The Criminal Justice System’s Failure to Address Mental IllnessThe criminal justice system in the United States is failing to adequately address the issue of mental illness among its population.
In 2020, an estimated 2 million people with mental illness were incarcerated in local jails and state prisons.
This represents a significant increase from just a few decades ago, when the number of people with mental illness in prison was estimated to be around 350,000.
There are a number of reasons for this increase, including:
The deinstitutionalization of mental health hospitals in the 1960s and 1970s, which led to more people with mental illness living in the community The increasing use of criminalization to respond to mental health problems, such as homelessness and vagrancy The lack of access to affordable mental health careAs a result of these factors, prisons and jails have become de facto mental health institutions.
However, they are ill-equipped to provide the treatment and support that people with mental illness need.
This can lead to a cycle of recidivism, as people with mental illness are more likely to be arrested and incarcerated again after their release.
The failure of the criminal justice system to address mental illness has a number of negative consequences, including:
Increased recidivism rates Higher costs for the criminal justice system Worsening mental health outcomes for people with mental illnessThere are a number of things that can be done to address this issue, including:
Investing in community-based mental health services Reducing the criminalization of mental health problems Providing training for law enforcement officers and other criminal justice personnel on how to interact with people with mental illnessBy taking these steps, we can help to create a more just and effective criminal justice system that meets the needs of all people, including those with mental illness.
A Case Study:
Kendra’s LawIn 1999, New York State enacted Kendra’s Law, which allows courts to order people with serious mental illness to undergo outpatient treatment.
The law was named after Kendra Webdale, a social worker who was killed by a man with schizophrenia in 1999.
Kendra’s Law has been controversial since its inception, with some critics arguing that it violates the rights of people with mental illness.
However, research has shown that the law has been effective in reducing recidivism rates and improving mental health outcomes for people with serious mental illness.
One study, published in the journal JAMA Psychiatry, found that Kendra’s Law was associated with a 63% reduction in the risk of rearrest for people with serious mental illness.
Another study, published in the journal Schizophrenia Bulletin, found that Kendra’s Law was associated with a 50% reduction in the risk of hospitalization for people with serious mental illness.
Kendra’s Law is not a perfect solution to the problem of mental illness in the criminal justice system.
However, it is a promising model that has shown that it is possible to reduce recidivism rates and improve mental health outcomes for people with serious mental illness.

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