The Criminalization of Mental Illness

For a myriad of reasons the criminal justice system has become the de facto mental health system, with the three largest inpatient psychiatric institutions in America being jails—not hospitals. This book explores how and why this is the case. Sensationalized cases often drive criminal justice policies that can sometimes be impulsively enacted and misguided.

While there is a chapter that examines the insanity defense and competency, the primary focus of the book is on the bulk of cases that clog the criminal justice system with persons with mental illnesses (pwmi). Criminal justice practitioners are often ill-equipped for dealing with pwmi in crises, and this may even result in the emergence of mental disabilities for criminal justice professionals. However, via application of therapeutic jurisprudence principles some agencies are better preparing their employees for such encounters and attempting to stop the inhumane and costly recycling of pwmi through the criminal justice system.

Coverage runs the gamut from specialized law enforcement responses, to mental health courts, to jails and prisons, to discharge planning, diversion, re-entry, and outpatient commitment. Also, criminal justice practitioners in their own words provide insight into and examples of the interface between the mental health and criminal justice systems. Throughout the book the balance between maintaining public safety and preserving civil liberties is considered as the state's police power and parens patriae roles are examined. Lastly, collaborative approaches for influencing and informing policies that are often driven by crises are discussed.

     “Notorious criminal cases tend to drive public opinion and policy when it comes to how our criminal justice system deals with persons with mental illnesses. Drs. Slate and Johnson’s book is a far brighter star to steer by.

     By most accounts, including the US Department of Justice, our criminal justice system is in crisis. In The Criminalization of Mental Illness the authors explain how our justice system has failed persons with mental illnesses, the public and its own self-interests. But rather than place blame, the authors focus on illuminating the history and anatomy of the problem and offering real solutions. Because they are based on careful scholarship, their proposals are authoritative and make sense. But it is their informed empathy for all the players involved in the tragedy—not just persons with mental illnesses—that makes this book a must read for anyone involved in the criminal justice system or simply interested in knowing the truth of how it is broken and can be fixed.”

  —Xavier F. Amador, Ph.D., Adjunct Professor, Columbia University, Author of the National Best Seller I am Not Sick, I Don’t Need Help! and I’m Right, You’re Wrong, Now What?

      “The book confronts myths and social/political policy failures directly; and with great honor recognizes those advocates whose work has moved social justice and mental health policy forward. [Their] dedication and passion to the subject of promoting human rights and recovery is evident in every word.  It is a masterful, relevant and inspiring work.”
        —Ginger Lerner-Wren, the nation’s first mental health court judge and member of the President’s Commission on Mental Health

      “[This book] provides extraordinary insights into the manner by which people with mental illness are processed through the criminal justice system....I thoroughly enjoyed this work and would recommend it to anyone who has an interest in issues involving mental illness and the criminal justice system. I have seen a few books in this area, but have never found one quite as comprehensive and well-researched. It is, without exception, one of the best academic books that I have read in many years.”
        —Penn State, Altoona, Professor Robert M. Worley in his book review for The Southwest Journal of Criminal Justice, Fall 2008