In Canada we have implemented a new strategy called Mental Health Courts. The concept is quite new but the goal is to keep people who have committed minor offences and are mentally ill out of prisons and the court system and address their offences through the lens of their mental health. Often when you go to mental health court there is the judge who has special training in mental illness, a psychologist, social worker, psychiatrist and/or forensic psychiatrist, and community supports. Together they work to find the best way to make you accountable for your actions without ruining the rest of your life.
I wrote a paper on mental health courts last semester and at the time I took the position that I did not support them; that it was just a way to let people off the hook for their mental illness. I do, personally, lack empathy at times and when I wrote my paper I was taking the position of "mentally ill or not, you broke the law and should be subject to the same penalties as anyone else". I do still have that perspective to a certain point, however, I've done additional research on mental health courts and do feel they have the ability to make a positive impact on the offender, the court system and society.
I do think that if we are going to put mentally ill offenders behind bars we have an obligation to provide treatment. The justice system provides treatment for medical conditions. Why are they not held to the same standard for mental health conditions? I think there needs to be a huge focus on providing mental health care in the system and as follow-up when offenders are released to prevent recidivism.
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