Vol. 4, Issue 1 (2018)
Criminal justice for the individual facing mental illness
Author(s): Rajnish Hooda
Abstract: A mental illness is a behavioural or mental pattern that causes significant distress or impairment of personal functioning. It is also called a mental or psychiatric disorder. These features may be persistent and remitting. There are many conflicts regarding the appropriateness of treatment and punishment for mentally ill persons who commit crimes. In general, population concern for public safety and usually finds it hard to accept that a mentally ill person who commits a crime can be hospitalized and discharged eventually, sometimes after a short time interval. In most countries the options of hospitalization are available in concert. In some, incarceration takes place before hospitalization. In some, hospitalization is first, which is followed by a prison term. Another option is “treatment years.” The court would find out the number of years required for treatment, according to the crime. This dilemma has no common solution. The main aim is to maintain the balance between the rights of a patient to treatment and also the responsibility of the court to ensure the safety of public.