EXPLORING THE INTERSECTION OF MENTAL ILLNESS AND CRIMINALITY BY: NEERJA & VAIBHAV DIXIT
EXPLORING THE INTERSECTION OF MENTAL
ILLNESS AND CRIMINALITY
AUTHORED BY: NEERJA &
VAIBHAV DIXIT
INTRODUCTION
The link between psychological disorders and criminal behaviour is a
complicated and nuanced topic that
has sparked considerable research and controversy. While mental disorders and
criminal behaviour may appear to be unrelated concerns, a growing body of data suggests that those
with mental illnesses are more prone to participate
in criminal behaviour.
Mental illness
encompasses a wide spectrum of illnesses that impact a person's thoughts, emotions, and behaviour.
Criminal behaviour, on the other hand, refers to behaviours that break the law and have the potential to cause harm to others. While not all people with mental illnesses
commit crimes, there is evidence that some people with specific forms of mental illnesses may be more prone to
violence and criminal behaviours.
Understanding the link between mental illness and criminal behaviour is critical for establishing effective
prevention and intervention techniques. However, this issue is loaded with difficulties and inherent prejudices.
Mental disease diagnosis and
assessment can be challenging, as well as stigmatised and discriminated
against. Furthermore, people with
mental illnesses may be stigmatised and penalised harsher for criminal behaviour, even if their mental condition is unrelated to their
acts.
The purpose of this paper is to examine the current literature on the association between
mental illness and criminal behaviour
and to discuss the difficulties in researching this
complicated problem. By investigating the studies on the incidence of mental disease among persons in the
criminal justice system, the possible association between certain forms
of mental illness can be discovered.
In addition, we will look at the difficulties in diagnosing and assessing
mental illness, as well as the
possibility of stigma and bias against people with mental illnesses in the criminal justice system. Finally,
we will look at approaches to dealing with mental
illness and criminal behaviour, such as early intervention and treatment,
diversion programmes, and community-based mental health services.
The incidence of mental illness among those involved in the criminal
justice system is a major source of
worry and curiosity. Individuals in the criminal justice system are more likely to have a mental disorder
than the general
population, according to research.
According to a comprehensive assessment of 62 surveys, the frequency of
major mental problems among inmates
is three to four times greater than in the general population (Fazel & Danesh, 2002). Similarly, a 2006
research in the United States discovered
that 64% of jail inmates, 54% of state prisoners, and 45% of federal convicts
had a mental health condition (James & Glaze).[ Fazel, S., and J. Danesh, 2002. A thorough examination of 62 surveys
found serious mental illness among 23,000
convicts. 545-550 in The Lancet, 359(9306). D. J. James and L. E. Glaze (2006). Prison and jail prisoners have
mental health issues. Bureau of Justice Statistics, US Department of Justice, Office of Justice
Programmes. C. J. Mumola (1999). Parents
who are incarcerated and their children. Office of Justice
Programmes, Bureau of Justice Statistics, United States Department of Justice.
Substance use disorders
are among the most common forms of mental illnesses
among jailed people. According to Mumola (1999), a survey of state
inmates in the United States
indicated that 53% of male convicts and 64% of female prisoners satisfied
the diagnostic criteria
for a drug use problem.
The high frequency of mental illness among criminal justice
system inmates is alarming
for various reasons. First, those suffering from mental illnesses may not obtain the necessary care and assistance
while detained. Second, untreated mental illness
can result in recidivism and a revolving door in the criminal justice system. Finally, criminalizing mental illness can
lead to stigma and prejudice against people who suffer
from it.
Efforts to address the high incidence of mental illness among people in
the criminal justice system include
mental health screening and evaluation, as well as the creation of specialised mental health courts and
diversion programmes. These programmes seek to identify people suffering from mental illnesses
and connect them to appropriate treatment and support
resources. We can enhance results
for both individuals and society as a whole by addressing
the underlying mental health needs of those in
the criminal justice system.
TYPES
OF MENTAL TYPES OF MENTAL ILLNESS AND THEIR
POTENTIAL RELATIONSHIP TO CRIMINAL BEHAVIOUR
Various types of mental illness have been associated with criminal
behavior, although the relationship
between mental illness and crime is complex and not fully understood. The following are three types of mental illness that have been studied for their potential
link to criminal behavior:
A.
Psychotic disorders
Symptoms of psychotic illnesses, such as schizophrenia and schizoaffective disorder, include delusions
and hallucinations. Individuals with psychotic illnesses
have a slightly higher chance of participating in criminal behaviour, particularly violent offences,
according to research (Swanson et al., 2008).
It is thought that the symptoms of psychotic diseases might impair an
individual's capacity to make logical
decisions and regulate their urges, increasing the chance of criminal
behaviour.
B.
Mood disorders Mood
disorders, such as depression and bipolar disorder, are characterized by changes in mood and energy levels. While
individuals with mood disorders are
not necessarily more likely to engage in criminal behavior, they may be at a higher risk of committing suicide or
self-harm while in custody (Blaauw et al., 2015).
Additionally, individuals with untreated mood disorders may turn to substance abuse as a means of self-medicating, which
can increase their risk of engaging in criminal behavior.
C.
Personality disorders : Personality disorders, such as
antisocial personality disorder and borderline personality disorder, are characterized by persistent patterns
of behavior and thought that
deviate from cultural norms. Individuals with personality disorders have been found to be at a
higher risk of engaging in criminal behavior,
particularly non-violent offenses such as theft and fraud (Coid et al.,
2006). It is believed that
individuals with personality disorders may have difficulty conforming to societal norms and may be more likely to engage in impulsive and reckless behavior.
It
is crucial to stress that not all people with certain sorts of mental illnesses
commit crimes, and that many people
who do commit crimes do not have a recognised mental condition. Furthermore, issues such as drug misuse, poverty, and
early trauma may all play a role in criminal behaviour.
More study is required to better understand the complicated interaction between mental
illness and criminal behaviour, as well as to create effective prevention and intervention techniques. We may be able to
lower the likelihood of criminal behaviour
among persons with mental illness by addressing the underlying mental
health needs of individuals and providing
appropriate treatment and support services.
The relationship between mental illness and criminal behaviour is
complicated and diverse, and previous
research has found various contributing elements. Some of the important elements that may contribute to
the relationship between mental illness and criminal behaviour are as follows:
Substance addiction is a prevalent co-occurring condition among people
with mental illnesses, and it has
been related to an increased risk of criminal behaviour (Fazel et al., 2009). Substance
misuse may impair judgement, increase
impulsivity, and lead to a wide
range of criminal behaviours such as theft, assault, and drug-related offences.
b. Poverty: Poverty has been
associated with an increased risk of mental illness as well as criminal behaviour (Baldry et al., 2003). Poverty
exposes people to a number of
stresses and bad life experiences, such as a lack of resources and social
support, which can contribute to the
development of mental illness and raise the likelihood of criminal
behaviour.
c. Childhood trauma: Physical, sexual, or emotional abuse as a child has
been related to an elevated risk of
mental illness and criminal behaviour (Silver et al., 2011). Childhood trauma can have long-term
repercussions on a person's mental health and
raise the chance of acquiring disorders such as post-traumatic stress
disorder (PTSD), depression, and anxiety, all of which can
lead to criminal behaviour.
Lack of access to mental health treatment: A significant difficulty for
many people with mental illnesses,
particularly those living in low-income neighbourhood (Kisely et al.2015), is a lack of access to mental
health care. Individuals with mental illnesses
may be more inclined to engage
in criminal behaviour as a method of coping with their symptoms
if they do not have access to adequate treatment and support
services.
CHALLENGES IN DEFINING AND
MEASURING MENTAL ILLNESS
Methods for dealing
with mental illness
and criminal behaviour Early intervention and therapy Community-based mental health services Mental health courts Combating mental illness and criminal behaviour
necessitates a multidimensional strategy that includes
both individual and societal initiatives. The following are some of the most important ways for
dealing with mental illness and criminal behaviour:
a.
Prevention and early intervention: Early intervention and treatment for mental illnesses can assist keep people out of
the criminal justice system. Early detection and treatment of mental illness can help people manage their
symptoms and lower their chances of engaging in criminal behaviour. Interventions such as psychotherapy, medication, and support services
may be included.
b.
Diversion programmes: Diversion programmes seek to
steer people suffering from mental
illnesses away from the criminal justice system and into appropriate treatment and support services.
Pretrial diversion programmes, which allow individuals to obtain treatment
and support before to trial, and post-conviction diversion programmes, which provide treatment
and support as an alternative to jail, are examples of these programmes.
c.
Mental health courts: Mental health courts are
specialised courts that serve the requirements
of people with mental illnesses in the criminal justice system. These courts often entail collaboration between
the criminal justice system, mental health practitioners, and other stakeholders in order to offer appropriate treatment and support
services to those suffering
from mental illnesses.
d.
Community-based mental health services strive to offer persons with mental illnesses with the help and tools they
require to manage their symptoms and avoid contact
with the criminal justice system. Community mental health centres, crisis intervention teams, and peer support programmes are examples of such services.
We can enhance outcomes for people with mental illnesses
and lower the likelihood of criminal behaviour by using these
techniques. Addressing the underlying mental
health needs of people in the criminal justice system can also assist
reduce recidivism and improve
public safety.
IN CONTEXT
OF INDIA
In
India, the link between mental illness and criminal behaviour is complicated
and diverse, and there are various problems
that make completely understanding the degree of this association challenging.
One of the major issues is a paucity of statistics on the incidence of mental illness among people in India's
criminal justice system. While some research indicate
that the frequency
of mental illness among Indian convicts is greater
than the general population, the precise
prevalence is unknown.
Furthermore,
there is a huge stigma associated with mental illness in India, making it difficult for individuals to seek therapy
and assistance. This stigma can also influence
how healthcare practitioners view and diagnose mental illness,
potentially leading to underdiagnosis or misinterpretation
of specific groups.
Poverty and a lack of
mental health treatment are also major challenges in India, which may add to the relationship
between mental illness and criminal behaviour.
Many people suffering from mental illnesses in India may lack access to
adequate treatment and support
services, increasing their likelihood of engaging in criminal behaviour to cope with their symptoms.
Addressing mental illness and criminal behavior
in India requires
a multifaceted approach that involves both
individual-level and systemic-level strategies. These may include
improving access to mental health care and support services,
increasing awareness and education around mental illness,
and reducing stigma and discrimination against individuals with mental illness.
Furthermore, further study on the association between mental illness and
criminal behaviour in India is
required, as is the development of culturally relevant diagnostic instruments and therapies that take into
consideration the country's distinct social,
cultural, and economic
environment.
Nithyananda is a so called godman who was blamed for assault and sexual maltreatment by a previous devotee in
2010. He was taken into custody and charged with
a number of offenses, such as rape and criminal intimidation. Nithyananda's defense
team argued during his trial that Nithyananda needed to be treated for depression. He was eventually granted
bail after this argument was rejected by the
court.
The
difficulties associated with the connection between mental illness and criminal behavior in India are brought to light in
Nithyananda's case, including the possibility
of using mental illness as a defense in criminal cases and the lack of
accessibility to appropriate mental
health care. Also, the case brings up issues about the job of strict and profound innovators in Indian culture,
and the potential for maltreatments of force
and authority in these specific
circumstances.While Nithyananda's case isn't illustrative of all cases connected with
psychological maladjustment and criminal conduct in India, it features the requirement for a nuanced
and educated understanding regarding the issues in
question. Legal professionals can ensure that
individuals with mental illness are provided with the appropriate treatment and support services while also upholding the
principles of justice and public safety by taking
into account the individual's mental health status, the severity of the crime,
and the circumstances surrounding the crime.
In Delhi in 1996, law student Santosh Kumar Singh was accused of raping
and killing another law student,
Priyadarshini Mattoo. Due to a lack of evidence, he was initially cleared,
but the case was reopened
in 1999 as a result of public
outcry.
Singh, Santosh Kumar: During Singh's retrial in 1996, his defense team
argued that he was not in control
of his actions at the time of the crime and suffered from bipolar disorder. In any case, the court dismissed
this contention and he was at last sentenced
for assault and murder and condemned to death.
The difficulties associated with the connection between mental illness
and criminal behavior in India, such
as the possibility of using mental illness as a defense, are brought to light by Singh's case. In
addition, the case raises concerns regarding the efficiency with which the criminal
justice system deals with crimes involving violence
against women.
While Singh's case isn't illustrative of all cases connected with
psychological sickness and criminal
conduct in India, it highlights the requirement for a nuanced
and educated understanding regarding the issues in question.
Legal professionals can ensure
that individuals with mental illness are provided with the appropriate
treatment and support services while also upholding the
principles of justice and public
safety by taking into account the
individual's mental health status, the severity of the crime, and the circumstances surrounding the crime.
Surinder
Koli: Surinder Koli, a domestic worker, was charged with the 2005 Nithari murders in Noida, Uttar Pradesh. Near
Koli's house, the police found the bodies of
several women and children who had gone missing. He was arrested and
charged with multiple counts of
rape and murder. Koli was initially given the death penalty, but his defense team argued that he was
unable to comprehend the consequences of his
actions due to schizophrenia.
Koli's life sentence
was later reduced
by the Indian Supreme Court. Koli's case features a portion of the difficulties connected with the connection between
psychological maladjustment and criminal conduct
in India, including
the potential for misdiagnosis and the requirement for
socially fitting demonstrative devices and mediations.
Also, the case brings up issues about the job of neediness
and absence of admittance to psychological wellness
care in adding
to criminal way of behaving. The case of Koli
demonstrates how crucial it is to address the social and economic factors at
the root of the connection between mental illness and criminal behavior in India.
Even though Koli's case is not typical
of all cases involving mental illness and criminal
behavior in India, it emphasizes the importance of having a well-rounded understanding of the issues at hand. Legal
professionals can ensure that individuals with
mental illness are provided with the appropriate treatment and support services while also upholding the principles of
justice and public safety by taking into account the individual's mental health status, the severity of the
crime, and the circumstances surrounding the crime.
Ajmal Kasab
Ajmal
Kasab was one of the fear based oppressors who completed the 2008 Mumbai assaults,
a progression of composed assaults
across Mumbai that killed 166 individuals and harmed north of 300 others. During the attacks,
Kasab was apprehended by the police and charged with
a number of offenses, including terrorism and murder.
Kasab's
defense team argued during his trial that he was not responsible for his actions and had paranoid schizophrenia.
However, the court rejected this argument, and he was
found guilty and given the death penalty in the end.
The case of Kasab demonstrates a few of the difficulties associated with the connection between
mental illness and criminal behavior
in India, such as the possibility
of using mental illness as a defense in criminal cases. In addition, the case raises concerns regarding
the efficiency with which the criminal justice
system addresses terrorism and violent crimes.
While Kasab's case isn't illustrative of all cases connected with psychological maladjustment and criminal conduct
in India, it highlights the requirement for a nuanced
and educated understanding regarding the issues in question.
Legal professionals can ensure
that individuals with mental illness are provided with the appropriate treatment and support services
while also upholding the principles of justice
and public safety by taking into account the individual's mental health status, the severity
of the crime, and the circumstances surrounding the crime.
Influence
decisions
connected with psychological maladjustment and criminal way of behaving can fundamentally affect people with
dysfunctional behavior and the law enforcement
framework all in all.
A
new judgment that considers the special requirements and conditions of people
with dysfunctional behavior can
prompt more fitting treatment and backing administrations, while likewise maintaining the standards
of equity and public wellbeing. For instance,
a judgment that requires psychological well-being evaluations and admittance to emotional well-being care for people
in the law enforcement framework can assist with guaranteeing that they get suitable
treatment and backing for their psychological
well-being conditions.
On the other hand, a decision that does not take into account the
individual's mental health status or that helps to perpetuate mental illness-related stigma and discrimination can be harmful. It may make
their symptoms worse and make them more
likely to commit crimes. Additionally, a vicious cycle of poverty and criminal activity can be perpetuated by judgments
that do not take into account the underlying
social and economic factors that may contribute to the connection
between mental illness and criminal
behavior.
A
compassionate and evidence-based approach that takes into account the
individual's mental health status,
the severity of the crime committed, and the circumstances surrounding the crime is necessary for all
judgments regarding mental illness and criminal
behavior. Legal professionals can do this in order to uphold the principles of justice and public safety while also
ensuring that people with mental illnesses receive the appropriate treatment and support services.
CONCLUSION
The
existing research suggests that there is a link between mental illness and
criminal behavior, which is a complex
and multifaceted relationship. Even though not all people with mental illness commit crimes and not all people who
commit crimes have a mental illness
that has been diagnosed, having a mental illness can make it more likely that
someone will commit a crime.
Psychotic
disorders, mood disorders, and personality disorders are among the mental illnesses
that have been investigated for their potential
connection to criminal
behavior. Substance abuse, poverty, and childhood trauma all have the
potential to influence criminal
behavior.
Addressing mental illness and criminal behavior necessitates a
multifaceted strategy that incorporates individual-level as well as systemic-level tactics. Early treatment
and intervention, diversion programs, mental health courts, and
community-based mental health
services are all examples of these. Additionally, addressing mental illness-related stigma and bias in the
criminal justice system is essential for enhancing mental health
outcomes and decreasing recidivism rates.
By tending
to the fundamental emotional wellness
needs of people in the law enforcement framework and giving proper
treatment and backing administrations, we might
have the option to diminish the gamble of criminal way of behaving among those with psychological maladjustment.
The complex relationship between mental illness
and criminal behavior needs to be better understood and effective methods for preventing and addressing these issues need to be developed.