Serious Mental Illness, Criminal Justice, and the Death Penalty

Abstract

This chapter addresses the intersection of mental health and the criminal justice system. Individuals with serious mental illness (SMI) are at higher risk of involvement with the criminal justice system and at greater risk of more severe sentencing. Mental Health America estimates that 20% of persons on death row have a serious mental illness. Someone who was actively mentally ill at the time of a crime, but who has received treatment and is now stable, will proceed to trial as death eligible. This chapter holds that, as the majority of mental health professionals, social workers have a responsibility for educating lawmakers, community members, and those in the criminal justice system, as well as other practitioners about the multiple levels of injustice and inequity surrounding individuals with SMI and the criminal justice system. These issues range from inadequate and inconsistent treatment in the community, jails, and prisons to differential sentencing practices.