Mental Health in Australia's Criminal Justice System

Topics: Mental disorder, Psychiatry, Mental health Pages: 13 (3560 words) Published: August 8, 2013
Year 11 Legal Studies
Year 11 Legal Studies
Jacob Ellis
“Statistics suggest that, with one in 5 adults, and 27 per cent of young Australians, suffering some form of mental illness, current mental health funding is unable to cater for all mental health needs, forcing prisons to become the new mental health institutions.” Jacob Ellis

“Statistics suggest that, with one in 5 adults, and 27 per cent of young Australians, suffering some form of mental illness, current mental health funding is unable to cater for all mental health needs, forcing prisons to become the new mental health institutions.” Mental Health Services in Australia’s Criminal Justice System Mental Health Services in Australia’s Criminal Justice System

Table of Contents:

1.0Introduction3
2.0Description of Social and Legal Issues4
2.1Social Issues………………………………………………………………………………4 2.1.1The lack of professional screening and health services in rural jurisdictions……………………………………………………………………………...…...4 2.1.2 The compromising of the mentally ill perpetrators Health to themselves and the general community……………………….…………………4 2.1.3 The relationship between offending behaviour, mental illness and substance abuse…………………………………………………………………………….4 2.2Legal Issues…………………………………………………...………………………….4 2.2.1Police services and the informal responses to mental health cases....4 2.2.2 The court services and criminal proceedings in Australian courts….4 2.2.3 The screening tools used in the criminal justice system and the effectiveness of those tools………………………………………...…………...………4 3.0Explanation of Social and Legal Issues………………………………………………......5 3.1Social Issues………………………………………………………………………………4 3.1.1The lack of professional screening and health services in rural jurisdictions……………………………………………………………………………...…...4 3.1.2 The compromising of the mentally ill perpetrators Health to themselves and the general community……………………….…………………4 3.1.3 The relationship between offending behaviour, mental illness and substance abuse…………………………………………………………………………….4 3.2Legal Issues…………………………………………………...………………………….4 3.2.1Police services and the informal responses to mental health cases....4 3.2.2 The court services and criminal proceedings in Australian courts….4 3.2.3 The screening tools used in the criminal justice system and the effectiveness of those tools………………………………...……......………...………4 4.0Evaluation of Social and Legal Issues……………………………….……………………8 4.1Social Issues………………………………………………………………………………4 4.1.1The lack of professional screening and health services in rural jurisdictions……………………………………………………………………………...…...4 4.1.2 The compromising of the mentally ill perpetrators Health to themselves and the general community……………………….…………………4 4.1.3 The relationship between offending behaviour, mental illness and substance abuse…………………………………………………………………………….4 4.2Legal Issues…………………………………………………...………………………….4 4.2.1Police services and the informal responses to mental health cases....4 4.2.2 The court services and criminal proceedings in Australian courts….4 4.2.3 The screening tools used in the criminal justice system and the effectiveness of those tools………………………………...……......………...………4 5.0Recommendations…………………………………………………………….….……….……10

6.0Conclusion……………………………………………………….………….…………………..…11

7.0Appendix………………………………………………….………………………………………..12

8.0Bibliography……………………………………………………………………………………...15

1.0 Introduction

The results of various studies conducted over the past few decades have shown that the prevalence of persons with mental disorders in the criminal justice system has increased showing that the system has failed to adequately address the issue of mental health in the worldwide community. Despite the treatment on offer for those persons with mental disorders, the identification - properly known as screening - has been deemed inefficient and inconsistent throughout Australia, prior to the time the offenders even enter into the criminal justice system. This...

Bibliography: Freeman, K. (1998, October). Mental Health and the Criminal Justice System . (N. B. Research, Producer) Retrieved May 15, 2013 from http://www.lawlink.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/cjb38.pdf/$file/cjb38.pdf
MULLEN, P
NSW Government. (2013). The Tribunal. Retrieved May 19, 2013 from http://www.mhrt.nsw.gov.au/the-tribunal/
Refshauge, D
Rivers, G., Ross, S., Ogloff, J. R., & Davis, M. R. (2006). The Identification of Mental Disorders in the Criminal Justice System . Monash University, Centre for Forensic Behavioural Sciece, Victoria.
Schmalleger, F. & Smykla, J. (2009). Corrections in the 21st Century (4th Ed.). New York, NY: McGraw Hill.
Sentencing Persons with a Mental Condition. (2013, July 12). Retrieved May 4, 2013 from http://njca.anu.edu.au/Projects/Cth%20Sen%20DB/Principles%20and%20Practice%20component/mental_illness_sentencing_factors.htm
The Age
University of Wollongong. (2010, September). SCREENING AND ASSESSMENT TOOLS. Retrieved May 22, 2013 from http://ahsri.uow.edu.au/chsd/screening/index.html
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