Special population: Mentally Ill individuals

            Introduction

Mentally ill delinquents are a norm in every prison in America and globally, a reality that affects both the special populace and the criminal justice system (Morgan et al, 2012). Mental ailment can best be described as a variety of cognitive disorder conditions that alter an individual’s thoughtfulness, behavior and attitude. A populace between two hundred and three hundred thousand people in the United States prison suffer from some form of mental ailments such as depression, Schizophrenia, and other behavioral disorders. A projection of 70 percent of this populace is accounted as psychotic on daily basis. However, despite this statistics, most of the incarceration mental health services remains to be inadequate and characterized by low staffing, inadequate facilities and restricted programs (HRW, 2009). In most cases, ailing prisoners acquire little to zero treatment and their mental needs are ignored with their issues being categorized as disciplinary issues. The outcome of cases that involves mentally ill offenders have always been questionable because these people are not only unable to fully defend themselves but also they cannot understand the severity of the situation. The criminal justice system is obligated to offer justice to every individual regardless of their status and thus in order for this goal to be achieved the needs of the special populace must be addressed fully.

Special Population Description

Mental is a disorder that impacts an individual’s mindfulness ability, attitude, and behavior. Such a state can alter an individual’s capability to associate with other people and daily functioning (Morgan et al, 2012). Mental illness differs from an individual to another as each person is bound to experience distinct responding changes based on their mental condition. Despite the fact that the actual cause of the disorders is not well established, it is known that the interaction of social, biological and psychological experiences play a major role.  Mental ailment is accounted as a disorder given that it affects an individual’s ability to respond to issues as a normal being. However, despite the rising concerns and issues raised by mentally ill delinquents the treatment that this special populace receives is not one to be desired (Elsayed, Al-Zahrani & Rashad, 2010).

The state and treatment offended to the mentally ailing offenders are one that raises some ethical worries. The mental health requirements of this populace are in most cases neglected or unmet which is not only a violation of their rights but their wellbeing as well (Elsayed, Al-Zahrani & Rashad, 2010). Based on some statistical projections more than 50 percent of the American prisoners are affected by some sort of mental illness. As a result, yearly thousands of mentally ailing persons are referred to prison facilities that are characterized by limited resources that are caused by overcrowding and thus they acquire inadequate healthcare treatment. Based on the solitude that they become part of they end up serving longer terms than the normal populace leading to the death and health deterioration of many (Elsayed, Al-Zahrani & Rashad, 2010). There are a number of factors that affect the outcome of mentally ailing criminals like the incapability to understand the charges or defend their actions. In that, most of them will plead as guilty without even having to be tried enough to examine their issues. Mentally ailing delinquents are not normally conscious of their operations or decisions and thus they are unable to fully defend or justify the cause of such things.

Most of the needs of this special populace particularly the healthcare ones are never met. The closure of mental facilities that were previously dealing with this populace and reduction of funding by the American government has led to the rise of some critical problems for this populace (Prins, 2014). Individuals who should be placed under treatment facilities and programs are in turn sent to the correctional facilities without any consideration of their mental state and long run healthcare also missing on the ground of infringing the law and causing severe offenses. Morally, any individual who gets into the Criminal Justice System is to be offered adequate care and enjoy similar rights as those that are part of the rest of the prisoners such as rehabilitation and treatment. The condition that they won, however, makes it particularly hard for such privileges to be enjoyed because they are disadvantaged (Prins, 2014). A significant number of this populace suffers from some controllable diseases such as depression but due to the lack of adequate care, the conditions normally worsens. A mental condition is considered to be a mental disease in instances that the associated symptoms exist for a prolonged period thus affecting their ability to meet their daily needs. It is accounted that about 10 percent of the populace commit offenses not intentionally but due to the mental impairment that affects their judgment (Elsayed, Al-Zahrani & Rashad, 2010).

Challenges faced by Mental Ill Offenders

Every set of offenders are subjected to a set of challenges but for the mentally ill the situation is worse. America has the utmost level of adult prisoners globally owning about 25 percent of the global incarcerated populace (Prins, 2014). With more than 2 million prisoners the percentage of mentally incarcerated persons has been raising rather steadily over the last decades mainly because of mental health facilities deinstitutionalization (Prins, 2014). In repetition, mentally ailing delinquent’s accounts to a significant part of the country’s prison populace that leads to some challenges to the institution’s management and correctional staffs who are not fully equipped in terms of knowledge and skills in regard to the treatment, care and protection of this specific population (HRW, 2009). Offering mental clinical care and substance treatment for the delinquents is difficult based on the ground that most of the institutions are not adequately equipped to handle mental illnesses properly. Offenders convicted with mental illnesses are more prone as compared to all other prisoners to be part of the solitary imprisonment, financial exploitation, bodily and sexual persecution, suicide and self-destruction.  

For mentally ill individuals they face a number of challenges. To begin with, in the instance that they are accused of committing a certain crime, they are not only subjected to the challenge of being able to fully defend themselves but also the inability to fully understand their situation (Arboleda-Flórez, 2009). Those without the financial means acquires representation support from the government which is usually not effective as most of those accountable, are not fully trained to handle such conditions. On the other hand, some people financially exploited by attorneys that seek to harvest from them in the name of defending them (Morgan et al, 2012). Their mental condition places them at a major disadvantage and they are not able to understand all that. In addition, when compared to normal people who can justify and defend their actions for them they end up pleading guilty as they are not able to account for all that occurred. Leniency in their sentencing is not normed on the ground that, they are a threat to the public and themselves (Prins, 2014).

On the other hand, for this particular populace in prison, one of the leading ethical problems lies in treatment. In that, the general needs of the mentally ailing persons are physiological, emotional and pharmaceutical (Arboleda-Flórez, 2009). In most cases even though an individual demonstrates a number of issues that are associated with mental disorder some of them are not diagnosed before the imprisonment. In this case, programs such as counseling might be useful in creating psychological wellness which in turn leads to stability. It is sad that the American prisons have become the caretakers of mentally ill persons while still restraining them in the name of justice and protection. There are a number of severe and long run mentally ailing persons that are retrained in the correctional facilities today more than those that are within the hospital facilities as a whole. It is rather evident that prisons are not accommodative of the mental ailing populace as they lack the needed designs for dealing with a terrific incursion of people with notable mental disorder degrees (Prins, 2014).

A jail plays part in regard to shorter sentences thus there are limited resources and abilities to make a diagnosis as well as treatment. On the other hand, prisons are characterized by limited resources for conducting adequate treatment for the affected persons. The availability of mental treatment and proper care remains to be of serious concerns. Most of the incarceration institutes have a low number of staffs and those that are present have no adequate knowledge in regard to clinical treatment (Arboleda-Flórez, 2009). More so, most of this institutions do not incorporate mental health assessments when the individuals are being introduced to the setting thus leaving most of them with unattended healthcare needs. Due to staffing and resources strains the incarceration period and the period that is set for rehabilitation is usually short and in most cases, they do not exist. Even within the incarceration facilities where mental experts are included as staffs their services are usually limited thus decreasing the accessibility of extended counseling services. This might imply that the only contact with a cognitive health expert might is usually done in grouped programs. This grouping interactions incorporate prisoners with large disorders variation and counseling is done collectively along with offering and recommending medications that seek to lower the illnesses effects (Arboleda-Flórez, 2009). This is challenged by limited follow up on the progress of each inmate and the inability to understand and concentrate on the needs of each individual.

The psychological needs of the incarcerated populace are usually not fulfilled and while most of them are accounted as mentally fit to participate in trials emotional distress usually affects the outcome of these cases (Reingle-Gonzalez & Connell, 2014). This is caused by the fact that the changes that come with the process lead to the intensification of depression and anxiety particularly since the new nature of the environment present many challenges. The interaction with the legal team is a complex one as the populace might appear to be avoiding or not trusting the assigned legal team. Stigma is an additional reason as to why most individuals with mental issues never acquire adequate support and treatment as necessitated. This kind of stigma is mainly dominant in the prison setting and beyond. Based on the trauma that such a situation, this implies that most of them, will serve their complete sentences while their problems have not been identified (Reingle-Gonzalez & Connell, 2014). The aggressive assaults that might be subjected to them by the officers and prisoners and the change of environment can worsen their behaviors based on the control exerted by those surrounding them leading to the rise of fear and doubts.

For the mentally affected offender's fraud is also a primary issue. In that, the normal populace tends to mimic their behaviors in order to get access to the drugs and better treatment which usually leads to the reduction of the available resources (Reingle-Gonzalez & Connell, 2014). Their behaviors which might at times be aggressive usually create disadvantages for them to the point of losing their privileges as they are not allowed to interact with the rest and the isolation increases stigma and stress. The representation of this populace by the media is one that has also raised a number of issues in the recent years (Beale, 2006). In that, they are portrayed as disadvantaged persons with the ability to defend themselves and a threat to selves and the public. This has therefore played part in the rise of a negative perception in general where they are considered to be delinquents who deserve nothing less but restriction (Beale, 2006). This situation is however inaccurate as it has played part in deinstitutionalization of mental facilities and funds support reduction in general. It is a fact that this population is mentally disabled but this does not mean that they do not deserve proper care or that their needs and disorders cannot be solved with the availability of the needed resources.

Organizations, Policies, Procedures, or Processes That Continue To Exploit, Discriminate Against, and/or Neglect the Special Population

The design of prisons does not fit within the proper provision of mental healthcare but this remains to be one of their prime obligation in the contemporary society. This has been caused by the lack of accountability by the policy developers and the government. Most people cannot acquire any mental health management in the community which is mainly driven by the fact that they are taken away after committing an offense. The incarcerated populace continues to increase rather steadily in the recent years which includes the mentally ill people. However, the needs of the special populations have for the longest period been neglected (Reingle-Gonzalez & Connell, 2014). The criminal justice system, governmental agencies, policy developers and human rights fighters have in a way neglected addressing the discrimination, poor treatment, and abuse issues that are faced by the mentally ill populace within correctional facilities across the nation. Under the human rights provisions, it is evident that mentally ill persons are entitled to proper treatment and restoration through counseling and rehabilitation initiatives. Health and right to being free from any form of abuse of discrimination are also highlighted (Peters, Wexler & Lurigio, 2015). This is also backed up by the persons with disabilities convention rights and the discrimination act. There is lack adequate policies that directly demonstrate the proper treatment that this populace should be subjected to on the ground that even though they are entitled to treatment and proper case this is not the actual case.

Across America, prison staffs in most cases utilize unneeded and extreme force for the offenders diagnosed with mental illnesses such as bipolar. Such aggression is mainly applied as a form of punishment which is against the provisions of the law (Peters, Wexler & Lurigio, 2015). These viciousness results in trauma to the already vulnerable populace thus worsening their conditions which make additional health interventions as difficult ones. In most instances that incorporates most of the documented ones, it has been established that such acts lead to the death of the inmates. Prisons are undeniably dangerous and thus the operating employees are entitled to the use of extreme power only in cases where the security and safety of others are being threatened (Arboleda-Flórez, 2009). As provided by the constitution and human rights provisions holds that the use extreme force to any offender with mental disorder might not only be utilized only in instances when the needed responses are needed and not to be applied as a form of punishment. Based on national reports the use of force it has not been indicated on such reports which clearly demonstrates that there is lack of responsibility that leads to the use of extreme force with the lack of adequate training and abilities (Peters, Wexler & Lurigio, 2015). One thing that raises concerns in regard to mental illnesses is exposed to physical threats by those that surround them.

Changes You Might Make To the Current Criminal Justice System to Address Challenges Faced By Mentally Ill Individuals

It is evident that a number of changes need to be done on the current Criminal Justice system in order to address the challenges that are currently faced by mentally ill individuals (Fagan & Ax, 2010). As offenders, it is not mainly about treating this populace as the wrongdoers but basically ensuring that their rights as provided by the constitution are upheld. To begin with, mental healthcare facilities should be institutionalized across of prison facilities to cater for the medical needs of this populace (Gideon, 2013). Mental health treatment can best play an assisting role in ensuring that these offenders fully recover while for most their painful and disturbing symptoms and issues are solved fully. This can be essential in reducing the number of deaths and illness deterioration thus saving the government and public millions of dollars that are spent annually in catering for these health needs. This will also improve the individual functioning of every prisoner thus encouraging the growth of more effective inner control strengths, by assisting prisoners in regaining their health stability and enhancing their abilities to cope with their condition and the environment this will, in turn, enhance safety for everyone even after their release (Fagan & Ax, 2010).

In addition, adequate staffing and resources should is the other change that is needed. These facilities should be well funded and equipped with adequate staffs that are well trained in addition to providing the needed resources (Gideon, 2013). These will help in catering to the needs of the populace fully while ensuring that their rights are guarded. Practices within the facilities should be transformed to ensure that these people are given special treatment that will create a better inner feeling thus increasing their coping capabilities. Without the provision of adequate and the required care, the condition of most of the offenders gets worse. The use of violence to address issues should also be addressed by creating better working policies that mainly guards individuals against such acts. The main thing that is required from the system is to bring about responsibility and accountability for the wellness of these people not only to ensure that they are well but also their privileges are upheld (Gideon, 2013). This can best be achieved by changing the practices, ensuring that the offenders are engaged in rehabilitation and treatment programs. This can also be achieved through increased awareness among the public to eradicate the negative perception.

Promoting Fairer Treatment of the Mentally Ill Individuals

There are a number of resources such as the setting of clinical facilities within the prison settings that are needed in ensuring wellness for mentally ailing persons. The institutions should provide adequate staffs with the needed skills to address the problems of these persons (Peters, Wexler & Lurigio, 2015). Adequate staffs cannot fully address the needs of these people if the resources are not fully equipped. In that equipment’s such as drugs and counseling facilities should be provided this is along with facilities that encourage the incarceration of these people without isolating them. In addition, policies that address the use of force, discrimination and seek to ensure that adequate treatment is offered should be implemented. The existing policies are all inclusive but more different policies are required in addressing issues directly as they affect the mentally ill people.

How the Changes You Suggested Might Contribute To Social Change

The suggested changes such as increasing funding, resources, staffs and changing the practices to ensure that discrimination and force use is not encouraged can lead to a more stable society. In that, while the needs of the mentally ill are fully addressed through taking different measures that promote their health and enhances their interaction abilities, this will not only transform them individually but will also ensure that once they are released they become fully responsible for their actions (Fagan & Ax, 2010). On the other hand by increasing awareness and familiarity regarding the existence of mentally ill offenders and the surrounding challenges the negative perception will be eliminated thus resulting in a more accommodative society that cares and values the wellness of these people without judging them based on their mistakes (Doyle, 2006).

Conclusion

It is evident from the above analysis that, mentally ill represent one of the most disadvantaged and venerable special group in the American Criminal justice system. Mentally ill individuals face some challenges based on their inability to fully defend themselves or understand the situation. Once they have been incarcerated their rights are infringed repeatedly thus raising some ethical concerns. In order for these issues to be addressed, there is a need to develop policies that fully guard these people and increase awareness to ensure that their problems are understood fully. By increasing resources and creating mental healthcare programs the psychological and mental health will be regained which will, in turn, lead to a more stable society where the individuals can work independently for the wellness of everyone.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Arboleda-Flórez, J. (2009). Mental patients in prisons. World Psychiatry, 8(3), 187–189.

Beale, S. S. (2006). The news media’s influence on criminal justice policy: How market-driven news promotes punitiveness. William and Mary Law Review, 48(2), 397–481.   

Doyle, A. (2006). How not to think about crime in the media. Canadian Journal of Criminology & Criminal Justice, 48, 867–885.

Elsayed, Y. A., Al-Zahrani, M., & Rashad, M. M. (2010). Characteristics of mentally ill offenders from 100 psychiatric court reports. Annals of General Psychiatry, 9, 4. http://doi.org/10.1186/1744-859X-9-4

Fagan, T. J., & Ax, R. K. (2010). Correctional Mental Health: From Theory to Best Practice. SAGE.

Gideon, L. (2013). Special needs offenders in correctional institutions. Thousand Oaks: SAGE.

HRW. (2009). Mental Illness, Human Rights, and US Prisons. Human Rights Watch News. Retrieved from https://www.hrw.org/news/2009/09/22/mental-illness-human-rights-and-us-prisons

Morgan, R. D., Flora, D. B., Kroner, D. G., Mills, J. F., Varghese, F., & Steffan, J. S. (2012). Treating Offenders with Mental Illness: A Research Synthesis. Law and Human Behavior, 36(1), 37–50. http://doi.org/10.1037/h0093964

Peters, R. H., Wexler, H. K., & Lurigio, A. J. (2015). Co-occurring substance use and mental disorders in the criminal justice system: A new frontier of clinical practice and research.Top of Form

Prins, S. J. (2014). The Prevalence of Mental Illnesses in U.S. State Prisons: A Systematic Review. Psychiatric Services (Washington, D.C.), 65(7), 862–872. http://doi.org/10.1176/appi.ps.201300166

Reingle Gonzalez, J. M., & Connell, N. M. (2014). Mental Health of Prisoners: Identifying Barriers to Mental Health Treatment and Medication Continuity. American Journal of Public Health, 104(12), 2328–2333. http://doi.org/10.2105/AJPH.2014.302043