The Criminalization of Mental Illness: A Systemic Issue

In the United States, a significant number of individuals with mental illnesses find themselves entangled in the criminal justice system rather than receiving appropriate medical care. This phenomenon, often referred to as the criminalization of mental illness, has led to jails and prisons becoming the nation's largest mental health facilities—a role for which they are neither designed nor equipped.

Overrepresentation in the Criminal Justice System

Individuals with mental illnesses are overrepresented in jails and prisons. According to the National Alliance on Mental Illness (NAMI), approximately 2 million individuals with severe mental illnesses are incarcerated in jails each year. Almost 40% of incarcerated individuals have a background of mental illness, leading to correctional facilities effectively functioning as mental health institutions.

Factors Contributing to Criminalizationof Mental Illness

Several systemic issues contribute to this troubling trend:

  • Deinstitutionalization: The closure of psychiatric hospitals in the mid-20th century aimed to provide community-based care mentally ill people led to many left without access to necessary services, increasing the likelihood of individuals with mental illness encounters with law enforcement during mental health crisis.

  • Inadequate Crisis Response: A lack of robust mental health crisis response infrastructure means that law enforcement officers, often untrained in mental health issues, become the default responders to crises, leading to arrests instead of medical intervention.

  • Stigmatization and Misunderstanding: Societal stigma and misconceptions about mental illness can result in behaviors associated with psychiatric disorders being misinterpreted as criminal acts, further entrenching individuals in the justice system.

Consequences of Incarceration for Individuals with Mental Illness

The incarceration of individuals with mental health conditions has severe repercussions:

  • Lack of Treatment: Correctional facilities often lack adequate mental health services, leading to untreated conditions that can worsen over time.

  • Solitary Confinement: Individuals with mental illnesses are subjected to solitary confinement at disproportionate rates compared to the general prison population, exacerbating their conditions.

  • Cycle of Recidivism: Without proper treatment and support, individuals are more likely to repeat similar incidences with worsen symtoms due to isolation and physical restraint , perpetuating a cycle of incarceration.

Potential Solutions

Addressing the criminalization of mental illness requires comprehensive systemic changes:

  • Investment in Mental Health Services: Expanding access to community-based mental health care can prevent crises that lead to criminal justice involvement.

  • Crisis Intervention Training: Providing law enforcement officers with training to recognize and respond appropriately to mental health crises can reduce unnecessary arrests.

  • Diversion Programs: Implementing mental health courts and other diversion strategies can direct incarcerated individuals toward treatment and rehabilitation.

Further Reading and Resources

For those interested in exploring this issue further, the following resources provide in-depth analyses and personal accounts:

Articles:

  • Criminalization of People with Mental Illness by NAMI

NAMI

  • America's Long-Suffering Mental Health System by Origins

Origins

Videos:

  • Justice Disorder — Mental Health and Incarceration in the United States

    YouTube

  • Mass Incarceration and Mental Illness: Rethinking the Crisis

    YouTube

  • The New Asylums

    YouTube

By acknowledging and addressing the systemic factors that contribute to the criminalization of mental illness, society can move toward a more compassionate and effective approach that prioritizes treatment over incarceration.