American Law and the Mentally Ill
May 11, 2007 by Alicia Sparks, Mental Health Notes
Filed under Diseases & Conditions
According to the Croydon Guardian, 37-year-old Mark Boyce repeatedly stabbed 29-year-old Stephanotis Reid (his ex-girlfriend) in the neck with her two-year-old child, her sister, and her sister’s children as witnesses.
It’s a shocking tale of love gone wrong (alright, it’s merely a newspaper write up) that you can read about online.
Moving along, Boyce was arrested and “indefinitely detained in a secure mental health facility” under the UK’s Mental Health Act of 1983.
I’m not claiming Boyce does or does not have a mental health problem, nor am I claiming that if he does have a mental health problem it was most likely the cause of his vicious attack. I am, however, claiming that the UK judicial and law enforcement systems seem to be much more knowledgeable than the United States when it comes to dealing with people who have mental problems.
Does the United States have a similar mental health policy? I’m actually not sure. I know they have the Mental Health Parity Act, but that deals with group health insurance.
At the same time, Mental health and the law come together often in the US court system, and defendants are sometimes deemed “compentent” or “incompetent” in various legal matters. As far as using insanity as a defense, the state and federal sytems respectively deal with how it is utilized in their courts.
The US also has the Insanity Defense Reform Act passed in 1984, which makes the process of using the insanity defense available, but more thorough.
Given the above, the US judicial and law enforcement systems have devised ways to deal with people who have (or, have not) committed crimes – eventually. But what about immediately? Is there a place where possibly mentally ill defendants can be detained until trial? Not in my neck of the woods. Should there be? My own experiences with the correctional system says yes.
What do you think? Those found guilty of crimes who have also been deemed mentally ill or incompentent are sometimes incarcerated in mental health-related facilities. However, should they be detained in mental health facilities until they stand trial? Should America do more than she already is to properly detain potentially mentally ill individuals?
Let me help you with this: Crime as a social problem has been solved. All of it.
First, let’s exclude off-topic types of crime – politically created crime and factual innocence.
Second, that leaves the cause of all other crime: Crime is caused by mental illness.
The American system is a joke. As a Florida Bar Association certfied criminal law expert, this is not opinion based on some untested theory. After 17+ years, I speak from experience.
When a mother drowns her children because she wants to save them from Hell, or a rambling lunatic shoots 32 people at a US university, it is easy to figure out that these people are mentally ill. When someone has 7 prior charges of driving on a suspended license, one driving under the influence of alcohol conviction and 22 non-criminal traffic infraction, that type of mental illness fly under the radar. In my home state, Florida, that person will be sentenced to about 30 months in state prison. The total cost to the taxpayers will be around $50.00/day.
Welcome to the World’s Dumbest Legal System.
Most every type of crime by recidivist criminals is actually a symptom of mental illness, and the illness is treatable. But here in America, we somehow believe punishment will cure an illness. A system which is perceived as fair yet foolish is preferred over one that is effective.
For more information, see One Stop Therapy for a legal and medical solution.
Respectfully submitted,
Stephen G. Cobb
Florida Bar No. 0835171
http://www.CobbLawFirm.com
The closest thing I know of this in (local county, state, USA) is the placement of a suspect on suicide watch. This involves such humane and compassionate treatment as hosing a subject off, and making them wear ultra-tough (shred resistant) clothing.
Stephen – I agree with you 100%. I’ve always felt that way, just have never been able to word it in such as way that makes sense, as you have. I’m checking out One Stop Therapy right now. Is this your site? Is there an email address specifically I can contact you at?
pn6 – Ah, yes, the humane and compassionate treatment of suicide watch. I’m familar with it. I’ve seen as many as 5 and 6 inmates dressed in the ultra-tough “dresses” in one 8×6 cell. Using the bathroom is interesting, as is “detoxing” from the psych medications their psychiatrists on the streets prescribed them.
More information can be gound on my website, and even more on the Florida Criminal Law Blog:
http://www.cobblawfirm.com