crime.
- There is a substantial overlap between mental illness and substance abuse, with substance abuse potentially exacerbating mental health symptoms and contributing to criminal behavior through impulsive or aggressive actions.
- Many individuals with severe mental illnesses become homeless due to inadequate support systems, which may lead them to engage in criminal activities to survive.
- Lack of appropriate treatment or medication for individuals with mental illness can lead to impaired judgment and increase the risk of impulsive behavior, contributing to their involvement in criminal activities.
- Some jurisdictions have implemented diversion programs aimed at treating rather than punishing individuals with mental health issues who commit minor offenses, thus addressing underlying health issues and potentially reducing reoffending rates.
Key Terms/Concepts
Casey v. Lewis (1990)
Community Supervision
Crisis Intervention Team (CIT)
Diversion Program
Dual Diagnosis
Gaol Act of 1774
"hands-off doctrine"
Mental Health Courts
Mentally Ill Offender Crime Reduction Act of 2003
National Alliance on Mental Illness (NAMI)
Second Chance Act
Standards for the Mentally Ill in Jails
Wyatt v. Stickney (1972)
Read, Review, Watch and Listen
1. Read Chapter 13: Mental Illness and Crime by Scott Blough, Tiffin University
2. Read How Nellie Bly went undercover to expose abuse of the mentally ill (PBS News Hour, May 5, 2018)
2. Read RAND Corporation’s, Is Mental Illness a Risk Factor for Gun Violence? (Rajeev Ramchand, Lynsay Ayer, April 2021)
3. Review the National Alliance on Mental Illness (NAMI) website
a. NAMI is the nation’s largest grassroots mental health organization dedicated to building better lives for the millions of Americans affected by mental illness.
b. NAMI formed an advocacy center called the Law and Criminal Justice Action Center.
4. Review the Prison Policy Initiative’s Mental Health Policies and practices surrounding mental health (last accessed July 2023)
5. Watch How Memphis has changed the way police respond to mental health crises: (PBS News Weekend, November 7, 2015) [last accessed July 2023]
6. Watch Rethink Criminal Justice’s Improving Mental Health in Jails and Prisons (Kodrich, A., December 2020) [also embedded below – last accessed July 2023]
7. Watch/Listen to Wendy Lindley’s The high price of criminalizing mental illness (TEDxOrangeCoast, October 16, 2013) [also embedded below – last accessed July 2023]
8. Listen to Mentally Ill and Incarcerated America’s 19th Century Response to Treatment (News Beat A Social Justice Podcast, July 2023) [last accessed July 2023]
To access the PPT file, click HERE. Note that files are updated regularly and as such might change in content and appearance.
Read, Review, Watch and Listen to all listed materials by the due date listed within the course LMS (i.e., Blackboard) site.
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Discussion Questions
- Considering the research suggesting a correlation between certain mental illnesses and criminal behavior, what specific mental health conditions are most frequently associated with increased criminal activity, and why?
- How does the overlap between mental illness and substance abuse complicate the treatment and management of individuals in the criminal justice system, and what strategies can be implemented to address both issues simultaneously?
- Discuss how homelessness among individuals with severe mental illnesses contributes to their involvement in criminal activities. What are the key interventions that could reduce this risk?
- Evaluate the effectiveness of diversion programs that focus on treatment rather than punishment for individuals with mental illness who commit minor offenses. What are the key components of successful programs, and how can they be improved?
- How does stigmatization of mental illness affect the ability of individuals to access necessary resources and support, potentially leading to criminal behavior?
Supplemental Resources
- Responding to Individuals Experiencing Mental Health Crises: Police-Involved Programs
- Rethinking interactions between police and the mentally ill – embedded below:
- Bazelon Center for Mental Health Law (http://https://www.bazelon.org/, last accessed May 2024).
- National Alliance to End Homelessness, State of Homelessness: 2023 Edition
- CIT Center – Memphis Model
- Bureau of Justice Assistance (BJA) – Mental Health Courts Program – Overview
- PBS: Any Given Day | Chicago’s Mental Health Court
- Estelle v. Gamble, 429 U.S. 97 (1976)
- Substance Abuse and Mental Health Services Administration (SAMHSA)
References
- Blough, S. (2009). Mental Illness and Crime. In J. M. Miller (Ed.), 21st Century Reference Series. 21st Century Criminology: A Reference Handbook (Vol. 1, pp. 100-109). SAGE Reference. https://link.gale.com/apps/doc/CX3201600023/GVRL?u=cod_lrc&sid=bookmark-GVRL&xid=bd6d637a
This case 1990 was brought by female inmates in the Arizona Prison system. The plaintiff class alleged that the defendants are deliberately indifferent to their serious health care needs including medical, dental, and mental health care needs.
Also known as probation or parole, is a legal arrangement in which individuals convicted of certain crimes are allowed to serve part of their sentence under the supervision of authorities while residing in the community instead of being incarcerated in prison. It is an alternative to incarceration that aims to provide rehabilitation and reintegration into society while ensuring public safety.
A specialized program in law enforcement designed to improve the way police respond to incidents involving individuals experiencing a mental health crisis. CIT programs aim to enhance public safety, reduce the risk of violence, and ensure appropriate and compassionate handling of individuals with mental health issues.
An alternative approach to the traditional criminal justice system, designed to provide certain offenders with opportunities for rehabilitation and community-based interventions instead of proceeding with formal prosecution and sentencing. The primary goal of diversion programs is to address the root causes of criminal behavior, promote rehabilitation, reduce recidivism, and prevent the unnecessary incarceration of individuals who may benefit more from treatment and support.
Also known as co-occurring disorders, refers to a situation in which an individual is experiencing both a mental health disorder and a substance use disorder simultaneously. This term is commonly used in the context of mental health and addiction treatment.
In the past, mental health and substance abuse issues were often treated separately, but it was discovered that individuals with these conditions often have overlapping symptoms and need integrated treatment approaches. Dual diagnosis recognizes that both conditions can interact and exacerbate each other, leading to more complex challenges for the individual's overall well-being.
The result of the testimony that John Howard provided to a committee of the House of Commons, Parliament passed the 1774 Gaol Act. The terms of this legislation abolished gaolers' fees and suggested ways for improving the sanitary state of prisons and the better preservation of the health of the prisoners.
An approach that allowed prisons and jails in the United States to operate in relative obscurity because the courts believed that correctional administrators were better equipped than the judicial system to govern the operation of prisons and jails.
Specialized court programs that aim to address the needs of individuals with mental health disorders who have become involved in the criminal justice system. These courts provide an alternative approach to traditional criminal courts by focusing on rehabilitation, treatment, and support rather than solely on punitive measures. Mental Health Courts are part of the broader movement towards diversion programs that aim to address the underlying issues contributing to criminal behavior.
A significant piece of legislation aimed at addressing the needs of individuals with mental illness who are involved in the criminal justice system. The Act was introduced in the United States Congress and signed into law by President George W. Bush on July 25, 2003.
A nonprofit organization in the United States dedicated to improving the lives of individuals and families affected by mental illness. It was founded in 1979 by a group of volunteers and individuals with mental health conditions who sought to create a support network and advocate for better mental health services and policies.
NAMI's mission is to provide support, education, and advocacy for people living with mental health conditions and their families. The organization works to promote awareness, reduce stigma, and improve access to mental health services across the country.
Authorizes federal grants to government agencies and community faith-based organizations to provide employment assistance, substance abuse treatment, housing, family programing, mentoring, victim support, and other services intended to reduce recidivism.
Provides for the Basic Mental Health Services standard (F-03 in the 2018 manuals for jails and prisons) and is meant to ensure that individuals with mental health problems are able to maintain their best level of functioning. The immediate goal of treatment is to alleviate symptoms of serious mental disorders and to prevent relapse.
The right to treatment for people with mental illness was first recognized in this 1972 case within Alabama. The court concluded that there were many treatment options for individuals with mental illness that did not involve warehousing in large state institutions.
