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RUNNING HEAD: WHY DONT WE OPEN OUR EYES?

Why Dont We Open Our Eyes?

Karen Cruz

Arizona State University

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Abstract

In this essay, I discuss the criminalization of mental illness. Addressing the background

of the issue and its effects on the individuals convicted and on recidivism rates. Supported by the

opinion of many experts on the field and statistical information from the criminal justice system

and mental health institutions. Providing proper treatment for mentally ill individuals would help

reduce recidivism rated, which is one of the biggest problems in Americas correctional system.

There is empirical data supporting the argument, but somehow there is still no action taken

towards institutionalizing rather than imprisoning offenders suffering from a mental illness.

Steps to reduce this issue have been taken at a small scale, and they have proven to be successful.

With all these information in hand, the only question left is: Why dont we take the necessary

steps towards their rehabilitation and a better society?

Keywords: mental health, recidivism, correctional system

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Why Dont We Open Our Eyes?

I grew up thinking that the world was a just place; that good things happened to good

people, and bad things to those who did wrong. In my eyes, justice was a concrete concept. As I

grew up, this concept started becoming abstract, and I realized it is fairly dependent on

experiences and personal values. I reflected back to my ideal of justice while researching about

the way correctionals deal with mentally ill individuals. It is complex to determine a just

outcome when it comes to dealing with people whom we cannot hold accountable for their acts.

To me, the correctional system is meant to, as its name proposes, correct those going through

the system. When someone violates the law because of chemical or psychological issues, should

we send them to prison? Many say we should, because they need to pay their debt to society.

However, it has been proven to be counterproductive for the individuals as much as it is for

society. The way to go is to institutionalize them, to reduce recidivism and allow them to

reintegrate to society as a productive member. Why dont we open our eyes?

When thinking of mental illness, it is necessary to consider the broad spectrum that it

involves, a mental illness is any condition specified in the DSM. If an individual suffers from a

mental condition, it is only ideal that they seek treatment which should allow them to have

normal life regardless of their illness. It is easy to agree on this; mental treatment should be

provided for those who need it. The debate in this work, however, lies on a much more delicate

spectrum, where a generalized idea of providing mental care for those who need it, becomes

harder to cope with. I believe we should provide mental care for offenders of the law. This has

started many arguments at the dinner table in my home. Not many empathize with a criminal,

especially one that has harmed other citizens, and that is okay. I dont ask for empathy, I ask for

rationality. A wrongful act doesnt need to be forgiven, it just needs to be treated in a way that
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will benefit everyone involved. Criminalizing the acts of mentally ill people fulfils the need for

requital, but not that of correcting offenders and reinstituting them to society.

I look at the news, media, and I see no one talking about it. It is an issue that goes

underwater, when action should be taken upon immediately. Various sources that I will later

discuss in depth, such as the Ted Talk by Wendy Lindley (2013) and the article by Robert Byron

(2014), affirm that more than half of the inmates in US prisons suffer from at least one mental

illness. It is hard to draw the line between punishment and mercy (Ziegler, 2017). Mass media,

sadly, has had a negative impact on the issue. Mental illness is often portrayed as a deliberate

attempt to avoid punishment (Weinberger L. E., Lamb, R. H.,1998). We see insanity plea as an

easy exit that the persecuted use to not be convicted to prison. I see it in my favorite TV shows,

such as Law and Order, and Criminal Minds, I even see it the morning news. However, plead of

insanity is rarely used, compared to what is shown on media (Byron, R., 2014). Looking at real

numbers, we see that most people suffering from a mental illness end up imprisoned, because

The law presumes we are all creatures of free will who behave in ways that are motivated by

rational thought. (Fradella, H., 2017). Assumptions that are incorrect for people with serious

mental illnesses. Sadly, this is not considered in the sentencing process. Additionally, mass

media sensationalizes mental health issues and portrays these individuals as dangerous

(Fradella, H., 2017). We see the media picture mental illness as a causation of violence, and

society, then, tends to push aside the fact that they are real people with real issues who need

help. (Ziegler, S., 2017) and instead, advocate for them to be punished as everyone else does,

with prison time during which they will receive little to no care or support to treat their illness.

Media plays the main role for stigmatizing mentally ill people, but the issue was not

started by communication services. Many attribute the negative stigma surrounding mental
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illness to the Deinstitutionalization movement and to the War on Drugs. I will address both.

Firstly, Deinstitutionalization was a movement in the 1970s where many mental health

institutions closed in hopes of, one, getting people out of the horrendous conditions in asylums

(Fradella, H., 2017), and, two, allowing them to have a normal life as they continued the

antipsychotic medications introduced in the 1960s (Byron, R., 2014). Secondly, the war on

drugs was a political approach to end drug trafficking and reduce drug consumption. Penalties

for these activities were now higher.

Both strategies had a goal that seems to benefit society and the directly related

individuals. However, history has taught us that they were a huge failure. Deinstitutionalization

resulted in mentally ill people receiving no treatment and having no support system (Fradella, H.,

2017). This led them to homelessness, worsening of their illness and guided them to the criminal

justice system. War on drugs, similarly, made the situation harder on individuals suffering from

addiction, which, lets not forget, is a mental illness. Drug dependency started being criminalized

rather than seen as an illness that needs treatment. Non-violent drug addicts were now

imprisoned where they received no rehabilitation. Logically, when released from prison they

couldnt reestablish their lives and were still dependent on drugs. Falling into the vicious circle

of recidivism, often for more serious crimes (Byron, R., 2014).

This issue results in two major problems, the main problem is for the prisoner, the

individuals illness worsens, which leads to the second major problem affecting society as a

whole; locking up people who should be receiving mental care, results in higher rates of

recidivism. This has been proven by many studies which propose a different approach to

offenders who are mentally ill.

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People suffering from a mental disease are in a system that is not prepared or

knowledgeable on how to treat inmates with mental issues. Officers lack comprehension of the

attitudes ill individuals display, and resort to punish them (Weinberger L E., et al., 1998). Dr.

Montross (2016), doctor of the intensive treatment unit of a psychiatric hospital, advocates for

the proper treatment of mentally ill individuals. In her article she contrasts two scenarios with a

similar patient, though in different settings. The patients are Mr. T and Mr. B, they were both

taken into custody. Luckily, Mr. T fell into the hands of trained medical personnel. Mr. B had the

misfortune of being processed through the criminal justice system. When in custody, they

showed symptoms of distress because they felt their lives were threatened. They proceeded to

attack and harm their guardians. The response that those in charge of them had towards these

mentally ill convicts made a difference that impacted the rest of their life. Mr. T was being

treated at a mental institution, and therefore after reacting violently he wasnt punished, he was

treated and given medication. Mr. B, in contrast, was now facing charges for attacking an officer

and punished in solitary confinement. What are the outcomes of these different approaches? Mr.

T kept on taking his medication and was released a couple weeks after, he can now become an

active member of society. Mr. B, on the other hand, is likely to spend a great deal of his life in

prison, and worse, in solitary confinement, which has shown to exacerbate mental illness

(Montross, C., 2016).

Both offenders couldve had the same positive outcome, but not everyone is lucky

enough to receive the care they need. This fictional scenario is backed up by pieces of evidence

that have been gathered from people like me, who are looking for the greatest good for the

greatest number, and who believe in the true purpose a correctional system. In different states,

strategies have been applied to help the mentally ill and reduce recidivism. An example are
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collaborative courts in California. This is a system where every party involved in the criminal

justice system, the offender, officers, lawyers and judges, work together for the best possible

outcome. Mentally ill individuals, then, receive the help they need and have a support system

(Lindley, W., 2013). Another remarkable state working towards decriminalizing mental issues is

Connecticut. Prisoners are being treated by psychologists and officers are trained to deal with

mentally ill inmates.

What are the results of these approaches? Recidivism rates have been lowered

dramatically, in fact Connecticut has gotten rid of the mentally ill category on its recidivism

report, because the numbers are so low (Byron, R., 2014).

I restate the question, why dont we open our eyes? We have seen that the current system

is a failure, then why isnt there a national strategy to change? As Ms. Ziegler (2017) said,

Einstein would say that Arizonas Criminal Justice system is the definition of insanityas we

continue to do to the same thing expecting a different outcome. There is enough empirical

information regarding the success that psychological treatment has on reducing recidivism and

helping offenders establish to society as productive members. Why then, is there no change in

the system?

Many theories are proposed regarding the failure to modify the system to what has been

proven effective. Ms. Lindley (2013), a lawyer and advocate for mentally ill individuals in the

criminal justice system, talks about lack of money for lobbyist and support groups advocating for

a change. I believe that if not enough people are talking about this issue, then it wont be

addressed by legislators. Ms. Ziegler (2017), member and activist of Arizona Justice Project,

addresses the need for retribution society has after someone has done something illegal, but I do

not think the system should be based revenge. Providing mental health is not about compassion,
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but doing what will benefit the majority in the long run. Mr. Byron (2014), attorney in Hartford,

who focuses in criminal appeals and psychiatric advocacy, notices that the cost for psychiatric

care is more than 10 times higher than imprisonment. However, this numbers fail to address the

saving it would have over time. Imprisoning someone means taxpayers will sustain them for

many more years than we would if they were sent to a mental hospital. Considering recidivism

rates, taxpayers will sustain them for most of their life, as most convicted suffering from a

mental illness are likely to reoffend and go back to prison.

These are all powerful reasons, but which side of the debate should outweigh the other?

The criminal justice and correctional system shouldnt be focused on money, or on rendering

retribution. It should focus on rehabilitation and reinstitution. Dr. Fradella (2017) says the reason

why mental illness is criminalized is stupidity. Again, we have a system that doesnt work. We

have a solution that will benefit all parties involved and affected, and we dont do anything about

it. In my eyes, retribution and money fall behind when compared to what can be achieved

through a system modification. Following initiatives like that of California and Connecticut. We

should ask for a change to help them and to help ourselves. To have a safer country, an agile

economy, and even, if compassion is the way to your heart, caring for those who need it. Why

dont we open our eyes?

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References

Byron, R. (2014). Criminals Need Mental Health Care. From

https://www.scientificamerican.com/article/criminals-need-mental-health-care/

Fradella, H., Dr. (2017). Criminalization of Mental Health Issues [E-mail interview].

Lindley, W. (2013). The high price of criminalizing mental illness: Wendy Lindley at

TEDxOrangeCoast. from https://www.youtube.com/watch?v=3WxvUFzrMDc

Montross, C., M.D. (2016). Hard Time or Hospital Treatment? Mental Illness and

the Criminal Justice System NEJM. From

http://www.nejm.org/doi/full/10.1056/NEJMp1606083#t=article

Ziegler, S., (2017). Criminalization of Mental Health Issues [E-mail interview].

Weinberger, L. E., Ph.D., & Lamb, R. H., M.D. (1998). Persons with Severe Mental

Illness in Jails and Prisons: A Review. from

http://ps.psychiatryonline.org/doi/full/10.1176/ps.49.4.483
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