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Mentally Ill: A Psychological Analysis

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Through expert witnesses, psychology has proven itself to be extremely helpful in the court of law, especially when dealing with certain cases. A case in which these two fields come together is when dealing with mental illnesses, where the jury expects to be educated on the mental health of an offender at the time of crime. Mental illness, in the broadest of terms, is made up of disorders that affect your mood, thinking and behavior processes. Thus, it is a mental health condition that can include disorders such as depression, anxiety disorder, bipolar disorder, eating disorder and schizophrenia (Chavers, 2010, p. 20). Controversies between psychology and the law begin to appear with more severe mental disorders that can lead to crimes demanding …show more content…
It is important to understand the psychological aspects as well as legal aspects related to the role of the mentally ill in court in order to properly assess the disputes these two fields may arise.
The Psychological Aspect of Being Mentally Ill
In psychology, being mentally ill can include a multitude of disorders, each with a number of symptoms. Being mentally ill is comparable to the definition of insanity within the legal field where it involves not being sound of mind at the time of the crime (Pozzulo, Bennell, & Forth, 2015, p. 225). In fact, Johansen, in her article “Guilty but Mentally Ill”, says that insanity is a term used to denominate people who suffer from “complicated medical standards” (Johansen, 2015, p. 2). She describes it as the defendant being “unable to appreciate the nature and quality of his conduct as a result of …show more content…
We discussed that being mentally ill resembles insanity in the way that it involves not being sound of mind at the time of the crime (Pozzulo, Bennell, & Forth, 2015, p. 225). In fact, as Johansen mentions in her article “Guilty but Mentally Ill”, “the law has long recognized that a person who suffers from a serious mental illness is ‘not to be regarded as a moral agent, or punishable by the law for his acts’” (Johansen, 2015, p. 2). In other words, her argument states that there are other ways of ‘punishing’ a mentally ill person without them going to prison. The two distinct groups previously mentioned: non guilty by reason of insanity (NGI) and guilty but mentally ill (GBMI), have two different types of punishments. As NGI is closely linked to insanity, these people “[negate] all criminal culpability for the alleged crime” and therefore will be “committed to a mental health treatment facility”, whereas a GBMI defendant will receive the same punishment as “a similarly situated ‘sane’ person (Johansen, 2015, p. 3&5). In addition to being sentenced to jail time, they are to receive treatment and are neglected parole during their treatment period (Johansen, 2015, p. 3). It is yet argued that sentencing people with mental illnesses to jail does not stop the problem. It is a quick solution but it is temporary as it does not last, just like a

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