Prosecutors, Judges, and the Punishment of Mental Illness

Abstract

People with mental illnesses are markedly overrepresented in U.S. jails and prisons. Although a variety of factors account for this overrepresentation, punitive actions by prosecutors and judges in response to behaviors caused by mental illness play an important role. A recent Maryland case illustrates how such actions can occur, with excessive charges filed against a woman whose behavior was clearly related to a mental health crisis and the imposition of a disproportionate sentence. Educating prosecutors, defense attorneys, and judges about the nature and consequences of mental illnesses is an essential step toward mitigating the punitive approach of the current U.S. criminal legal system.

Keywords: Criminal justice system; Criminal law; Jails and prisons; Mental health services; Mental illness.