Mentally Disorder Offenders
Mental disorder can be briefly defined as ‘any disability or disorder of the mind’. This can be elaborated to imply mental illness, psychopathic disorder, incomplete or arrested development of the mind, including any other disability or disorder of the mind. As such, mentally disordered offenders often present dilemmas regarding attempts at implementing legislations aimed at their behaviors. Central to the debate regarding this category is control and care contrasts. One hand argues that the mental vulnerabilities of these people should be treated (rehabilitated) through healthcare services while the other side argues that Criminal Justice System (CJS) controls their ownership, in the sense that, they should be punished under the law for their offending behaviors (Coutts, 2011).
In my view, I think that, rehabilitation would work for mentally disordered offenders. Although imprisonment seems appropriate action for the offenders, especially for the purpose of public protection, I do not see it as the most appropriate action with regards to, particularly, the mentally disordered offenders, who are in need of treatment due to their diminished capacity. This group should be placed within Therapeutic Settings where rehabilitation services can be accorded to them through means such as psychiatric treatments. Under the treatment model, it is the medical profession that is best placed in making decisions regarding mental illness since they have been trained, experienced, qualified and regarded to be caring. The use of values and principles within the criminal justice system such as public safety, due process, and retribution are not best suited for treatment of mental illness due to their secondary focus on treatment and care. Furthermore, the criminal law applies to ‘normal’ persons; mental illness renders offenders different from the normal group and as such should not be subjected to similar treatment like normal people (Coutts, 2011).
References
Coutts, S. (2011). CARE OR CUSTODY: Where Should Mentally Disordered Offenders be Placed? International Journal of Criminology
