I sent this to 82 Arizona Legislators asking for their help in looking at the laws on the books ~~
It should be obvious by now that the schemes invented in the past regarding the preventive detention and incarceration of the mentally ill persons has been a failure. The question posed is “what should the law do about the severely mentally ill and their growing numbers inside our prisons? I suppose the first question that must be posed is "are the mentally ill persons deserving or justified being put in jails or prisons because they are different. The second question posed would be to define different and eliminate them from those who are “normal”.
Can we justify because they are different whether or not they are suitable for, or even deserving of punitive attitudes or should their illness allow them some leniency and offer them treatment rather than incarceration. I suppose we can qualify that statement with the offenses committed and go from there. Having a mental illness does not make a psychopath. In fact, evidence suggests with medical attention and treatment, a mentally ill person just becomes another individual with a special need and able to demonstrate good coping and functioning skills creating a “normal” picture but in reality he or she remains to be a person with disabilities. Is there evidence to illustrate those persons with high dissocial personalities are injurious or pose a disease to society?
Taking the case of a person with schizophrenia we know that their coping and functionality is well maintained when medicated but when the interference or psychosis develops for reasons such as lack of treatment / intervention or compliance with medication, it results in a rapid and unpredictable deterioration of the individual’s level of mental functioning with implied significant changes. So is there an agreement that persons described to be mentally ill are disturbed individuals who commit crimes and other anti-social behaviors when off their medication and lacking intervention for their disabilities? Does this make them psychopaths or “normal” when medicated and coping? How should the law look at this and what choices are there within the law to determine how to handle such cases under the rules of the police and the courts?
In the end, we can determine that a person with such a disability is a disturbed personality who is capable of committing violent or anti social acts? If so, then we must consider them to be “evil” and wrongdoers as many are called these days. Thus the stigma that there is such a thing as malevolence inside these kind of people; people who are mentally sick and considered to be “mad and bad” with crime as the ultimate outcome of such a personality. So how can we respond to them and treat them with fairness and justice as the law has been designed. How do we make them equal and give them the opportunities to remain out of jails, prisons and avoid incarcerating them as their risk to commit a crime or anti social act is so high? How can such a person be governed by law and what considerations should we give them?
The bottom line appears to be simple as we all agree that people who are concerned that the laws of human dignity and liberty should be governed by a sound moral framework we know that our conscious thinking and decision making comes from the brain. Now, with personality defects included, we must determine if those who experience personality & severe mental disorders must also be held at the same level of accountability or standard of making wise or good choices in their lives. Is this fair? Can we judge someone’ actions based on not having the same mental capabilities as “normal” people? Yes, they have the freedom of autonomy and the ability to make their own decisions but when their brain is out of balance, are their choices acceptable or criminal? If medical intervention is inappropriate how tolerant should society be of violence, and individuals who without their prescribed medication, appear to have an inclination to behave violent?
There is a need for better laws regarding the disposition regarding rule for the mentally ill. There must be change in the perception, the treatment and the sentencing of persons who suffer a brain disability and do not have the same mental capability as others. Do we cure them against their will or punish them and imprison them? The questions are many but the fact remains, we need to continue to work on changing the way we treat our mentally ill persons and their relationship with the law. We need to avoid such misunderstandings of law and punishment for the mentally ill balancing the criminal proceedings between guilty or guilty by insanity. We must ensure that the public remains safe while avoiding misunderstandings between individuals who are mentally ill and not punish them beyond natural limits that would harm them rather than offer them their humanity and dignity at the least.
Such decisions are left to legislators and the legislator must be a good kind hearted individual who values individual freedoms and at the same time, realizes that such treatment to help the mentally ill although a sacrifice to many is very expensive and exceeds the costs of government’s willingness to provide today. The value attached to humans has been determined by one’s financial cost of the matter and not the value of life itself.
Sincerely submitted,
Carl ToersBijns
It should be obvious by now that the schemes invented in the past regarding the preventive detention and incarceration of the mentally ill persons has been a failure. The question posed is “what should the law do about the severely mentally ill and their growing numbers inside our prisons? I suppose the first question that must be posed is "are the mentally ill persons deserving or justified being put in jails or prisons because they are different. The second question posed would be to define different and eliminate them from those who are “normal”.
Can we justify because they are different whether or not they are suitable for, or even deserving of punitive attitudes or should their illness allow them some leniency and offer them treatment rather than incarceration. I suppose we can qualify that statement with the offenses committed and go from there. Having a mental illness does not make a psychopath. In fact, evidence suggests with medical attention and treatment, a mentally ill person just becomes another individual with a special need and able to demonstrate good coping and functioning skills creating a “normal” picture but in reality he or she remains to be a person with disabilities. Is there evidence to illustrate those persons with high dissocial personalities are injurious or pose a disease to society?
Taking the case of a person with schizophrenia we know that their coping and functionality is well maintained when medicated but when the interference or psychosis develops for reasons such as lack of treatment / intervention or compliance with medication, it results in a rapid and unpredictable deterioration of the individual’s level of mental functioning with implied significant changes. So is there an agreement that persons described to be mentally ill are disturbed individuals who commit crimes and other anti-social behaviors when off their medication and lacking intervention for their disabilities? Does this make them psychopaths or “normal” when medicated and coping? How should the law look at this and what choices are there within the law to determine how to handle such cases under the rules of the police and the courts?
In the end, we can determine that a person with such a disability is a disturbed personality who is capable of committing violent or anti social acts? If so, then we must consider them to be “evil” and wrongdoers as many are called these days. Thus the stigma that there is such a thing as malevolence inside these kind of people; people who are mentally sick and considered to be “mad and bad” with crime as the ultimate outcome of such a personality. So how can we respond to them and treat them with fairness and justice as the law has been designed. How do we make them equal and give them the opportunities to remain out of jails, prisons and avoid incarcerating them as their risk to commit a crime or anti social act is so high? How can such a person be governed by law and what considerations should we give them?
The bottom line appears to be simple as we all agree that people who are concerned that the laws of human dignity and liberty should be governed by a sound moral framework we know that our conscious thinking and decision making comes from the brain. Now, with personality defects included, we must determine if those who experience personality & severe mental disorders must also be held at the same level of accountability or standard of making wise or good choices in their lives. Is this fair? Can we judge someone’ actions based on not having the same mental capabilities as “normal” people? Yes, they have the freedom of autonomy and the ability to make their own decisions but when their brain is out of balance, are their choices acceptable or criminal? If medical intervention is inappropriate how tolerant should society be of violence, and individuals who without their prescribed medication, appear to have an inclination to behave violent?
There is a need for better laws regarding the disposition regarding rule for the mentally ill. There must be change in the perception, the treatment and the sentencing of persons who suffer a brain disability and do not have the same mental capability as others. Do we cure them against their will or punish them and imprison them? The questions are many but the fact remains, we need to continue to work on changing the way we treat our mentally ill persons and their relationship with the law. We need to avoid such misunderstandings of law and punishment for the mentally ill balancing the criminal proceedings between guilty or guilty by insanity. We must ensure that the public remains safe while avoiding misunderstandings between individuals who are mentally ill and not punish them beyond natural limits that would harm them rather than offer them their humanity and dignity at the least.
Such decisions are left to legislators and the legislator must be a good kind hearted individual who values individual freedoms and at the same time, realizes that such treatment to help the mentally ill although a sacrifice to many is very expensive and exceeds the costs of government’s willingness to provide today. The value attached to humans has been determined by one’s financial cost of the matter and not the value of life itself.
Sincerely submitted,
Carl ToersBijns
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