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Mentally Impaired Offenders Syllabus, Reading List & Movie List (Spring 2012)

Northern Arizona University

Yuma Branch Campus

Justice Administration Program

AS 338-801,  Lec 7499

MENTALLY IMPAIRED OFFENDERS

 3 credit hours

Spring 2012 Syllabuw

Instructor :  Mary White

                       Deputy County Attorney

 Contact information :

928-817-4335 (office)

928-257-9824 (cell)

maryewhite1@gmail.com

mary.white@yumacountyaz.gov

Office location :

Yuma County Attorney’s Office

250 W. 2nd St., Suite G (Justice Center basement)

Yuma, AZ 85364

Course Description :  

 This course is designed to introduce students to  problems involving mentally impaired persons in the U.S. criminal justice system.  The course covers issues  pertaining to mentally impaired persons at all stages of the criminal justice system from initial encounters with law enforcement on the street through imprisonment.   The interface between the criminal and civil justice systems,  in regard to mental impairment, is explored.   Various forms of mental impairment are described as they affect approaches, decision making and policies in law enforcement, the courts and corrections.

Students must also complete readings, written assignments and a research paper which focus upon the issues pertaining to mentally impaired offenders.

Classroom lectures and guest speakers will supplement the readings, written assignments and research.

This course is particularly relevant for students enrolled in any of the degree programs in the areas of Administration of Justice, Criminal Justice and Human Relations, as well as for students who plan to enter the fields of corrections, education, law,  law enforcement, psychology, public administration and social work.

Course objectives :

 By the end of the course, students will be able to :

1.  Demonstrate knowledge of current problems involving mentally impaired offenders in the U.S. criminal justice system.  This will include :

a. Understanding how mental impairment results in criminal incarceration for criminal behavior.

b. Understanding of problems within jails and prisons relating to mentally impaired inmates.

c. Overview of basic issues regarding criminal prosecution and defense of mentally impaired defendants.

2. Provide an overview of the approaches currently being used or proposed for solving these problems.

3. Explain alternatives to criminal incarceration for mentally impaired offenders  (civil court ordered treatment, jail diversion programs, etc.)

emonstrate knowledge of the history and causes of the large numbers of mentally impaired homeless and/or incarcerated in jails and prisons.

Required Textbooks:

 Earley, Pete,  Crazy  (2006 G. P. Putnam’s Sons)

Torrey, E. Fuller, The Insanity Offense (2008 W.W. Norton and Company)

Other readings will be placed on electronic reserve and can be accessed through Blackboard

 Course structure:  

 This course will be presented in four learning modules.  Each module utilizes a combination of  lecture, class discussion & role play exercises, guest speakers,  educational films, readings  and written reports.   Students are encouraged to complete extra credit projects which complement the information being presented in the course.  A list of extra credit activities is provided on the Course Home Page.

The first module covers history  and over view of the problem of mentally impaired offenders, as well as its current effect upon crime and law enforcement.  The history of deinstitutionalization of the mentally ill is described.   The current restrictions on civil commitment for mental illness are covered.   Typical police encounters with mentally impaired persons are described and the various situations in which mentally impaired persons end up being arrested and charged with crimes are explained.   This module covers basic law enforcement techniques and resources for handling street situations involving mentally impaired.  Types of mental impairment are described as they relate to police decision making and policies.

The second module focuses upon  the scope of the problem of mentally impaired persons in the criminal justice system.  National and local statistics as to numbers of mentally impaired in the criminal justice system, particularly in jails and prisons are given to the extent available.   The cost to taxpayers and the effects upon the local criminal justice system are described.  Problems in jail and prison administration regarding the mentally ill are covered.   Effects of jail and imprisonment upon the mentally ill and recidivism are described.

The third module covers problems in criminal prosecution and defense of mentally impaired defendants.   Among the concepts introduced and discussed are competency to stand trial,  due process, prosecutorial discretion, guilty except insane verdicts, mitigating factors, and capital punishment.

The fourth module presents possible solutions to the problems.  The concept of “jail diversion” which diverts lower level offenders with mental illness from jail into treatment is explored.  Jail and prison discharge or re-entry planning is demonstrated   The need for better mental health care in jails and prisons is explored.   The possibility of revising laws as to civil commitment to better handle the dangerously mentally ill is covered.  Resources and lack of resources for community mental health treatment are studied.

 There are due dates in each module and all assignment papers, final exam etc. must be completed by the due date. You have some flexibility in completing the activities, but  assignments submitted after the due date will not receive full credit.  The ONLY EXCEPTION to this policy will be if you are granted permission from the instructor PRIOR TO the module due date.  The permission will be based on the student providing documentation, where necessary, supporting the need to make up work.  No coursework may submitted after the last day of the course (Feb. 28).

The four learning modules for this course are listed below.  All activities for each module must be completed by the Due Date listed.

 The following activities are to be completed in this course:

 1) Written assignments.   There are readings each week with written assignments to be completed regarding that readings.  These assignments are designed to complement the classroom learning process.   They are not classroom activities in themselves.  Concepts and information from readings and written assignments are included in class but classroom time is not spent simply going through the reading.

2) Final Exam.  There will be a comprehensive final exam at the end of the course.  Those students who have an A or B in the course,  by the time of the Final Exam, need not take this Exam.

3)  Research project.    You may choose the topic for this research from a list  provided by the instructor.  These topics are designed to enhance  learning of the subject matter of the course.   You may choose to research a topic that is not on the instructor’s list provided that you obtain advance approval from the instructor.

You will choose your topic by January 24.  The research topics and  instructions for the format of  this research project are listed on the Course Home Page.

5)  Participation/Collaboration:  Students must participate in role play and other classroom exercises.  This will be not more than 25% of the total grade.

6)  Extra credit assignments are listed on the course homepageStudents must have completed the Research Project and at least 50% of written assignments in order to be eligible for Extra Credit points.

 Due Dates:

 Assignments due as listed.

Choose research topic & notify instructor of your topic:   Jan. 24

Research paper due:   Feb. 21

Oral Presentations of research results:  Feb. 21

Final Exam:   Feb. 28

Module I (January 17):

 History  and over view of the problem of mentally impaired offenders, as well as its current effect upon crime and law enforcement.

Classroom activity (January 17):  role play police encounters with mentally ill on street

Module 2 (January 24):  The scope of the problem of mentally impaired persons in the criminal justice system.

Research topics due January 24.

Class activity (January 24):   Library research presentation by Librarian Renee Westphal at  AWC/ NAU-Yuma Library

Classroom activity (Jan. 24) :  View online PBS documentary The New Asylums (2005 PBS Frontline) and discuss in class.

Classroom activity (Jan. 24): Discuss reading assignment from Shannonhouse, Rebecca,  Out of Her Mind Women Writing on Madness (2000 The Modern Library New York).

Reading Assignment due Jan. 24:

Read: Pages 1-18 (Preface & Mike’s Story 1 & 2) of Crazy by Pete Earley

Read: Ch. 1 (“Introduction: The Origins of a Disaster”) in The Insanity Offense by E. Fuller Torrey

Read:  “Keeping the Peace: Police Discretion and Mentally Ill Persons”,  by Linda A. Teplin  (July 2000)  National Institute of Justice Journal: http://www.ncjrs.gov/pdffiles1/jr000244c.pdf

(Posted online at Course home page)

Read selected chapters from Shannonhouse, Rebecca,  Out of Her Mind Women Writing on Madness (2000 The Modern Library New York) (Instructor will provide copies).

Written Assignment Due January 24:

Answer the following questions in writing:

From Earley’s book:

1.  What is the reason that author Pete Earley’s son Mike was not able to stay longer than four (4) days the first time he entered a private mental institution?

2.   In Arizona, could Mike have been arrested and charged with a crime for having closed his eyes while driving and caused a car crash?   If so, what crime or crimes?

Do you agree with the way the police officers handled this situation?

3: Why did the emergency room doctor refuse to admit Mike for mental health treatment?

4: In Arizona, could Mike have been arrested and charged with crimes for breaking into the house and causing property damage?  If so what crimes?

Do you agree with the way the police officers handled this situation?

What could have happened to Mike if the residents of the house had been home when he broke in?

5. What charges were filed against Mike and why were charges filed?

Do you agree with the prosecutor’s decision to file charges?

6:  What lie did author Pete Earley have to tell in order to get his son admitted into a hospital psychiatric ward?

Even though Mike was admitted to the hospital, could he be given medication against his will?

7.Did Mike have a right to a hearing on whether he should be forced to remain in the hospital?

8.What was the job of the lawyer appointed to represent Mike at his mental health hearing?

9: What do you think about the reaction of the wife whose house was broken into?

10. What would your reaction be under the circumstances?

From Torrey’s book answer the following:

1. To what does the word “deinstitutionalization” refer?

2. According to Torrey, an increase in homelessness was a consequence of releasing the mentally ill from hospitals and failing to provide aftercare.

What are three more consequences that he lists?

3.  What is the story (25 words or less) of  Andrew Goldstein?

4. From the information provided, do you think Mr. Goldstein would have murdered Kendra if he had been closely supervised and made to take his medication?

From “Keeping the Peace”,  answer the following questions in writing:

1. What are the two common law principles which come into play when police must respond to mentally ill persons?

2. What are three choices a police officer has in dealing with an irrational person who is causing a disturbance?

What are some problems involved in each of these choices?

3. What are four policy recommendations for preventing mentally ill persons from being criminalized?

 Reading Assignment due Jan. 24:

Read  Cordner, Gary  “People with Mental Illness – Problem Oriented Guide for Police”, Community Oriented Policing Services, U.S. Department of Justice — on Blackboard in Readings from Internet.

Read  Reinhart, Mary K. “Pam’s Story”, (Dec. 28, 2007 East Valley/Scottsdale Tribune)   Copyright: Freedom Communications/Arizona  (Posted online)

Read  Earley, Chapters 1 and 2, pp. 37-57 in Part One “The Ninth Floor”

Read Torrey’s Ch. 2, “Death by the Roadside” Read Chapter 2  (Zehr) and complete written assignment posted online.

Written Assignment due January 24:

From Earley’s book, answer the following questions:

1. What is the official name of the Miami-Dade County jail?

2. According to the book, what is a “correctional officer”?

3. What kinds of prisoners are housed on the 9th Floor?

4.  What kinds of prisoners are housed on the 8th and 10th Floors?

5. On the 9th Floor, what kinds of inmates are housed on C Cell Block?

6.  What does C Wing smell like?

7.  Describe the noise in C Wing.

8.  What is the temperature in C Wing?

9.  How many correctional officers are on duty in C Wing?

10.  How many women?   Men?

11.  Do these officers get any special training?

12.  Do they get extra pay?

13.  What is their responsibility?

14.  Describe the first 6 “suicide cells”.

15.  Describe the other 13 cells.

16. Do any of the mentally ill inmates on the 9th Floor have TV?  Radio?  Magazines or books to read?  Writing materials?

17. How would you react if you were locked up on C Wing under the conditions described?

18. What is the story of the inmate named Mr. Boreman?

19. Who said,  “Most mentally ill inmates do stupid things, not bad things.”

20. How did the inmate in cell 7 end up back on C Wing even though he had been stabilized and transferred out? (See bottom of page 51)

21.  When a mentally ill person is booked into jail, what kind of information does the jail receive about his medical/mental condition?  (See p. 53-54)

22.  Why does Dr. Poitier have to prescribe Risperdal even though the inmate in cell 12 is asking for Zyprexa? (See p. 54).

23.  What can happen when a mentally ill patient switches medications?  (See p. 54).

24.  What were the clues that the kid in cell 14 was faking mental illness?

25.  Why would he fake this?

26.  Why did the doc keep him on suicide wing even though the doc thought he was faking?

27.  What were Mr. Adams’ problems? Why does he keep getting sent back to jail?  (See p. 56)

28.   How many of the jail’s “most dangerous and unpredictable” mentally ill inmates were on the ninth floor on the day described by the author?

29.   How much  time did Dr. Poitier, the jail psychiatrist, spend with each inmate during his rounds that day?

 

From Torrey’s Ch. 2, answer the following:

 

30. How old was Malcolm when he first began showing symptoms of mental illness?

31. Would Malcolm take his medication voluntarily?

32. Why couldn’t Malcolm be forced to take medication?

33. What did the local mental health centers tell his mother when she called for help? (See p. 16)

 

Module 3 (Jan. 31):  Problems in criminal prosecution and defense of mentally impaired defendants

Classroom activity January 31:  Guest speaker (s):   Law enforcement: Yuma County Sheriff’s Detention Supervisor regarding mentally impaired offenders in Yuma County Adult Detention Facility (jail) and/or Yuma Police Officer regarding handling of mentally impaired offenders on the street.    Former criminal defendant guest speaker.

 Reading Assignment due Jan. 31:

Read selected chapters from  Gerdes, Louise, The Homeless (2007 Detroit: Greenhaven Press),

Read Torrey’s Ch. 3 “Thirteen Murders to Prevent an Earthquake”

Written Assignment due  January 31:

From Torrey’s Ch. 3, answer these estions in writing:

1.  At what stage in his life did Herb Mullins begin showing signs of mental illness?

2.  After he became severely mentally ill, what were some of Herb’s symptoms?

3. What was California’s Lanterman-Petris Short Act?  Under this law, what had to be proved in order to keep Herb in a mental hospital against his will?

4. Before this law was passed, what had to be proved to do so?

(See page 28 for answers to #3 & #4)

5.  Did Herb voluntarily take his medications?  What happened as a result of his untreated severe mental illness?

6. In California, at the time of the passing of the Lanterman-Petris-Short Act,  why would  state government officials see it as saving money? (see pages 29-30)

7. How did deinstitutionalization and California’s Lanterman-Petris-Short Act result in Herb’s not getting treatment for his mental illness? (p. 38-39)

Reading Assignment due Jan. 31:

Read Chapters 3, 4, and 5 (pp. 58-85) in Earley’s book.

Read the excerpt from National Institute of Mental Health (NIMH) website (Posted on VISTA, under Course Content, “Readings from Internet”)

Read Torrey’s Chapter 4 “The Odds are Still in Society’s Favor”

 Written assignment due January 31 (Earley):

 1.             How does Judge Leifman’s misdemeanor diversion program work?

2.             What does the term “diversion” mean in this context?

3.             What is the success rate of this misdemeanor diversion program?

4.             Does it apply to felonies also?

5.            What is a “lunatic”?   (use a dictionary)

6.            What is an “asylum” in the context of mental illness?

7.            What reform did Dorothea Dix convince the states to carry out?  During what century?

8.             What went wrong with this reform?

9.            What is a “lobotomy”?   (You may wish to look this up in a dictionary and/or encyclopedia)

10.          How did the discovery of Thorazine play a role in deinstitutionalization of the mentally ill?

11.          In Octover 1963,  on what did President Kennedy authorize Congress to spend up to $3 billion?

12.          According to Pete Earley’s research,  what three books, and one movie, convinced Middle America that psychiatry was a “pseudoscience”?

13.          What is a “pseudoscience”?

14.          What does it mean when a criminal defendant is “competent”?

15.          How did the psychiatrist explain how the state hospital gets mentally ill defendants competent enough to be put on trial?

16.          After a defendant is made competent and put on a bus back to jail,  what kinds of things go wrong that make the defendant become incompetent again before he/she can complete their ciminal case?

17.          What is the ‘revolving door” in the context of the jail and incompetent defendants?

18.          In Florida, what happens to a  mentally ill defendant who is found not guilty by reason of insanity?

Written assignment due Jan. 31  (NIMH): 

1.  According to NIMH, what percentage of Americans, age 18 and over, suffer from a diagnosable mental disorder?

2. Is “mental disorder” the same as “serious mental illness”?  If not, what is the difference?  (you may have to look this up in other sources)

3. According to NIMH, what is the leading cause of disability in the U.S. and Canada for persons ages 15-44:

4. Is it possible for a person to suffer from more than one mental disorder at a time?

5. What is the name of the reference book used in the US to diagnose mental disorders?

 

Module 4 (Feb. 7):   Possible solutions to problems involving mentally impaired offenders in the criminal justice system.

 Classroom activity (Feb. 7): Guest speaker Civil Deputy County Attorney who handles civil mental health proceedings for Yuma County.

 Reading Assignment due Feb. 7:

Read Chapter 6 (pages 86-98) of Earley’s book

Read selected Chapter 2 in Kupers, Terry Allen, Prison Madness: the Mental Health Crisis Behind Bars and What We Must Do About It  (posted online)

Read Torrey’s Ch. 5 “The Killing of Three Devils”

Written assignment due February 7 (Earley):

1.  What kind of changes can be observed in mentally ill inmates who voluntarily take their antipsychotic medications?

2. How has medication been observed to help the inmate Freddie Gilbert?

3.  Inmate Ted Jackson repeatedly asked for his medication in jail but was never given any.  Why do you think this happened?

4.  Ted Jackson was given only sedatives to keep him quiet while he was at the community mental health center.  Why do you think this happened?

5.  Do you believe the Miami Police assaulted Ted Jackson?  Do you think our Yuma Police Department would handle the arrest in the same manner as Miami?

6.   Do you think Judge Leifman’s misdemeanor diversion program helped Ted Jackson?  If so, how?

Could Judge Leifman’st program be improved?  If so, how?  Would improving the diversion program cost money?  If so, what would add these additional expenses?

7.  Do we have a misdemeanor diversion program for mentally ill inmates in Yuma County?  Who would be the person, or persons, best able to start and lead the process of planning this?

Written assignment due Feb. 7 (Kupers):

1:  What is post traumatic stress disorder (PTSD)?

2:  What are common symptoms of a prisoner who has PTSD?

3:    List at least 3 specific prison conditions that may cause PTSD or make it worse.

4:   Describe conditions at Pelican Bay State Prison that can cause PTSD or psychotic symptoms.

5:  What is “cell extraction” and why does the author think it is pointless, especially for a mentally ill prisoner?

6:  Instead of “cell extraction” what would be a better way to handle the situation when a prisoner refuses to return a food tray or refuses to “cuff up”?

7:  Are persons who are taking psychiatric medications more prone to injury from tasers?   If so, why?

8:  What are the “riot guns” that replaced tasers at California’s Vacaville prison?   How are they likely to harm anyone, especially mentally ill persons?

9:   Extra credit:  Find out whether riot guns are still being used at California’s Vacaville prison during cell extractions.

Reading Assignment due Feb. 7:

Read Chapters 7, 8, and 9 (pp. 99-122) in Earley’s Book.

Read Torrey’s Ch. 6 “The Sad Legacy of Ms. Lessard”

Reading Chapter I in Clear,  Todd, entitled  “Challenges of Responding to Persons With Mental Illness in the Penal System Community Corrections” (posted online)

Read selected chapters in Kupers, Terry Allen, Prison Madness: the Mental Health Crisis Behind Bars and What We Must Do About It  (posted online)

Written Assignment due February 7:

Answer the following questions from Clear’s chapter:

1: If we believe it is wrong to force medication upon a mentally ill person,  what should we do when that untreated mentally ill person commits a crime?

Should we then punish them?  Or should we force them to undergo treatment?  Or both?

2: How may a “risk management” approach to probation and parole which imposes strict supervision such as “intensive probation” on “high risk” defendants, result in higher failure and incarceration rates of these defendants?

3:  Mentally impaired prisoners are likely to misbehave.  How does  author  Clear recommend that this be handled?

From Kupers, answer these questions:

1.             According to Kupers,  during a single year, what percentage of state and federal prison inmates suffer from a mental disorder serious enough to require intensive treatment?

2.             What does Kupers mean by the “triply diagnosed” and the “quadruply diagnosed”?

3.             What is the “criminalization of homelessness”?

4.             What is the effect upon the mentally ill of this?

5.             What is Administrative Segregation (Ad Seg)?  (p. 19)

6.             What four themes are omnipresent in the stories of women prison inmates suffering from psychiatric disorders?  What does “omnipresent” mean?

7.             In prison, what is more important to the officers running the prison—security concerns or clinical concerns?  What are “clinical” concerns?

8.             Many psychiatric medications affect reaction time or awareness of surroundings,  how can this endanger a mentally ill prison inmate?

9.             If a mentally disordered prisoner gets into a fight with another prisoner,   does the prison increase his mental health treatment or is he punished instead?

10.          What kinds of punishment are imposed?

11.          What is the effect of these punishments upon a mentally disordered person?

12.          The author often uses the adjective “recalcitrant” in describing mentally disordered prisoners?  What does this word mean?

13.          What happened to jail inmate Steven when the intake social worker ordered him to be taken to a  safety cell in the psychiatric unit? (p. 26-27)

14.          What does “toplocked’ mean?  (p. 28-29)

Written assignment due Feb. 7:

1. What is NAMI?

2.  If you or a relative suffer from mental illness, what kind of help, if any, can you get from this organization?

(Do some research and cite your sources. Do not simply rely on Earley’s book)

3. What is anosognosia?

4.  How does anosognosia affect whether a mentally ill person receives treatment?

5. True    False    A medication such as Abilify has the same result with every  mentally ill person who takes it.

6.  True  False  Mental illness is the result of a chemical  imbalance in the brain.

7.  True  False   You can choose not to be mentally ill.  It is simply a matter of will power.

8.  True False   Mental illness is a lifelong illness.

Reading Assignment due Feb. 7:

Read Slate’s Ch. 3,  in Slate, Risdon and Johnson, Wesley, The Criminalization of  Mental Illness Crisis and Opportunity for the Justice System (2008 Caroline Academic Press)

Torrey’s Ch. 7 “God Does Not Take Medication”

Written Assignment due February 7:

From Slate,  complete the following written assignment:

1. What is “managed care” in reference to health care systems?  How does it harm mental patients? (p. 36)

2.  In most areas of the US, what happens to a person’s Medicaid benefits when they are detained in jail?  (P. 38).  How does this affect the mentally ill person’s ability to get treatment upon being released?

3. What is a “preferred drug list”?  (P. 39-40)  What can happen to a mentally ill person whose insurance will not pay for the brand of medication recommended by their doctor but instead must take a generic?

4. What happens to jails and emergency rooms when there is not enough publicly funded treatment for the mentally ill? (p. 45)

5. What is stigma?  How does this concept relate to the mentally ill? (p. 49-50)

6.What are the three largest inpatient psychiatric facilities in the U.S.?   (p. 59)

Reading Assignment due Feb. 7:

Read Mike’s Story #3 and Chapters 10, 11 and 12 (pp. 132-161) and

Torrey’s Ch. 8 “The Consequences of Unconstrained Civil Liberties: Homeless, Incarcerated and Victimized”

Reading Assignment due Feb. 7:

Read Rule 11 of Arizona Rules of Criminal Procedure and selected criminal and civil statutes posted online.  Answer the written questions posted online.

 Reading Assignment due Feb. 7: 

 Read Fishkind and Zeller, chapter titled “Psychiatric Emergency Services” posted online and answer written questions.

Read  chapter 4, “Suicide Prevention in Correctional Facilities” in Scott,Charles L. and Gerbasi, Joan, Handbook of Correctional Mental health (2005  Washington, DC: American Psychiatric Pub)  and answer written questions posted online.

Written Assignment due February 14:

From Earley’s book, answer the following:

1.  What went wrong with the Mike’s plea agreement?  What stopped him from being able to plead to misemeanors instead of a felony?

2.  What are the consequences to a person of having a felony conviction?  (Do some outside research here).

3. True  False   According to a major study done by the City of Miami in 2003,  all of the city’s 507 chronically homeless people were mentally ill.

What does the word “chronically” mean in the context of illness?

4. True False  According to the same study, 71% of these mentally ill homeless persons refused to live in shelters.

5. True  False  According to the same study, every one of these 507 mentally ill homeless persons had been arrested or jailed.

6.  The Miami Police Department’s CIT is a model for the rest of the nation. What is it?

7. What is an “assisted living facility” (ALF) as described by Pete Earley?

8.  What are some of the problems with the assisted living facilities for the mentally ill in Miami?

9.  Does Yuma County have any private boarding facilities for mentally ill persons?  (Do some outside research — call our local mental health providers.)

10.  Describe Freddie Gilbert’s mental health hearing.

11.  What was the role  of Freddie Gilbert’s court appointed lawyer?

From Torrey’s chapter 8, answer the following:

1.  True or false  According to Torrey, multiple studies have found that at least 1/3 of homeless men and 2/3 of homeless women have serious psychiatric disorders.

2. What happened to Rebecca Smith and Yetta Adams?  Were they diagnosed as mentally ill? (p. 125)

3. Do you think that a mentally ill person should have the right to live on the streets and eat out of garbage cans?

4. Under current Arizona law, we cannot court order a mentally ill  woman, who wanders the streets homeless and delusional,  to undergo treatment.  Such behavior is not considered a danger to self or others.

Do you think our laws should allow her to be left alone in this condition?

5.  If we start requiring court ordered treatment for mentally ill homeless persons, how are we going to pay for it?

 Written Assignment Due February 14:

From the Honberg Chapter posted on Blackboard, answer the following questions:

.             Write the definitions of the following words:

lunatic,

competency (criminal law context) and

insanity (criminal law context)

2.             What is the first stage in the criminal justice process where a defendant’s “competency” may be  concern?  What is the second?  The third?

3.             The due process clause of the 5th and 14th Amendments of the U.S. Constitution has been interpreted as requiring that a criminal defendant be “competent”.  What does this mean in the context of the due process clause?

4.             Quote the due process clause of the 14th Amendment:

5.             Who may raise the issue of whether a defendant is competent to stand trial?

6.             According to Honberg, what happens if a Judge has a reasonable doubt about whether a defendant is competent to stand trial?

7.             What happens if the defendant is found “not competent”?

8.             If a defendant who has been found not competent is sent to a mental hospital to receive treatment, what are the goals of this treatment?

9.             What happens when the treatment provider for a “not competent” defendant decides that he/she has been restored to competency?

10.          If a defendant is found “not competent” but cannot be restored to competency, may he be kept locked up for the rest of his life?

11.          What are the State’s choices in this situation?

12.          A competency determination looks at a defendant’s ________state of mind.

13.          A sanity evaluation looks at the defendant’s state of mind at the time of _______.

14.          What is the famous “McNaughton” standard of criminal insanity?

15.          Who has the burden of proving insanity?

16.          According to the few studies that have been done,  do persons found not guilty by reason of insanity spend more time or less time behind bars than persons who are convicted?

17.          Some states have adopted a verdict of “not guilty but mentally ill”.  As a practical matter, does this differ much from a guilty verdict?

18.          The U.S. Supreme Court has held that the 8th Amendment gives prisoners a right to treatment for both physical and mental illnesses.  However, this right is limited to prisoners with a “serious medical need” and requires only that prison officials not be ____________to this need.

19.          True or false:   If a prison is negligent in not providing medical treatment to a prisoner, this violates the prisoner’s right to treatment.

20.          There are several requirements for minimal mental health treatment of inmate set forth in this book chapter and in the case of Ruiz v. Estelle.

List 3 of these requirements.

21.          What is the importance of discharge planning and linkage to services for inmates being release?

22.          What is “discharge planning and linkage to services”?

23.          The U.S. Supreme Court has held that it is cruel and unusual punishment to execute an “insane” person.  In this context, what does “insane” mean?

Reading Assignment due Feb. 14:

 Read Earley’s Chapter 13 (p. 162-168) and

Read Torrey’s Ch. 10 “An Imperative for Change”

Written Assignment due February 14:

From Earley’s chapter, answer the following:

(1) What is the natural friction that exists on the ninth floor between correctional officers and medical personnel?

Could this tension also exists in the attitudes of the general public toward mentally ill persons who commit crimes?

(2) What is the “fail first” system for prescribing medication for mentally ill inmates in the Miami County Jail?  What is the reason for it? (pp. 164-65)

From Torrey’s Chapter 10, answer the following:

(1) Describe “Doug”.   Why is it that he cannot get treatment for his mental illness?

(2) According to Torrey, what is the most important cause of stigma against mentally ill persons? (p. 164)

What does the word “stigma” mean in this context?

(3) List some of the costs to taxpayers caused by untreated mental illness.

Module 4 (Possible Solutions) (continued)  and Wrap-up of course (Feb. 21):  

 Classroom activity (Feb.  21): Presentation by local mental health crisis team.

 Classroom activity (Feb. 21):  Student presentations of research.

Classroom activity (Feb. 21):  Review for Final Exam.

End of Module:  Research Paper due (Feb. 21)

Reading Assignment due Feb. 21:

Read the chapter from Honberg, Ronald, J.D. “The Intersection of Mental Illness and Criminal Law”posted on Blackboard and

Read Torrey’s Ch. 9: “The Consequences of Unconstrained Civil Liberties: Violent and Homicidal”

Reading Assignment due Feb. 21:

Read Phillips, Mental Health Issues in the Criminal Justice System (2007 The Haworth Press) Chapter titled “Justice is in the Eye of the Beholder” by Michael Weaver

Written Assignment due February 21:

From Weaver’s account, answer the following questions:

1) What does the author mean by the expression “Justice is in the eye of the beholder”?

2) What mental disorder does Michael Weaver, the author of this chapter, suffer from?

3) What 2 factors caused the author to decompensate and end up in prison?

4) What benefits to our communities will we see if we improve our prison system so that it helps inmates rather than simply warehousing them?

5) What does the author mean when he says the first 5 years after prison were harder for him than the 5 years in prison?

6) What is the author’s point when he says “Most of the individuals that end up incarcerated are going to wind up back on the streets with all of us someday”.

Written Assigment due February 21

T orrey’s Ch. 11 “Fixing the System”

From Torrey’s Chapter 11, answer the following:

1. In studies of violent behavior, what are the seven (7) identifying factors which are most frequently found?  (page  180)

2. In the author’s opinion, how many of these factors combined will identify the majority of mentally ill patients most likely to become violent. (page  182)

3. What do you think about the idea of having a national database of “persons with severe psychiatric disorders who have proven dangerous”?  Do you agree or disagree?  Give reasons for your opinion.

Even if you agree that such a database is a good idea, how can it be done without taking away the privacy or liberty of persons who are not dangerous?  What safeguards are needed?

4.  Author Torrey gives a blueprint for an effective system for treatment of the mentally ill.  List each of  the components of this system. (page 185-187)

5.  What are some methods described by Torrey to ensure that persons with severe mental disorders take their medications?

Reading Assignment due Feb. 21:

Read Earley’s Chapters 14, 15, 16, 17 & 18 (pp. 169-207) and

Read Torrey’s Ch. 12 “Coda: Death by the Roadside”

Written Assignment due Febuary 21:

Read Chapter 20 to the end (Earley) and answer the following in writing:

In Chapter 20:

1.why was the inmate in cell 3, sprayed with OC spray?  Do you think there could have been another way to handle this?

2. Why did the officers punch and twist the arms of the inmate who was obnoxiously complaining about his food?  Could there be a another way to handle this?

3. According to one of the officers who spoke to Mr. Earley, the jail in Miami keeps control of prisoners through _________ and  ____________.

Ch. 31-33:

1. What is Passageway?   Describe it.

2.  True or False.   Passageway is a residence for mentally ill prisoners who have been paroled or mentally ill jail inmates released on condition that they live at Passageway.

3.  What kind of problems did Passageway have in finding a location?

4.  What is the federal Medicaid “sixteen bed” rule and what is its purpose? How does it cause problems for halfway houses like Passageway?

5.  What are the safeguards used by the Passageway program to protect the public from mentally ill, potentially dangerous clients?

6. Is treatment provided at Passageway? If so, what kinds of treatment?

7.  What is the core or bottom line of the purpose of Passageway? (see end of Ch. 33)

8.  Do we have anything like this in Yuma County?

If not, what would be the first step to start such a program?

Final Exam (Feb. 28):  End of Module.

 CONCEPTS & VOCABULARY:

 Anxiety disorders

Bi-Polar

Chronic

Civil court ordered treatment

Competence (legal meaning)

Co-occurring disorders

Deferred Prosecution

Delusion

Depression (mental health context)

Discretion (police, prosecutorial,  judicial)

Diversion from prosecution

Discharge Planning

Dual Diagnosis

Due Process

Felony

Formulary

Hallucination

Insanity

Jail

Jail Diversion

Manic Depression

Mental Health Court

Misdemeanor

Negligence

Parole

Post Traumatic Stress Disorder (PTSD)

Prison

Probation

Psychosis

Pseudoscience

Psychiatrist

Psychologist

Recidivisim

Re-Entry preparation

“Rule 11”

Schizophrenia

Stigma

Therapy

“Title 36”

Recommended Reading List:   

Achieving the Promise: Transforming Mental Health Care in America, Report of President’s Commission (2003).  (available on internet & on Blackboard)

Clinical Guide to the Treatment of the Mentally Ill Homeless Person, by Paulette Marie Gillig  [Chapters 7 & 8 online at Blackboard--book available in Academic Library]

Community Corrections in America: New Directions and Sounder Investments for Persons with Mental Illness and Codisorders, by Arthur Lurigio [Chapters 1 & 2 online at Blackboard & in Government Documents at Academic Library]

The Criminalization of Mental Illness  Crisis and Opportunity for the Justice System, by Risdon N. Slate and W. Wesley Johnson (2008)  Caroline Academic Press.

[Chapters 3 and 11 posted on Blackboard]

Handbook of Correctional Mental Health, Edited by Charles Scott, MD, and Joan Gerbasi, JD, MD. American Psychiatric Association (2005) (book available at Academic Library) [Chapters 3 & 4  posted on Blackboard]

The Homeless, by Louise Gerdes [Chapter 2 online at Blackboard & full book available at Academic Library]

    Jailing Communities The Impact of Jail

Expansion and Effective Public Safety Strategies,

  April 2008, Justice Policy Institute (available on

 Blackboard and online at www.justicepolicy.org)

 Juvenile Justice Sourcebook: Past, Present and Future   by Albert R. Roberts [Chapter 12 online at Blackboard]

Keeping the Peace: Police Discretion and Mentally Ill Persons,  by Linda A. Teplin  (July 2000)  National Institute of Justice Journal. (Available online & on Blackboard)

Mad in America: Bad Science, Bad Medicine, and the Enduring Mistreatment of the Mentally Ill, by Robert Whitaker  [Chapter 11 and Epilogue online at Blackboard-- full book available at Academic Library]

Mental Health Issues in the Criminal Justice System, Edited by Daniel W. Phillips, III Ph.D (2008), The Haworth Press.  (book available at Academic Library) [Preface & Chapter I  & Chapter by Michael Weaver on Blackboard]

 Mentally Ill Offenders in the Criminal Justice System:  An Analysis and Prescription,  The Sentencing Project 2002 (available online)

Mentally Impaired Offenders and the Criminal Justice System, by Sarah Wolfe, The Texas Bar Journal, March 2006 (available online)

The Numbers Count: Mental Disorders in America,  National Institute of Mental Health (NIMH) (available online at www.nimh.nih.gov & link posted on Blackboard)

 Prison Madness: the Mental Health Crisis Behind Bars and What We Must Do About It, by Terry Allen Kupers [Chapters 1 & 2 online at Blackboard & full book available at Academic Library]

 Total Confinement: madness and reason in the maximum security prison by Lorna A. Rhodes (2004) University of California Press (Available online at AWC & NAU Yuma Library)

Women in Prison, by Joan Esherick [full book available at Academic Library & Chapters 1 & 3 on Blackboard]

 Rules 11 & 26.5  of Arizona Rules of Criminal Procedure,

Arizona Revised Statute (ARS) Section  13-502 (insanity defense),

ARS Title 36 sections relating to court ordered mental health evaluations & treatment.

 More Recommended Reading:  

 Acting Out: Maladaptive Behavior in Confinement, By Hans Toch and Kenneth Adams. American Psychological Association (2002).

Back to the Asylum:  The Future of Mental Health Law and Policy in the United States, by By John Q. LaFond, JohnQ. La Fond, Mary L. Durham, Oxford University Press US (1992)

 Beyond Reason: The Death Penalty and Offenders with Mental Retardation, by Human Rights Watch (2001)

Care of the Mentally Disordered Offender in the Community (Oxford Medical Publications)

by Alec Buchanan Oxford University Press; 1st edition (January 15, 2002)

Coordinating Community Services for Mentally Ill Offenders:  Maryland’s Community Criminal Justice  Treatment Program, by Catherine Conley, National Institute of Justice (April 1999)

Crazy in America:  The Hidden Tragedy of Our Criminalized Mentally Ill, by Mary Beth Pfeiffer (2007)  Carroll & Graf Publishers

Criminal behaviour: A psychosocial approach (7th ed.) by Bartol, C. R., & Bartol, A. M. Englewood Cliffs, NJ: Prentice Hall (2005);

Diagnosis: Schizophrenia by Rachel Miller, Susan Mason (2002) Columbia University Press

Diagnostic and Statistical Manual of Mental Disorders, 4th Edition,  Text Revision (American Psychiatric Association 2000)  –useful reference book – available at Barnes & Noble.

The Discovery of the Asylum  Social Order and Disorder in the New Republic  by David J. Rothman  (1990)  Little, Brown & Company [Instructor has copy]

Emerging Judicial Strategies for the Mentally Ill in the Criminal Caseload: Mental Health Courts in Fort Lauderdale, Seattle, San Bernardino and Anchorage,  by John S. Goldkamp and Cheryl Irons-Guynn, (April 2000) Crime and Justice Research Institute, Bureau of Justice Assistance, Office of Justice Programs, U.S.

 Games Criminals Play And How You Can Profit By Knowing

Them, Allen, B. & Bosta, D. (1981) Rae John Publishers

 Handbook of Forensic Mental Health with Victims and OffendersAssessment, Treatment and Research,   by  David W. Springer and Albert R. Roberts,  (2007) Springer Publishing Company;

Juvenile Offenders and Mental Illness:  I Know Why the Caged Bird Cries,  Ed. Lisa A. Rapp-Paglicci (2006) Book News, Inc.  (Available through Kline Library)

Improving Responses to People with Mental Illnesses  The Essential Elements of a Mental Health Court,  Michael Thompson, Dr. Fred Osher, Denise Tomasini-Joshi,  A Report prepared by the Council of State Governments Justice Center, Criminal Justice/Mental Health Consensus Project for the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice  (2008) (available online at http://www.ojp.usdoj.gov)

Law and Mental Health:  a Case-Based Approach, by  Robert G. Meyer and Christopher M. Weaver, Guilford Press (2005)

Madness in the Streets:  How Psychiatry and the Law Abandoned the Mentally Ill, by Rael Jean Isaac and Virginia C. Armat  (1990) The Free Press  A Division of Macmillan, Inc. [Instructor has copy]

 Mentally Disordered Offenders: managing people nobody owns, by David Webb (1999) (Available AWC & NAU Yuma Library Online)

 Offenders with Developmental Disabilities, by William R. Lindsay,  John L. Taylor and  Peter Sturmey (2004) Wiley;

Out of the Shadows: Confronting America’s Mental Illness Crisis  by Dr. E. Fuller Torrey (1997) John Wiley & Sons

Policing Persons with Mental Illness: The Pennsylvania Experience, Jim Ruiz (2002) Pennsylvania State Data Center;

Prison Madness:  the mental health crisis behind bars and what we must do about it, by Terry Allen Kupers (1999) (Available at AWC-NAU Yuma Library)

Serving Mentally Ill Offenders: Challenges and Opportunities for Mental Health Professionals, by Gerald Landsberg, Marjorie Rock, and Lawrence K.W. Berg (2002) Springer Publishing Company;

Street Crazy:  America’s Mental Health Tragedy, by Stephen B. Seagar, (2000) Westcom Press

(about the homeless mentally ill)

Surviving Schizophrenia: A Manual for Families, Patients, and Providers  (5th Edition) by E. Fuller Torrey,  Harper Collins

Treating Adult and Juvenile Offenders With Special Needs, Edited by Jose Ashford, Bruce Sales and William Reid. American Psychological Association (2001).

“Why It is Essential to Teach About Mental Health Issues in Criminal Law (and a Primer on How to Do It)” by Richard E. Redding, Villanova University School of Law, Public Law and Legal Theory, (2004) Washington University Journal of Law & Policy;

 Case law:

 Clark v. Arizona, 548 U.S. 735 (2006)  Arizona’s Guilty Except Insane

 Sell v. United States, 539 U.S. 166 (2003) Forced medication for trial competence purposes may be permissible only under certain circumstances

 Atkins v. Virginia, 536 U.S. 304 (2002) The Eighth Amendment prohibits execution of the mentally  retarded.

 Pennsylvania Department of Corrections v. Yeskey, (US Supreme Court) (1998)  The Americans With Disabilities Act (ADA) of 1990 applies to state prisoners.

Foucha v. Louisiana 504 U.S. 71 (1992) [T]he Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who is insane.”

 Ford v. Wainwright, 477 U. S. 399 (1986) [T]he Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who is insane.”

 Addington v. Texas,  441 U.S. 418 (1979)

Bowring v. Godwin, 4th Circuit (1977) psychiatric needs are included in serious medical needs.

 Estelle v. Gamble (1976):  Withholding of medical care for prisoners and 8th Amendment Cruel and Unusual Punishment – authorities cannot incarcerate persons with “deliberate indifference” to prisoners serious medical needs,

O’Connor v. Donaldson,  422 U.S. 563 (1975)

Jackson v. Indiana,  406 U.S. 715 (1972)  due process is violated by involuntarily committing a defendant solely because he is incompetent when there is no reasonable probability that he will ever become competent.

Lake v. Cameron (1966):  least restrictive alternative for treatment

 First hand accounts of mental illness (Fiction and Non-fiction)

(Many of these are available through the NAU Library,  Amazon.com and/or Barnes & Noble) 

 Anthology of a Crazy Lady:  A Creative Cure Through Writing & Art, by Susan L. Heisler (2000)

 Autobiography of a Schizophrenic Girl  The True Story of “Renee”,  with an analytic  interpretation by Marguerite Sechehuye, translated by Grace Rubin-Rabson (1951) (1968 Merideth Books) [available at Barnes & Noble]

 The Beast  A Reckoning With Depression  by Tracy Thompson (1995) G.P. Putnam’s Sons [Instructor has copy]

A Beautiful Mind by Sylvia Nasar (1998)

 The Bell Jar by Sylvia Plath (1963) [Instructor has copy]

A Brilliant Madness: Living with Manic Depressive Illness by Patty Duke and Gloria Hochman (1992)

 A Clockwork Orange by Anthony Burgess (1962)

The Center Cannot Hold: My Journey Through Madness by Elyn R. Saks (2007)

The Day the Voices Stopped:  A Memoir of Madness and Hope, by Ken Steele, Claire Berman, Stephen M. Goldfinger (2001) Basic Books

Detour My Bipolar Road Trip in 4-D by Lizzie Simon (2002) Atria Books [Instructor has copy]

ElectroBoy, A Memoir of Mania, by Andy Behrman  (2003) Random House

Girl, interrupted by Susanna Kaysen (2000) Thorndike Press [available at Barnes & Noble]

I am not sick I don’t need help by Xavier Amador (2007)  Vida Press

Is There No Place On Earth For Me? By Susan Sheehan (1982) (Pulitzer Prize winning biography of a schizophrenic woman)

Me, Myself, and Them: A Firsthand Account of One Young Person’s Experience with Schizophrenia (Adolescent Mental Health Initiative) by Kurt Snyder, Raquel E. Gur, Linda Wasmer Andrews (2007) Oxford University Press

My Confession by Leo Tolstoy

 One Flew Over the Cuckoo’s Nest by Ken Kesey (1962);

Out of Her Mind Women Writing on Madness edited by Rebecca Shannonhouse, The Modern Library, New York (2000)

Prozac Nation  A Memoir, by Elizabeth Wurtzel (1994) Riverhead Books, NY [available at Barnes & Noble]

 The Quiet Room  A Journey Out of the Torment of Madness,  Lori Schiller and Amanda Bennett (1994) Warner Books

Recovered, Not Cured:  A Journey Through Schizophrenia, by Richard McClean (2003)

 Snake Pit, by Mary Jane Ward (1946)

Stranger On The Planet  The Small Book of Laurie  by Claire Burch (1997) Regent Press [Instructor has copy]

“A Streetcar Named Desire” by Tennessee Williams (1947) (play)

“Suddenly, Last Summer” by  Tennessee Williams (1958) (play)

Sugar and Salt:  My Life With Bipolar Disorder, by Jane Thompson (2006) Authorhouse

 Sybil by Flora Rheta Schreiber (1973)

The Three Faces of Eve by Dr. Hervey M. Cleckley & Dr. Corbett H. Thigpen (1957)

‘The System of Doctor Tarr and Professor Fether” by Edgar Allan Poe (1844) (short story)

“The Unicorn in the Garden” short story by James Thurber (1939)

 Recommended Documentary Films:  

The Released, 2009 documentary by PBS

The New Asylums,  2005 documentary by PBS Frontline:

http://www.pbs.org/wgbh/pages/frontline/shows/asylums/etc/synopsis.html

 Films that depict mental illness, mental impairment, mental hospitals, psychiatric treatment or societal attitudes or beliefs regarding the mentally impaired: 

 Angel Baby  (Schizophrenia) (Directed by Michael Rymer) (Australian film) (1995) (US release 1997), The Aviator (Leonardo DiCaprio & Kate Blanchett –directed by Martin Scorsese)(2004), Awakenings (Robin Williams) (1990),  A Beautiful Mind (schizophrenia) (Russell Crowe) (2001), The Bell Jar (2008 & 1979),  Benny and Joon (Johnny Depp) (1993),   Call Me Anna (made for television movie about actor Patty Duke’s struggle with bipolar illness) (1990), Chattahoochee (Gary Oldman & Dennis Hopper) (1990),  A Clockwork Orange (Malcolm McDowell)(directed by Stanley Kubrick) (1971), Conspiracy Theory (Mel Gibson & Julia Roberts) (1997), Dare to Love (1995), Dialogues With Madwomen (documentary by Allie Light) (1993) (won Emmy Award 1994), Donnie Darko (2001),  Fatal Attraction (Glenn Close & Michael Douglas) (1987), The Fight Club (Brad Pitt) (1999),  Forget Me Never (Alzheimers) (Mia Farrow) (1999), Frances (Jessica Lange) (1982) , Girl, Interrupted (Winona Ryder, Angelina Jolie, Vanessa Redgrave, Whoopi Goldberg) (2000),  Gothika (Halle Berry & Robert Downey, Jr) (2003),  Harvey  (Jimmy Stewart), King of Hearts (French film) (1966),  K-PAX (Kevin Spacey, Jeff Bridges, Mary McCormack) (2001),  The Manchurian Candidate (“brain washing” & assassination) (both versions – 1962 –Frank Sinatra & Angela Lansbury– & 2004—Denzel Washington & Meryl Streep),  Mr. Jones  (Richard Gere) (1993), One Flew Over the Cuckoo’s Nest  (mental hospitals & lobotomy) (Jack Nicholson) (1975), Open Your Eyes (Abre los Ojos) (Penelope Cruz) (Spanish film)  (1997),  Patch Adams (Robin Williams), Pi (1998),  Prozac Nation (Christina Ricci) (2003),  Rain Man (autism) (Dustin Hoffman & Tom Cruise) (1988), Requiem for a Dream (Ellen Burstyn) (2000), The Saint of Fort Washington (homelessness & mental illness) (Danny Glover & Matt Dillon) (1993), Session 9 (directed by Brad Anderson) (2001),  Sharon’s Secret (made for TV, directed by Michael Scott) (1995), The Shining  (Jack Nicholson) (1980), Snake Pit (1948) (Olivia de Havilland),  Spellbound (directed by Alfred Hitchcock) (1945), A Stranger to Love  (brain damage-amnesia) (Beau Bridges)(1996),  A Streetcar Named Desire (“nervous breakdown” & civil commitment) (1951)  (Vivien Leigh & Marlon Brando),  Suddenly, Last Summer (mental hospitals & lobotomy) (Elizabeth Taylor & Katherine Hepburn) (1959),   Sybil (Sally Field & Joanne Woodward) (1976),  The Three Faces of Eve (Joanne Woodward) (1957),  Spider (directed by David Cronenberg) (2002),  Terminator 2: Judgment Day (Arnold Schwarzenegger & Linda Hamilton) (mental hospitals) (1991), Titicut Follies (mental hospitals) (documentary by Frederick Wiseman) (1967), Through a Glass Darkly (directed by Ingmar Bergman) (Max von Sydow) (1961),  Twelve Monkeys (mental hospitals) (Bruce Willis & Brad Pitt) (1995), The Unicorn in the Garden (animated adaptation of James Thurber’s short story) (1953), Vanilla Sky (Tom Cruise, Penelope Cruz, Kurt Russell) (2001).

 

 

 

 

 

 

 

_____ Seq. Number, MENTALLY IMPAIRED OFFENDERS

 3 credit hours

 

Prequisites :  _______

Mentally Impaired Offenders Syllabus

instructor :  Mary White

contact information : maryewhite1@gmail.com

mary.white@yumacountyaz.gov

928-817-4335 (office)

928-257-9824

Course Description :  

This course is designed to introduce students to  problems involving mentally impaired persons in the U.S. criminal justice system.  The course covers issues  pertaining to mentally impaired persons at all stages of the criminal justice system from initial encounters with law enforcement on the street through imprisonment.   The interface between the criminal and civil justice systems,  in regard to mental impairment, is explored.   Various forms of mental impairment are described as they affect approaches, decision making and policies in law enforcement, the courts and corrections.

Students must also complete readings, written assignments and a research paper which focus upon the issues pertaining to mentally impaired offenders.

Classroom lectures and guest speakers will supplement the readings, written assignments and research.

This course is particularly relevant for students enrolled in any of the degree programs in the areas of Administration of Justice, Criminal Justice and Human Relations, as well as for students who plan to enter the fields of corrections, education, law,  law enforcement, psychology, public administration and social work.

Course objectives :

By the end of the course, students will be able to :

1.  Demonstrate knowledge of current problems involving mentally impaired offenders in the U.S. criminal justice system.  This will include :

a. Understanding how mental impairment results in criminal incarceration for criminal behavior.

b. Understanding of problems within jails and prisons relating to mentally impaired inmates.

c. Overview of basic issues regarding criminal prosecution and defense of mentally impaired defendants.

2. Provide an overview of the approaches currently being used or proposed for solving these problems.

3. Explain alternatives to criminal incarceration for mentally impaired offenders  (civil court ordered treatment, jail diversion programs, etc.)

4. Demonstrate knowledge of the history and causes of the large numbers of mentally impaired homeless and/or incarcerated in jails and prisons.

Required Textbooks:

Earley, Pete,  Crazy  (2006 G. P. Putnam’s Sons)

Torrey, E. Fuller, The Insanity Offense (2008 W.W. Norton and Company)

Other readings will be placed on electronic reserve and can be accessed through ___________

Course structure:  

This course will be presented in four learning modules.  Each module utilizes a combination of  lecture, class discussion & role play exercises, guest speakers,  educational films, readings  and written reports.   Students are encouraged to complete extra credit projects which complement the information being presented in the course.  A list of extra credit activities is provided on the Course Home Page.

The first module covers history  and over view of the problem of mentally impaired offenders, as well as its current effect upon crime and law enforcement.  The history of deinstitutionalization of the mentally ill is described.   The current restrictions on civil commitment for mental illness are covered.   Typical police encounters with mentally impaired persons are described and the various situations in which mentally impaired persons end up being arrested and charged with crimes are explained.   This module covers basic law enforcement techniques and resources for handling street situations involving mentally impaired.  Types of mental impairment are described as they relate to police decision making and policies.

The second module focuses upon  the scope of the problem of mentally impaired persons in the criminal justice system.  National and local statistics as to numbers of mentally impaired in the criminal justice system, particularly in jails and prisons are given to the extent available.   The cost to taxpayers and the effects upon the local criminal justice system are described.  Problems in jail and prison administration regarding the mentally ill are covered.   Effects of jail and imprisonment upon the mentally ill and recidivism are described.

The third module covers problems in criminal prosecution and defense of mentally impaired defendants.   Among the concepts introduced and discussed are competency to stand trial,  due process, prosecutorial discretion, guilty except insane verdicts, mitigating factors, and capital punishment.

The fourth module presents possible solutions to the problems.  The concept of “jail diversion” which diverts lower level offenders with mental illness from jail into treatment is explored.  Jail and prison discharge or re-entry planning is demonstrated   The need for better mental health care in jails and prisons is explored.   The possibility of revising laws as to civil commitment to better handle the dangerously mentally ill is covered.  Resources and lack of resources for community mental health treatment are studied.

There are due dates in each module and all assignment papers, exams, etc. must be completed by the due date. You have some flexibility in completing the activities within modules, but once a module due date has passed that module will be closed and you will not be able to submit activities for that module.  The ONLY EXCEPTION to this policy will be if you are granted permission from the instructor PRIOR TO the module due date.  The permission will be based on the student providing documentation, where necessary, supporting the need to make up work.

The four learning modules for this course are listed below.  All activities for each module must be completed by the Module Due Date listed.

The following activities are to be completed in this course: 

1) Written assignments.   There is a reading each week with a written assignment to be completed regarding that reading.  These assignments are designed to complement the classroom learning process.   They are not classroom activities in themselves.  Concepts and information from readings and written assignments are included in class but classroom time is not spent simply going through the reading.

2) Module Exams.   At the end of Modules 1, 2 and 3, there will be a written examination.  You will be given a comprehensive  final examination at the end of module 4.   The three module exams will cover the classroom activities and readings for each module.

3) Final Exam.  There will be a comprehensive final exam at the end of the course.  Students who have completed the three module exams and have an A or B in the course do not need to take the final exam.

4)  Research project.    You may choose the topic for this research from a list  provided by the instructor.  These topics are designed to enhance in depth understanding of the subject matter of the course.   You may choose to research a topic that is not on the instructor’s list provided that you obtain advance approval from the instructor.

You will choose your topic early in the semester and a rough draft will be due mid-semester.  The research topics and full instructions for the format of  this research project are listed on the Course Home Page.

5)  Participation/Collaboration:  Students must participate in role play and other classroom exercises.  Thiswill be not more than 25% of the total grade.

6)  Extra credit assignments are listed on the course homepageStudents must have completed the Research Project and at least 50% of written assignments in order to be eligible for Extra Credit points. 

Schedule of Assignments

Module I:

History  and over view of the problem of mentally impaired offenders, as well as its current effect upon crime and law enforcement.

Assignment  1:

Read: Pages 1-18 (Preface & Mike’s Story 1 & 2) of Crazy by Pete Earley

Read: Ch. 1 (“Introduction: The Origins of a Disaster”) in The Insanity Offense by E. Fuller Torrey

Read:  “Keeping the Peace: Police Discretion and Mentally Ill Persons”,  by Linda A. Teplin  (July 2000)  National Institute of Justice Journal: http://www.ncjrs.gov/pdffiles1/jr000244c.pdf

(Posted online at NAU’s course home page)

Read selected chapters from Shannonhouse, Rebecca,  Out of Her Mind Women Writing on Madness (2000 The Modern Library New York)

Answer the following questions in writing:

From Earley’s book:

1.  What is the reason that author Pete Earley’s son Mike was not able to stay longer than four (4) days the first time he entered a private mental institution?

2.   In Arizona, could Mike have been arrested and charged with a crime for having closed his eyes while driving and caused a car crash?   If so, what crime or crimes?

Do you agree with the way the police officers handled this situation?

3: Why did the emergency room doctor refuse to admit Mike for mental health treatment?

4: In Arizona, could Mike have been arrested and charged with crimes for breaking into the house and causing property damage?  If so what crimes?

Do you agree with the way the police officers handled this situation?

What could have happened to Mike if the residents of the house had been home when he broke in?

5. What charges were filed against Mike and why were charges filed?

Do you agree with the prosecutor’s decision to file charges?

6:  What lie did author Pete Earley have to tell in order to get his son admitted into a hospital psychiatric ward?

Even though Mike was admitted to the hospital, could he be given medication against his will?

7.Did Mike have a right to a hearing on whether he should be forced to remain in the hospital?

8.What was the job of the lawyer appointed to represent Mike at his mental health hearing?

9: What do you think about the reaction of the wife whose house was broken into?

10. What would your reaction be under the circumstances?

From Torrey’s book answer the following:

1. To what does the word “deinstitutionalization” refer?

2. According to Torrey, an increase in homelessness was a consequence of releasing the mentally ill from hospitals and failing to provide aftercare.

What are three more consequences that he lists?

3.  What is the story (25 words or less) of  Andrew Goldstein?

4. From the information provided, do you think Mr. Goldstein would have murdered Kendra if he had been closely supervised and made to take his medication?

From “Keeping the Peace”,  answer the following questions in writing:

1. What are the two common law principles which come into play when police must respond to mentally ill persons?

2. What are three choices a police officer has in dealing with an irrational person who is causing a disturbance?

What are some problems involved in each of these choices?

3. What are four policy recommendations for preventing mentally ill persons from being criminalized?

Classroom activity:  role play police encounters with mentally ill on street

Assignment 2:

Read  Cordner, Gary  “People with Mental Illness – Problem Oriented Guide for Police”, Community Oriented Policing Services, U.S. Department of Justice — on VISTA in Readings from Internet.

Read  Reinhart, Mary K. “Pam’s Story”, (Dec. 28, 2007 East Valley/Scottsdale Tribune)   Copyright: Freedom Communications/Arizona  (Posted online)

Read  Earley, Chapters 1 and 2, pp. 37-57 in Part One “The Ninth Floor”

Read Torrey’s Ch. 2, “Death by the Roadside” Read Chapter 2  (Zehr) and complete written assignment posted online.

From Earley’s book, answer the following questions:

1. What is the official name of the Miami-Dade County jail?

2. According to the book, what is a “correctional officer”?

3. What kinds of prisoners are housed on the 9th Floor?

4.  What kinds of prisoners are housed on the 8th and 10th Floors?

5. On the 9th Floor, what kinds of inmates are housed on C Cell Block?

6.  What does C Wing smell like?

7.  Describe the noise in C Wing.

8.  What is the temperature in C Wing?

9.  How many correctional officers are on duty in C Wing?

10.  How many women?   Men?

11.  Do these officers get any special training?

12.  Do they get extra pay?

13.  What is their responsibility?

14.  Describe the first 6 “suicide cells”.

15.  Describe the other 13 cells.

16. Do any of the mentally ill inmates on the 9th Floor have TV?  Radio?  Magazines or books to read?  Writing materials?

17. How would you react if you were locked up on C Wing under the conditions described?

18. What is the story of the inmate named Mr. Boreman?

19. Who said,  “Most mentally ill inmates do stupid things, not bad things.”

20. How did the inmate in cell 7 end up back on C Wing even though he had been stabilized and transferred out? (See bottom of page 51)

21.  When a mentally ill person is booked into jail, what kind of information does the jail receive about his medical/mental condition?  (See p. 53-54)

22.  Why does Dr. Poitier have to prescribe Risperdal even though the inmate in cell 12 is asking for Zyprexa? (See p. 54).

23.  What can happen when a mentally ill patient switches medications?  (See p. 54).

24.  What were the clues that the kid in cell 14 was faking mental illness?

25.  Why would he fake this?

26.  Why did the doc keep him on suicide wing even though the doc thought he was faking?

27.  What were Mr. Adams’ problems? Why does he keep getting sent back to jail?  (See p. 56)

28.   How many of the jail’s “most dangerous and unpredictable” mentally ill inmates were on the ninth floor on the day described by the author?

29.   How much  time did Dr. Poitier, the jail psychiatrist, spend with each inmate during his rounds that day?

From Torrey’s Ch. 2, answer the following:

30. How old was Malcolm when he first began showing symptoms of mental illness?

31. Would Malcolm take his medication voluntarily?

32. Why couldn’t Malcolm be forced to take medication?

33. What did the local mental health centers tell his mother when she called for help? (See p. 16) 

Assignment 3:

Read selected chapters from  Gerdes, Louise, The Homeless (2007 Detroit: Greenhaven Press) and answer written questions posted online.

Read Torrey’s Ch. 3 “Thirteen Murders to Prevent an Earthquake”

From Torrey’s Ch. 3, answer these questions in writing:

1.  At what stage in his life did Herb Mullins begin showing signs of mental illness?

2.  After he became severely mentally ill, what were some of Herb’s symptoms?

3. What was California’s Lanterman-Petris Short Act?  Under this law, what had to be proved in order to keep Herb in a mental hospital against his will?

4. Before this law was passed, what had to be proved to do so?

(See page 28 for answers to #3 & #4)

5.  Did Herb voluntarily take his medications?  What happened as a result of his untreated severe mental illness?

6. In California, at the time of the passing of the Lanterman-Petris-Short Act,  why would  state government officials see it as saving money? (see pages 29-30)

7. How did deinstitutionalization and California’s Lanterman-Petris-Short Act result in Herb’s not getting treatment for his mental illness? (p. 38-39)

Classroom activity:  Guest speaker Yuma Police Officer who has experience and training in handling mental health issues.

Module Exam #1:  At end of module.

Module 2:  The scope of the problem of mentally impaired persons in the criminal justice system.

Assignment 4:

Read Chapters 3, 4, and 5 (pp. 58-85) in Earley’s book  and answer the questions.

Read the excerpt from National Institute of Mental Health (NIMH) website (Posted on VISTA, under Course Content, “Readings from Internet”)

Read Torrey’s Chapter 4 “The Odds are Still in Society’s Favor”

Written assignment (Earley):

1.            How does Judge Leifman’s misdemeanor diversion program work?

2.            What does the term “diversion” mean in this context?

3.            What is the success rate of this misdemeanor diversion program?

4.            Does it apply to felonies also?

5.            What is a “lunatic”?   (use a dictionary)

6.            What is an “asylum” in the context of mental illness?

7.            What reform did Dorothea Dix convince the states to carry out?  During what century?

8.            What went wrong with this reform?

9.            What is a “lobotomy”?   (You may wish to look this up in a dictionary and/or encyclopedia)

10.            How did the discovery of Thorazine play a role in deinstitutionalization of the mentally ill?

11.            In Octover 1963,  on what did President Kennedy authorize Congress to spend up to $3 billion?

12.            According to Pete Earley’s research,  what three books, and one movie, convinced Middle America that psychiatry was a “pseudoscience”?

13.            What is a “pseudoscience”?

14.            What does it mean when a criminal defendant is “competent”?

15.            How did the psychiatrist explain how the state hospital gets mentally ill defendants competent enough to be put on trial?

16.            After a defendant is made competent and put on a bus back to jail,  what kinds of things go wrong that make the defendant become incompetent again before he/she can complete their ciminal case?

17.            What is the ‘revolving door” in the context of the jail and incompetent defendants?

18.            In Florida, what happens to a  mentally ill defendant who is found not guilty by reason of insanity?

Written assignment  (NIMH):

1.  According to NIMH, what percentage of Americans, age 18 and over, suffer from a diagnosable mental disorder?

2. Is “mental disorder” the same as “serious mental illness”?  If not, what is the difference?  (you may have to look this up in other sources)

3. According to NIMH, what is the leading cause of disability in the U.S. and Canada for persons ages 15-44:

4. Is it possible for a person to suffer from more than one mental disorder at a time?

5. What is the name of the reference book used in the US to diagnose mental disorders?

Classroom activity:  Guest speaker:   Yuma County Sheriff’s Detention Supervisor regarding mentally impaired offenders in Yuma County Adult Detention Facility (jail)

Assignment 5:

Read Chapter 6 (pages 86-98) of Earley’s book.

Read selected Chapter 2 in Kupers, Terry Allen, Prison Madness: the Mental Health Crisis Behind Bars and What We Must Do About It  (posted online)

Read Torrey’s Ch. 5 “The Killing of Three Devils”

Written assignment (Earley):

1.  What kind of changes can be observed in mentally ill inmates who voluntarily take their antipsychotic medications?

2. How has medication been observed to help the inmate Freddie Gilbert?

3.  Inmate Ted Jackson repeatedly asked for his medication in jail but was never given any.  Why do you think this happened?

4.  Ted Jackson was given only sedatives to keep him quiet while he was at the community mental health center.  Why do you think this happened?

5.  Do you believe the Miami Police assaulted Ted Jackson?  Do you think our Yuma Police Department would handle the arrest in the same manner as Miami?

6.   Do you think Judge Leifman’s misdemeanor diversion program helped Ted Jackson?  If so, how?

Could Judge Leifman’st program be improved?  If so, how?  Would improving the diversion program cost money?  If so, what would add these additional expenses?

7.  Do we have a misdemeanor diversion program for mentally ill inmates in Yuma County?  Who would be the person, or persons, best able to start and lead the process of planning this?

Written assignment (Kupers):

1:  What is post traumatic stress disorder (PTSD)?

2:  What are common symptoms of a prisoner who has PTSD?

3:    List at least 3 specific prison conditions that may cause PTSD or make it worse.

4:   Describe conditions at Pelican Bay State Prison that can cause PTSD or psychotic symptoms.

5:  What is “cell extraction” and why does the author think it is pointless, especially for a mentally ill prisoner?

6:  Instead of “cell extraction” what would be a better way to handle the situation when a prisoner refuses to return a food tray or refuses to “cuff up”?

7:  Are persons who are taking psychiatric medications more prone to injury from tasers?   If so, why?

8:  What are the “riot guns” that replaced tasers at California’s Vacaville prison?   How are they likely to harm anyone, especially mentally ill persons?

9:   Extra credit:  Find out whether riot guns are still being used at California’s Vacaville prison during cell extractions.

Classroom activity:  View online PBS documentary The New Asylums (2005 PBS Frontline)

(First one-third of film) and discuss in class.

Assignment 6:

Read Chapters 7, 8, and 9 (pp. 99-122) in Earley’s Book.

Read Torrey’s Ch. 6 “The Sad Legacy of Ms. Lessard”

Reading Chapter I in Clear,  Todd, entitled  “Challenges of Responding to Persons With Mental Illness in the Penal System Community Corrections” (posted online)

Read selected chapters in Kupers, Terry Allen, Prison Madness: the Mental Health Crisis Behind Bars and What We Must Do About It  (posted online)

Answer the following questions from Clear’s chapter:

1: If we believe it is wrong to force medication upon a mentally ill person,  what should we do when that untreated mentally ill person commits a crime?

Should we then punish them?  Or should we force them to undergo treatment?  Or both?

2: How may a “risk management” approach to probation and parole which imposes strict supervision such as “intensive probation” on “high risk” defendants, result in higher failure and incarceration rates of these defendants?

3:  Mentally impaired prisoners are likely to misbehave.  How does  author  Clear recommend that this be handled?

From Kupers, answer these questions:

1.            According to Kupers,  during a single year, what percentage of state and federal prison inmates suffer from a mental disorder serious enough to require intensive treatment?

2.            What does Kupers mean by the “triply diagnosed” and the “quadruply diagnosed”?

3.            What is the “criminalization of homelessness”?

4.            What is the effect upon the mentally ill of this?

5.            What is Administrative Segregation (Ad Seg)?  (p. 19)

6.            What four themes are omnipresent in the stories of women prison inmates suffering from psychiatric disorders?  What does “omnipresent” mean?

7.            In prison, what is more important to the officers running the prison—security concerns or clinical concerns?  What are “clinical” concerns?

8.            Many psychiatric medications affect reaction time or awareness of surroundings,  how can this endanger a mentally ill prison inmate?

9.            If a mentally disordered prisoner gets into a fight with another prisoner,   does the prison increase his mental health treatment or is he punished instead?

10.            What kinds of punishment are imposed?

11.            What is the effect of these punishments upon a mentally disordered person?

12.            The author often uses the adjective “recalcitrant” in describing mentally disordered prisoners?  What does this word mean?

13.            What happened to jail inmate Steven when the intake social worker ordered him to be taken to a  safety cell in the psychiatric unit? (p. 26-27)

14.            What does “toplocked’ mean?  (p. 28-29)

Written assignment:

1. What is NAMI?

2.  If you or a relative suffer from mental illness, what kind of help, if any, can you get from this organization?

(Do some research and cite your sources. Do not simply rely on Earley’s book)

3. What is anosognosia?

4.  How does anosognosia affect whether a mentally ill person receives treatment?

5. True    False    A medication such as Abilify has the same result with every  mentally ill person who takes it.

6.  True  False  Mental illness is the result of a chemical  imbalance in the brain.

7.  True  False   You can choose not to be mentally ill.  It is simply a matter of will power.

8.  True False   Mental illness is a lifelong illness.

Classroom activity:  View online PBS documentary The New Asylums (2005 PBS Frontline)

(Second  section of film) and discuss in class.

Assignment 7:

Read Slate’s Ch. 3,  in Slate, Risdon and Johnson, Wesley, The Criminalization of  Mental Illness Crisis and Opportunity for the Justice System (2008 Caroline Academic Press)

Torrey’s Ch. 7 “God Does Not Take Medication”

From Slate,  complete the following written assignment:

1. What is “managed care” in reference to health care systems?  How does it harm mental patients? (p. 36)

2.  In most areas of the US, what happens to a person’s Medicaid benefits when they are detained in jail?  (P. 38).  How does this affect the mentally ill person’s ability to get treatment upon being released?

3. What is a “preferred drug list”?  (P. 39-40)  What can happen to a mentally ill person whose insurance will not pay for the brand of medication recommended by their doctor but instead must take a generic?

4. What happens to jails and emergency rooms when there is not enough publicly funded treatment for the mentally ill? (p. 45)

5. What is stigma?  How does this concept relate to the mentally ill? (p. 49-50)

6.What are the three largest inpatient psychiatric facilities in the U.S.?   (p. 59)

Classroom activity: Guest speaker:  mentally impaired former criminal defendant.

Assignment 8:

Read Mike’s Story #3 and Chapters 10, 11 and 12 (pp. 132-161) and

Torrey’s Ch. 8 “The Consequences of Unconstrained Civil Liberties: Homeless, Incarcerated and Victimized”

From Earley’s book, answer the following:

1.  What went wrong with the Mike’s plea agreement?  What stopped him from being able to plead to misemeanors instead of a felony?

2.  What are the consequences to a person of having a felony conviction?  (Do some outside research here).

3. True  False   According to a major study done by the City of Miami in 2003,  all of the city’s 507 chronically homeless people were mentally ill.

What does the word “chronically” mean in the context of illness?

4. True False  According to the same study, 71% of these mentally ill homeless persons refused to live in shelters.

5. True  False  According to the same study, every one of these 507 mentally ill homeless persons had been arrested or jailed.

6.  The Miami Police Department’s CIT is a model for the rest of the nation. What is it?

7. What is an “assisted living facility” (ALF) as described by Pete Earley?

8.  What are some of the problems with the assisted living facilities for the mentally ill in Miami?

9.  Does Yuma County have any private boarding facilities for mentally ill persons?  (Do some outside research — call our local mental health providers.)

10.  Describe Freddie Gilbert’s mental health hearing.

11.  What was the role  of Freddie Gilbert’s court appointed lawyer?

From Torrey’s chapter 8, answer the following:

1.  True or false  According to Torrey, multiple studies have found that at least 1/3 of homeless men and 2/3 of homeless women have serious psychiatric disorders.

2. What happened to Rebecca Smith and Yetta Adams?  Were they diagnosed as mentally ill? (p. 125)

3. Do you think that a mentally ill person should have the right to live on the streets and eat out of garbage cans?

4. Under current Arizona law, we cannot court order a mentally ill  woman, who wanders the streets homeless and delusional,  to undergo treatment.  Such behavior is not considered a danger to self or others.

Do you think our laws should allow her to be left alone in this condition?

5.  If we start requiring court ordered treatment for mentally ill homeless persons, how are we going to pay for it?

Classroom activity:  View online PBS documentary The New Asylums (2005 PBS Frontline)

(Final third of film) and discuss in class.

Module Exam #2:  At end of module.

Module 3:  Problems in criminal prosecution and defense of mentally impaired defendants

Assignment 9:

Read the chapter from Honberg, Ronald, J.D. “The Intersection of Mental Illness and Criminal Law”posted on VISTA and

Read Torrey’s Ch. 9: “The Consequences of Unconstrained Civil Liberties: Violent and Homicidal”

From the Honberg Chapter posted on VISTA, answer the following questions:

1.            Write the definitions of the following words:

lunatic,

competency (criminal law context) and

insanity (criminal law context)

2.            What is the first stage in the criminal justice process where a defendant’s “competency” may be  concern?  What is the second?  The third?

3.            The due process clause of the 5th and 14th Amendments of the U.S. Constitution has been interpreted as requiring that a criminal defendant be “competent”.  What does this mean in the context of the due process clause?

4.            Quote the due process clause of the 14th Amendment:

5.            Who may raise the issue of whether a defendant is competent to stand trial?

6.            According to Honberg, what happens if a Judge has a reasonable doubt about whether a defendant is competent to stand trial?

7.            What happens if the defendant is found “not competent”?

8.            If a defendant who has been found not competent is sent to a mental hospital to receive treatment, what are the goals of this treatment?

9.            What happens when the treatment provider for a “not competent” defendant decides that he/she has been restored to competency?

10.            If a defendant is found “not competent” but cannot be restored to competency, may he be kept locked up for the rest of his life?

11.            What are the State’s choices in this situation?

12.            A competency determination looks at a defendant’s ________state of mind.

13.            A sanity evaluation looks at the defendant’s state of mind at the time of _______.

14.            What is the famous “McNaughton” standard of criminal insanity?

15.            Who has the burden of proving insanity?

16.            According to the few studies that have been done,  do persons found not guilty by reason of insanity spend more time or less time behind bars than persons who are convicted?

17.            Some states have adopted a verdict of “not guilty but mentally ill”.  As a practical matter, does this differ much from a guilty verdict?

18.            The U.S. Supreme Court has held that the 8th Amendment gives prisoners a right to treatment for both physical and mental illnesses.  However, this right is limited to prisoners with a “serious medical need” and requires only that prison officials not be ____________to this need.

19.            True or false:   If a prison is negligent in not providing medical treatment to a prisoner, this violates the prisoner’s right to treatment.

20.            There are several requirements for minimal mental health treatment of inmate set forth in this book chapter and in the case of Ruiz v. Estelle.

List 3 of these requirements.

21.            What is the importance of discharge planning and linkage to services for inmates being release?

22.            What is “discharge planning and linkage to services”?

23.            The U.S. Supreme Court has held that it is cruel and unusual punishment to execute an “insane” person.  In this context, what does “insane” mean?

Assignment 10:

Read Earley’s Chapter 13 (p. 162-168) and

Read Torrey’s Ch. 10 “An Imperative for Change”

From Earley’s chapter, answer the following:

(1) What is the natural friction that exists on the ninth floor between correctional officers and medical personnel?

Could this tension also exists in the attitudes of the general public toward mentally ill persons who commit crimes?

(2) What is the “fail first” system for prescribing medication for mentally ill inmates in the Miami County Jail?  What is the reason for it? (pp. 164-65)

From Torrey’s Chapter 10, answer the following:

(1) Describe “Doug”.   Why is it that he cannot get treatment for his mental illness?

(2) According to Torrey, what is the most important cause of stigma against mentally ill persons? (p. 164)

What does the word “stigma” mean in this context?

(3) List some of the costs to taxpayers caused by untreated mental illness.

Assignment 11:

Read Phillips, Mental Health Issues in the Criminal Justice System (2007 The Haworth Press) Chapter titled “Justice is in the Eye of the Beholder” by Michael Weaver

From Weaver’s account,

answer the following questions:

1) What does the author mean by the expression “Justice is in the eye of the beholder”?

2) What mental disorder does Michael Weaver, the author of this chapter, suffer from?

3) What 2 factors caused the author to decompensate and end up in prison?

4) What benefits to our communities will we see if we improve our prison system so that it helps inmates rather than simply warehousing them?

5) What does the author mean when he says the first 5 years after prison were harder for him than the 5 years in prison?

6) What is the author’s point when he says “Most of the individuals that end up incarcerated are going to wind up back on the streets with all of us someday”.

Assignment 12:

Read Rule 11 of Arizona Rules of Criminal Procedure and selected criminal and civil statutes posted online.  Answer the written questions posted online.

Classroom activity: Guest speaker Civil Deputy County Attorney who handles civil mental health proceedings for Yuma County.

Assignment 13: 

Read Fishkind and Zeller, chapter titled “Psychiatric Emergency Services” posted online and answer written questions.

Read  chapter 4, “Suicide Prevention in Correctional Facilities” in Scott,Charles L. and Gerbasi, Joan, Handbook of Correctional Mental health (2005  Washington, DC: American Psychiatric Pub)  and answer written questions posted online.

Module Exam #3:  At end of module.

Module 4:   Possible solutions to problems involving mentally impaired offenders in the criminal justice system.

Assignment 14:

Torrey’s Ch. 11 “Fixing the System”

From Torrey’s Chapter 11, answer the following:

1. In studies of violent behavior, what are the seven (7) identifying factors which are most frequently found?  (page  180)

2. In the author’s opinion, how many of these factors combined will identify the majority of mentally ill patients most likely to become violent. (page  182)

3. What do you think about the idea of having a national database of “persons with severe psychiatric disorders who have proven dangerous”?  Do you agree or disagree?  Give reasons for your opinion.

Even if you agree that such a database is a good idea, how can it be done without taking away the privacy or liberty of persons who are not dangerous?  What safeguards are needed?

4.  Author Torrey gives a blueprint for an effective system for treatment of the mentally ill.  List each of  the components of this system. (page 185-187)

5.  What are some methods described by Torrey to ensure that persons with severe mental disorders take their medications?

Assignment 15:

Read Earley’s Chapters 14, 15, 16, 17 & 18 (pp. 169-207) and

Read Torrey’s Ch. 12 “Coda: Death by the Roadside”

Complete written assignment as posted online.

Classroom actitivy: Presentation by local mental health crisis team (if such a team exists in your jurisdiction).

Assignment 16:

Read Chapter 20 to the end (Earley) and answer the following in writing:

In Chapter 20:

1.why was the inmate in cell 3, sprayed with OC spray?  Do you think there could have been another way to handle this?

2. Why did the officers punch and twist the arms of the inmate who was obnoxiously complaining about his food?  Could there be a another way to handle this?

3. According to one of the officers who spoke to Mr. Earley, the jail in Miami keeps control of prisoners through _________ and  ____________.

Ch. 31-33:

1. What is Passageway?   Describe it.

2.  True or False.   Passageway is a residence for mentally ill prisoners who have been paroled or mentally ill jail inmates released on condition that they live at Passageway.

3.  What kind of problems did Passageway have in finding a location?

4.  What is the federal Medicaid “sixteen bed” rule and what is its purpose? How does it cause problems for halfway houses like Passageway?

5.  What are the safeguards used by the Passageway program to protect the public from mentally ill, potentially dangerous clients?

6. Is treatment provided at Passageway? If so, what kinds of treatment?

7.  What is the core or bottom line of the purpose of Passageway? (see end of Ch. 33)

8.  Do we have anything like this in Yuma County?

If not, what would be the first step to start such a program?

Classroom activity:  Review for Final Exam.

End of Module:  Research Paper due.

Final Exam:  End of Module.

 

 

 

 

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