MOD004987 Reflection: Mental Illness in Criminal Justice System

This reflection paper examines the intricate relationship between mental illness and the criminal justice system, drawing upon a classroom lecture and personal insights. It explores how mental health issues can influence criminal behavior, referencing statistics and studies that highlight the link between psychotic harm and defensive, aggressive actions. The paper delves into the UK's Mental Health Act, outlining key sections like 37, 37/47, and 47, which dictate the treatment of individuals with mental illness within the legal system. It emphasizes the government's efforts to modify the criminal justice system to accommodate people with mental health issues, advocating for societal acceptance and a safe environment for those affected. The author uses secondary sources, including journal articles and websites, to support their reflection and provide a comprehensive understanding of the topic.

Reflection
Based upon how mental illness is treated in the criminal justice system
12/24/2019
University
Student Credentials

Criminal Minds and Mental Illness 1
Reflection
As far as my knowledge relating to the subject of mental illness goes in relation with a
criminal activity, throughout the years I’ve studied this aspect in some or the other way that
crimes take place due to criminal minds of individuals. This lecture provided a new outlook
that was required so as to expanse the knowledge I had and made me look into certain
questions and aspects related to the same. Lecture that was given in the classroom the other
day made me question various scenarios regarding the prospects of studying the
psychological issues an individual mind goes through that influences that individual to
commit a crime.
There are widespread statistics that show that people who face major psychotic harm to their
brains tend to get defensive very fast and try to protect themselves hence, resulting in the
damage to another or in legal terms, a criminal act being committed on the other. Though all
these acts are caused during an unconscious state or without proper awareness, but sometimes
it might lead to a specific harm. When the data of many of these researches was compiled, it
leads to just one conclusion, that issues with behavioural and mood regulation ultimately
directs to an impulsive and aggressive behaviour1. As per the study conducted in the United
Kingdom, it was found that patients suffering from mental illness such as acute psychosis
were prone to activities as such where their anger led to a criminal activity. In these cases, the
criminal or the alleged person was incapable of controlling their actions while angry despite
knowing the fact that it might lead to a serious harm to the other. In scenarios where these
individuals deem to believe that people are going to harm them they tend to take action in the
most irrational or violent way which ultimately leads to a violent activity2.
1 Jeffrey W. Swanson and others, 'Mental Illness And Reduction Of Gun Violence And Suicide: Bringing
Epidemiologic Research To Policy' (2015) 25 Annals of Epidemiology.
2 Justice, 'People With Mental Illness And Learning Disabilities Let Down By Criminal Justice System - JUSTICE'
(JUSTICE, 2019) <https://justice.org.uk/people-mental-illness-learning-disabilities-let-criminal-justice-system/>
accessed 24 December 2019.

Criminal Minds and Mental Illness 2
Various steps have been taken by the government so as to modify the criminal justice system
with a thought to facilitate the justice procedure where the people facing mental illness are
concerned3. Some basic sections of Mental Health Act of UK, that I have learnt about which
need to be considered when dealing with a person with mental illness are:
1. The Section 37 that specifies that the individual shall be sent to a hospital instead of a
prison when facing a mental issue while committing a crime.
2. The section 37/47 is applied when the court deems fit to send the person with mental
disorder to a hospital instead of a jail when it thinks that particular individual is the
threat to normal people or the society.
3. The court has the power to send a person going through a prison time to a hospital for
treatment under the section 47.
4. A particular section, which is the section 47 along with section 49 shall be applied to
transfer the individual from the prison to hospital with a list of restrictions if
necessary4.
These are just a few examples of the sections that can be implied on a person suffering
mental illness. This lecture taught me the real deal behind the society’s pressure which causes
people who commit crime out of their mental illness. In general, the society needs to accept
such people and provide a safe environment where even people with mental illness do not
hide and accept their flaws and over -come them.
3 Max Hill, QC, 'Criminal Justice Needs To Catch Up On Issues Of Mental Health' The Telegraph (2019)
<https://www.telegraph.co.uk/news/2019/10/13/criminal-justice-needs-catch-issues-mental-health/>
accessed 24 December 2019.
4 Mind.org.uk, 'Courts And Mental Health | Mind, The Mental Health Charity - Help For Mental Health
Problems' (Mind.org.uk, 2019) <https://www.mind.org.uk/information-support/legal-rights/courts-and-
mental-health/#.XgIUSkczbIU> accessed 24 December 2019.

Criminal Minds and Mental Illness 3
Bibliography
Secondary Sources
Journal
Swanson J and others, 'Mental Illness And Reduction Of Gun Violence And Suicide:
Bringing Epidemiologic Research To Policy' (2015) 25 Annals of Epidemiology

Criminal Minds and Mental Illness 4
Websites
Hill, QC M, 'Criminal Justice Needs To Catch Up On Issues Of Mental Health' The
Telegraph (2019) <https://www.telegraph.co.uk/news/2019/10/13/criminal-justice-needs-
catch-issues-mental-health/> accessed 24 December 2019
Justice, 'People With Mental Illness And Learning Disabilities Let Down By Criminal Justice
System - JUSTICE' (JUSTICE, 2019) <https://justice.org.uk/people-mental-illness-learning-
disabilities-let-criminal-justice-system/> accessed 24 December 2019
Mind.org.uk, 'Courts And Mental Health | Mind, The Mental Health Charity - Help For
Mental Health Problems' (Mind.org.uk, 2019) <https://www.mind.org.uk/information-
support/legal-rights/courts-and-mental-health/#.XgIUSkczbIU> accessed 24 December 2019