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Criminal Prosecution of the Mentally Disordered

Published online by Cambridge University Press:  02 July 2024

Ellen Hochstedler
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Abstract

This study examines the interim and final dispositions of 379 criminal cases involving mentally disordered defendants. The findings indicate that a history of mental health problems tends to elicit a lenient penal sanction, even in the face of a criminal history. Furthermore, these findings show that the court used its authority to impose mental health treatment on criminal defendants as often as it imposed punishment.

Type
Research Note
Information
Law & Society Review , Volume 20 , Issue 2 , 1986 , pp. 279 - 292
Copyright
Copyright © 1986 by The Law and Society Association

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Footnotes

An earlier version of this paper was presented at the Annual Meeting of the Law and Society Association, San Diego, California, June 7, 1985.

I want to thank the Milwaukee Foundation for financial support of this study, the Wisconsin Correctional Service for cooperation and permission to use agency records, and Charles Worzella of the Wisconsin Correctional Service for his helpful orientation to the data. I am most grateful to Jerelyn Johnson, the graduate student who collected all the data used in this study, working as a volunteer before financial support for the project was found. Opinions expressed in this paper are those of the author and do not reflect the official or unofficial views of the Milwaukee Foundation, the Wisconsin Correctional Service, or the Milwaukee Office of District Attorney.

References

ABRAMSON, M. F. (1972) “The Criminalization of Mentally Disordered Behavior: Possible Side-Effect of a New Mental Health Law,” 23 Hospital and Community Psychiatry 4: 101.Google Scholar
BLAIR, J. (1973) “Where Have All the Patients Gone?” 2 Human Behavior 14.Google Scholar
BONOVITZ, J. C., and Bonovitz, J. S. (1981) “Diversion of the Mentally Ill into the Criminal Justice System: The Police Intervention Perspective,” 138 American Journal of Psychiatry 973.Google Scholar
BONOVITZ, J. C., and E., GUY (1979) “Impact of Restrictive Civil Commitment Procedures on a Prison Psychiatric Service,” 136 American Journal of Psychiatry 1045.Google Scholar
DICKEY, W. (1980) “Incompetency and the Nondangerous Mentally Ill Client,” 16 Criminal Law Bulletin 22.Google Scholar
GELLER, J. L., and E. D., LISTER (1978) “The Process of Criminal Commitment for Pretrial Psychiatric Examination: An Evaluation,” 135 American Journal of Psychiatry 53.Google Scholar
MATTHEWS, A. R. (1970) “Observations on Police Policy and Procedures for Emergency Detention of the Mentally Ill,” 61 Journal of Criminology, Criminal Law and Police Science 283.Google Scholar
ROESCH, R., and S. L., GOLDING (1979) “Treatment and Disposition of Defendants Found Incompetent to Stand Trial: A Review and a Proposal,” 2 International Journal of Law and Psychiatry 349.Google Scholar
STEADMAN, H. J., J. J., COCOZZA, and M. E., MELICK (1978a) “Explaining the Increased Arrest Rate among Mental Patients: The Changing Clientele of State Hospitals,” 135 American Journal of Psychiatry 816.Google Scholar
STEADMAN, H. J., MONAHAN, J., DUFFEE, B., HARTSTONE, E., and P. C., ROBBINS (1983) “The Impact of State Mental Hospital Deinstitutionalization of United States Prison Populations, 1968-1978.” Presented at the American Society of Criminology, Denver, Colorado (November).CrossRefGoogle Scholar
STEADMAN, H. J., and S., RIBNER (1980) “Changing Perceptions of the Mental Health Needs of Inmates in Local Jails,” 137 American Journal of Psychiatry 1115.CrossRefGoogle Scholar
STEADMAN, H. J., D., VANDERWYST, and S., RIBNER (1978b) “Comparing Arrest Rates of Mental Patients and Criminal Offenders,” 135 American Journal of Psychiatry 1218.Google Scholar
STELOVICH, S. (1979) “From Hospital to the Prison: A Step Forward in Deinstitutionalization?” 30 Hospital and Community Psychiatry 587.Google Scholar
TEPLIN, L. A. (1983) “The Criminalization of the Mentally Ill: Speculation in Search of Data,” 94 Psychological Bulletin 54.Google Scholar