The criminalization of mental illness is a profound issue that has evolved over centuries, intertwining societal perceptions, medical practices, and legal frameworks.
To understand how we criminalized mental illness and made a business that profits from human suffering, we have to look to the past.
In their comprehensive review, “A Brief History of the Criminalization of Mental Illness,” authors Joel A. Dvoskin, James L. Knoll IV, and Mollie Silva do just that, delving into this complex history and shedding light on how individuals with mental illnesses have been mistreated and marginalized in our society.
Historical Perspectives: From Spiritual Afflictions to Moral Treatment
Historically, mental illness was frequently perceived as a manifestation of evil spirits or moral failings. In ancient Greece, societal norms dictated the marginalization of individuals deemed inferior, including those with mental disorders. This perspective persisted through the Middle Ages, where the infamous “Malleus Maleficarum” served as a guide for identifying witches, often targeting women, the disenfranchised, and those exhibiting signs of mental illness.
The Renaissance brought about the concept of “moral treatment,” emphasizing kindness and rational engagement with the mentally ill (a concept I often wonder if we have completely thrown away in today’s era). This approach led to the establishment of asylums designed to provide peaceful environments conducive to recovery. However, these institutions often became overcrowded, and the quality of care varied significantly.
It would set the table for the 19th century rise of Kirkbride asylums and the Kirkbride Plan, and the images people generally think of when they think of a mental institution or asylum.
Deinstitutionalization: A Shift Towards Community-Based Care
The mid-20th century marked a pivotal shift with the deinstitutionalization movement, aiming to transition individuals from asylums to community-based care settings.
While well-intentioned, this movement often lacked the necessary infrastructure and support systems, leading to inadequate care for many individuals with serious mental illnesses.
And in turn, we exchanged the mental institution for a much harsher criminal system. From Asylum to Prison: Deinstitutionalization and the Rise of Mass Incarceration after 1945 by Anne E. Parsons is another great resource on this subject.
The Intersection of Mental Illness and the Criminal Justice System
The shortcomings of deinstitutionalization contributed to an increasing number of individuals with mental illnesses encountering the criminal justice system. Without proper community support, behaviors stemming from untreated mental conditions often led, and still in fact lead, to criminalization, resulting in jails and prisons becoming de facto mental health institutions ill-equipped to provide appropriate care.
Hence the creation of mental health units in jails and prisons; they’re attempting to play catch-up for a communities’ embarrassing lack of mental health resources.
Contemporary Challenges and the Path Forward
Today, the legacy of these historical developments is remains through the overrepresentation of individuals with mental illnesses in correctional facilities.
Addressing this issue requires a multifaceted approach, including:
- Integrated Care Models: Combining mental health care with primary health services to ensure comprehensive treatment, such as Crisis Response or Crisis Intervention Teams.
- Criminal Justice Reforms: Implementing diversion programs and specialized training for law enforcement and community responders to appropriately handle situations involving mental health crises. For example, the Deputy-involved shooting of a Veteran suffering from PTSD in Barry County, Michigan would likely have gone much differently if responding deputies were properly trained in mental health crisis response and deescalation.
In Conclusion
By understanding the historical context and recognizing past shortcomings, society can work towards more humane and effective strategies to support individuals with mental illnesses, reducing their unnecessary entanglement with the criminal justice system.
For a more detailed exploration of this topic, refer to the full article by Dvoskin, Knoll, and Silva.
Additional Reading
- Perez, A., Leifman, S., & Estrada, A. (2003). Reversing the criminalization of mental illness. Crime & Delinquency, 49(1), 62-78.
- Sims, G. L. (2009). The criminalization of mental illness: How theoretical failures create real problems in the criminal justice system. Vand. L. Rev., 62, 1053.
- Slate, R. N., Buffington-Vollum, J. K., & Johnson, W. W. (2013). The criminalization of mental illness: Crisis and opportunity for the justice system. Carolina Academic Press.
- Slate, R. N. (2016). Deinstitutionalization, criminalization of mental illness, and the principle of therapeutic jurisprudence. S. Cal. Interdisc. LJ, 26, 341.
