This article is written by Ananya Shri Singh of 5th semester of BALLB, an intern under Legal Vidhiya
ABSTRACT
The mental illnesses involve a multitude of problems that may include bipolar disorder or severe depression, and this a known fact that in the legal criminal justice system these groups are not proportionately represented and unfortunately the criminal justice system also treat such people unjustly as in they are more vulnerable to blames of acting in such a violent manner which is considered a crime. Unfortunately, it is important to mention at the first hand that the mentally retarded people are more likely to be victims rather than the perpetrator. It is important that we disassociate people with mental disorder and streamline them into the institutions that take care of their mental health instead of treating them like the general offenders. This linkage between the people with mental disorder and criminality has been in the picture due to mass shooting cases that have been in news in United states in recent past. However, many positive developments can also be seen as the media outlets published such cases ill happening in the recent past. Therefore, the known belief that people with mental illness is more subjected to such violent act or are responsible for such aggression needs to be eliminated and in light of the same the author has intended to display the treatment that are inflicted upon such people in various countries along with the similarities and dissimilarities that shown or intend to show.
Keywords- Criminal Justice, mental illnesses, mass shootings, crime, mental health treatment.
INTRODUCTION
Mental Disorder can affect the behaviour of an individual. However, it is important that we don’t not associate such people with criminal acts or any other activity of criminal nature. The connection that is usually settled between the violent acts and the people with mental illness needs to be addressed and is required to be changed.[1]
There is a possibility that a person with mental illness may commit the act of aggression but also there is no denying a fact that all criminals are not mentally retarded people or people with mental disorder are not criminals. Only 5% to 10% mental retarded people contribute to the criminal activity.
CONCEPT OF THE PROBLEM AND THE MEANING
In various manner the concept of the mental illness not only includes one aspect but various streams, the term violence cannot be assigned one particular definition, however World health organisation defines the term violence as the activities that disrupt the harmonious construction of the societal fabric that results either an individual or majority of the person at large, which may affect the growth of an individual or result in the bodily or mental injury. This definition indicated the fact that violence term is attributed to health rather than the behavioural aspect of an individual
NESARC (National Epidemiologic Survey on Alcohol and Related Conditions) data has confirmed that mentally retarded are more vulnerable to be suspected of the criminal activity and has stated that such nature of these depends on the past experience in their past for instance the person subjected to a lot of neglect will more possibly indulge in activities that are unpleasant to even think of and that past experience effects their mental health to a great extent.
ISSUE OF CONCERN
The concern that needs to be addressed is the handing of such psychiatric patients with a lot of care but instead the police treat them like the prisoners and sends them to jail even for petty offences committed by them. In place of them a perfect institution must be established to cater to the needs of these people and further the focus must be on there overall development and channelising their behaviour into the mainstream so that they can come back to normalcy.[2]
1960s was the era where many such institution which took care of such people were shut down and the only option left was that they had to come to the streets. In turn what happened they were more often sent to the jails like the general offenders and had to move around the courts for justice. The courts even lack of proper training and assessment strategies to separate these mentally retarded people from the normal ones this is turn affect their mental health and it further deteriorates their condition which makes vulnerable to such criminal activities.[3]
MENTAL ILLNESS AND CRIME WITH RESPECT TO INDIAN REGIME.
The criminal justice system in India also does not recognise the mental illness of a person and treats them in the same way as the offenders are treated. The study by NCBI has found that substance abuse also plays a crucial role in deciding the behaviour, the use of intoxication plays a role in determining the activities of individua therefore people with mental disorder are at a higher risk of committing such activities of criminal nature.[4]
In order to stop such happening the mentally retarded people must be given proper and required treatment so that their behavioural aspect which is not normal cannot be used where it should not be used. Few of the studies also suggest that mental treatment for continuous 90 days can eliminate the room for ten years of imprisonment, [5]therefore eventually we can come to the conclusion that mental health of an individual must be given the priority then only the vulnerable section of people effected by mental illness may not be misused to commit an offence.
MENTAL HEALTH, CRIME AND CANADA
Mental, social and overall well-being of an individual is an important subject that is addressed at large in Canada. The studies in Canada have suggested varied aspects one way there was a connection between the mental illness of an individual and the crime, whereas the next way there is hardly any linkage between the two terms.
According to Canadian Community Health Survey mental health and substance use disorders are more likely to be seen in younger Canadians. This crime records and the issue can most effectively be resolved when proper mental health care facilities can be provided to the people so affected.[6]
MENTAL HEALTH, CRIME AND UNITED STATES OF AMERICA
Maximum diversion of persons with serious mental illness from the criminal justice system is crucial in reducing the financial, health, and human costs of involvement and incarceration. This means creating community-based, engaging services for those who need them and engaging all involved, particularly law enforcement, to understand mental health conditions, de-escalation tools for crisis situations, and options for treatment alternatives to incarceration that are available in the community
According to the Washington post around 25% of the encounters[7] done by the police are that of the mental retarded people. Since untreated mental illness is common among low socioeconomic status therefore, they are more likely to be charged of committing criminal activities. Also, the above picture shows that only 4% of violence can be associated with such mental illness. The scenes after the horrific incident of mass shootings suggest that people with severe mental illness are more often a victim of the criminal activity rather than perpetrator of crime.
NETHERLANDS, CRIME AND MENTAL DISORDER
Unlike other countries we do have certain countries where the mentally ill people are not just put in the same sack like other offenders instead, they are given proper treatment. It does not make sense to punish addicts, as punishment is not going to help them get rid of their addiction. An intellectual disability can also cause someone to be insufficiently accountable for a crime. And someone who is completely insane is not legally guilty. In such a case, the judge will only impose a hospital order and not a prison sentence.[8]
PAKISTAN AND THE CRIME WITH RESPECT TO MENTALLY RETARDED PEOPLE
Pakistan has a total population of 200 million and out of this 20 million people are suffering from Mental disorder or illnesses, hardly there is any cure that is given to them, there is lack of healthcare facilities available to them.[9]
Facilities must be provided to such person and deliberate measures must be taken to ensure that no such person should be executed in the normal way. Proper training and monitoring of such people is required and also such institutions must be established that recognise such behaviour of an individual.
JAPAN STATUS
The all-new era -under which a person who is charged of a serious criminal offence in a state of unconscious mind or lack of responsibility shall be referred by the prosecutor to the District Court-aims to provide intensive psychiatric treatment to offenders with mental disorders,[10] attaching great importance to their uniting into society.
CONCLUSION
If we see from the public or general perspective the relationship that is usually linked with the mental illness and violent act is very much prevalent in the society. The need of the hour is that we recognise such disorders and as such steps must be taken to include such people into the mainstream, as stated earlier after proper training and monitoring of such person.
Proper approach of such concern would be to establish such institutions which would treat such people with a lot of care. Public efforts must be made to ensure that such people no such discrimination is meted out to such people suffering mental illness or related disorders. Also, the role of medication plays a very crucial role and as such proper healthcare system.
[1] https://www.oxfordbibliographies.com
[2] https://www.sciencedirect.com
[4] https://www.ncbi.nlm.nih.gov
[5] https://legalserviceindia.com
[8] https://www.theguardian.com
[10] https://www.thelancet.com
