Deinstitutionalization What are the services provided by mental health courts

Deinstitutionalization

Student:

Institution:

Deinstitutionalization

What are the services provided by mental health courts?

Mental health courts are classified along other problem solving courts. Mental health courts are intentioned at deinstitutionalization of the criminal justice system. There are a variety of services that are offered by these courts, they include;

Crisis intervention: this is a judicial process which involves activities aimed at helping the convicted persons to regain their bio-psychological stability. The courts develop individualized programs depending on the assessment done on the persons sentenced under the court. The aim of crisis intervention is to ensure that the convicted person is able to relate properly with the society and that his interpersonal skills can be improved (Berman, & John, 2005).

Probation: the probation process includes supervision of an individual’s character by a court officer in order to ensure that he attains the conditions that have been set to him by the court. A court can extend the probation from a jail term and can also subject a convict to probation without a jail term.

Mental health courts sentence an individual’s to a probation expecting them to behave like other normal persons (especially) during the probation period. Also, the courts may subject a convict to probation giving him strict orders not to cause any harm on the persons and/or property near him (Redlich, Allison D. et al. 2005).

Parole case loads: parole is closely antagonized with probation. The main difference is that in probation, the courts set out the conditions that the convicted persons have to fulfill during the time of probation. On the other hand, a parole is a situation where the courts release a convict after proclaiming that he will fulfill some conditions which lead to his release (Sarah, and Darius, 2012).

Mental health courts allow for persons with psychiatric problems to declare that they will fulfill the conditions before releasing them. The courts must justify that the convict is fully aware of the repercussions of the declaration and that the convict makes such declarations without being coerced (Council of State Governments 2005).

How do these services benefit the prisoners?

The deinstitutionalization carried out by the mental health courts is beneficial to the prisoners in different ways.

Freedom of movement: prisoners who are deinstitutionalized by the mental health courts are able to gain their freedom of movement. While this may be limited movement (sometimes the courts may withhold international transport documents), the movements made by the prisoners is less confined than the movements of prisoners within the prison walls (Berman, & John, 2005).

Freedom of interaction: deinstitutionalized person have more liberty to interact with the outside society. The interaction is important in building the career and other life skills of the prisoner. The prisoners are also able to re-enter the society earlier than in other normal courts (Sarah, and Darius, 2012).

Bio-psychology therapy: as noted above, the courts enroll the convicts into bio-psychology therapy which is designed with an aim of managing their psychiatric position. Success of this process is a considering factor in whether the society will be able to have confidence on the convict again. The therapy also ensures that the person can regain his normal legal status including ability to own property, right to sue and be sued among other legal status. For persons who were earlier not able to start their own families, a successful therapy will give them this chance (Sarah, and Darius, 2012).

How do these compare to the services already available through the existing criminal justice system?

Rehabilitation of character versus rehabilitation of psychiatric condition

The developments in criminal justice system have been insisting on the rehabilitation of character. Thus, a person who has been in custody is expected to re-enter the society as a clean person who is ready for responsible citizenship. On the other hand, persons who undergo bio-psycho therapy is expected to regain his psychological stability as well as regaining good morals that are paramount in the re-entering of the prisoners into the society once they have completed their prison terms (Goldkamp, and Cheryl 2000).

Mental health courts versus other problem solving courts

Mental health’s courts are having the mandate of ensuring that crime which is committed by persons who have psychiatric problems have been minimized. As explained through the paper, the officers must exercise their duty bearing in their mind that the convicts do not have stable mental condition. However, other problem solving courts carry out their duties without minding about the mental stability of the convicts (Council of State Governments 2005).

Institutionalized vs. deinstitutionalized sentences

The normal criminal justice system has options for both institutionalized and deinstitutionalized sentences for convicts. Institutionalized sentences are situations where the convicts have to serve their term within the confines of prison walls. On the other hand, mental health courts are overly deinstitutionalized system where the convicts are sentenced to community service and other sentences that do not include prison terms (Berman, & John, 2005).

Do the research findings support the establishment of more mental health service programs to imprisoned mentally ill populations?

According to research findings in Council of State Governments Justice Center’s article, mental health courts have proven to reduce the tension on convicts who are already prisoners of their own actions. The report contends that there has been a challenge of finding parole in these cases since the level of understanding among the convicts is low (Council of State Governments 2005). Judge Goodman of Indiana who has been championing deinstitutionalization of criminal cases against mentally challenged persons argues that, the PAIR program which was initiated in 1990’s was key to identifying ways to help individual convicts (Sarah, and Darius, 2012).

Bureau of Justice Assistance has indicated that the 120 courts which it oversees are able to come up with solutions faster since the judges are aware of the mental conditions of the convicts are specially trained in dealing with the case. The judges are more empowered in basing their judgment on the report of the psychological officer dealing with the case (Council of State Governments 2005).

What can be done to improve these services further?

One of the key issues that will help the success of this deinstitutionalized system is staffing. The system requires personalized programs and attention in each case. This can only be achieved by ensuring that there are enough people on the ground to develop the programs and monitor the movements of persons in probation and/ or parole (Goldkamp, and Cheryl 2000). In increasing the size of staff, the responsible authorities should consider qualified [persons in psychology and criminology. A balance between these two key professionalisms that are required will help in attaining the two main objectives of the system;

Rehabilitating the character of the convicts

Rehabilitating the mental condition of the convicts (Berman, & John, 2005)

References

Berman, Greg; John Feinblatt (2005). Good Courts: The Case for Problem-Solving Justice. New York, New York: The New Press

Council of State Governments (2005). A Guide to Mental Health Court Design and Implementation. New York, NY: Council of State Governments, 2005.

Goldkamp, John S. and Cheryl Irons-Guynn (2000). Bureau of Justice Assistance. Emerging Judicial Strategies For the Mentally Ill in the Criminal Caseload: Mental Health Courts in Fort Lauderdale, Seattle, San Bernardino, and Anchorage. Washington, D.C.: U.S. Department of Justice

Redlich, Allison D. et al. (2005). The Second Generation of Mental Health Courts. Psychology, Public Policy, and Law. 2005 Dec Vol 11(4)

Sarah, R. and Darius, W. (2012). ‘Diversion of Offenders with Mental Disorders: Mental Health Courts’ 1 Web Journal of Current Legal Issues