Mental Health Issues and Their Role in Criminal Prosecution

“When faced with a defendant with a mental illness, prosecutors should also look at the relationship between the defendant’s mental condition, whether the defendant was receiving adequate community treatment, and the behavior that led to the arrest”(Thompson,M.).

There “is the need for more dispositional diversion programs for individuals with mental illness who come in contact with the criminal justice system. Pretrial diversion programs have been in existence in many jurisdictions for decades, serving mostly first-time offenders or those charged with minor offenses.  The earliest diversion programs were based on the recognition that the justice process itself could be harmful – in some instances, criminogenic – and that for certain types of defendants, “diverting” them from the traditional process into a rehabilitative program and holding their charge in abeyance would reduce the likelihood of recidivism.  This same recognition surfaces when considering the person with a mental illness who is charged with a crime” (Thompson, M.)

“There are jurisdictions that provide pretrial diversion opportunities specifically for defendants with mental illness” (. When an arresting officer brings a case to the prosecutor’s office, a prosecutor screens the case to determine whether to file criminal charges, and, if so, which charges. The police report, which describes the circumstances that led to the arrest of the individual, might note any overt behaviors that are indicators of mental illness.  (See Policy Statement 5: Incident Documentation)  That report usually is made available to prosecutors very early in the life of the case – sometimes within hours of arrest.  Often, however, prosecutors may have no indication of possible mental health issues when reviewing the arrest information.  The arrestee may not have exhibited symptoms of mental illness at the time of the incident, or the officer may have believed that the person was under the influence of drugs or alcohol.  Without such information, the prosecutor cannot consider special accommodations that the defendant might need to be successful in pretrial diversion or any specialized mental health diversion program that might be appropriate.  Procedures have been implemented in some jurisdictions to gather mental health information for the pretrial diversion decision” (Thompson, M.)

These programs listed above are all said and good but are they really followed within the justice system. I think it is hit and miss. Although the arresting officer should check for a record of mental illness—this is not always the case. I wish the criminal justice system was everything it was suppose to be. Because of corruption within the system itself —many of the inspired theories and laws are not always carried out—like they should be. I have seen this first hand as having worked in the criminal justice system.