RChughes0408
Nov 4, 2022
Research Papers / Research Paper Rough Draft - Culpable Mentality [2]
We have had a justice system in place since the 1780s. As years go by, the system continues to adapt and advance with society. Evidently, the judiciary system has been known to disregard the background of a crime to keep everything 'fair' or in other terms, black and white. There is currently a set number of years that someone can be sentenced based on the crime that is committed; what that doesn't consider is the story behind why this crime was put into action in the first place. If someone is born with or grows to have intellectual difficulties, should they receive the same penalty in a court of law as the 'standard being', even after repeatedly failing tests dealing with mental stability, lacking certain levels of emotional awareness, and continuously failing to understand the basics between what is right and what is wrong?
First and foremost, it is already clear in many situations that someone may be incapable of functioning by themselves out in the real world. As a society, people like to say that everyone, including the justice system, is inclusive and doesn't discriminate amongst the civilians; however, there are still so many cases that a treated with a sense of efficiency over delicacy when it's most needed. A common relatable example is back to being in the classroom, from elementary to junior to high school. At one point or another, every student is bound to run into a child with some form of intellectual difficulty. The kids will always have different levels of understanding of what is going on in their surroundings, some will naturally be born on a slightly higher end of the spectrum. Indisputably, the kids that were higher on the spectrum, the same kids who couldn't function by themselves in the classroom, needed aid by their side 24/7 because they don't process everything in the same order as everyone else. If a kid is unable to function to the point that they cannot open the door, get their water bottle out of their backpack, go to the bathroom, etc., it's easy to wonder how that is going to affect their future. Speaking more to the topic at hand, when thinking about anyone, including oneself, it is easy to get frustrated because things aren't working out the way someone pictured, they would. In many cases that someone is mentally ill, things aren't only harder for them, but in many cases, it is hard for them to communicate the difficulties they are facing. Ellen Stumbo shares, "Perhaps one of the the most recognized characteristics of autism is difficulty with communication - at least the way neurotypically people communicate... Even as adults, many autistic people struggle with communication when interacting with neurotypical individuals." (2019) When someone who is intellectually difficult is already working away from what they planned in their head, and then can't communicate exactly what it is that they are feeling, it is easy for them to react by acting out. Whether that be with tantrums, silence, or violence, once a reaction begins, there are generally only certain ways to alleviate the situation. Yes, this begins with children in school, but as someone with a mental illness grows up, that illness doesn't go away. It can become more retainable, but it will not go away. Just as easily as someone can hide how they are feeling is just how easily someone slips into having a big reaction.
It is very different from person to person and how their mental illness may affect them beyond someone not being able to function due to their lack of comprehension of their surroundings, some people may lack a sense of emotional awareness or understanding on how to act on their emotions. When they start to feel overwhelmingly depressed, anxious, angry, etc. it can get to be too much for people to cope with and will instead lash out in other aspects of their lives. Although it is very uncommon for someone with mental instability to act to such a great degree, in situations that do happen, the question is how it should be handled. A very unfortunate but rising issue that could be used as an example is the role of mental illness in mass shootings. As shootings started to take place at school specifically more and more recently, people began to debate all the things that could be leading factors. In no way can mental illness ever be used as a reason for the shootings, but in the few situations that the offender was mentally ill, you must wonder on first whether it could have been avoided with better treatment beforehand, and how they handled the situation itself. Amy Swearer, a legal fellow from the Meese Center for Legal and Judicial Studies exclaims, "...while most mentally ill individuals are not and never will become violent, certain types of serious mental illness - especially when untreated - are associated with a higher prevalence of certain types of firearm-related violence." (2019) It's clear that in the situations that it gets to the point of mass shooting, someone is calling for help and they weren't given any, how it's handled is what can drastically affect that person's life. In no way is that crime acceptable, but when going through the justice system for sentencing, it should be remembered the help that they so clearly need at that point in time.
Like not understanding how to function in society or how to process one's emotions, there are many cases where someone won't understand the basic idea of what society has said is right and wrong. There can be many reasons for this. Maybe they don't grasp the concept, or maybe they don't see it as black and white, it's a question that can vary from person to person and will most likely forever remain in an argument. Going back to the school example, when paying attention to someone who is mentally ill walking around the school with an aid, it is possible to see them start to lash out and while reacting to something that nudged them in the wrong way, it is entirely possible for them to take it out on people that happen to be around them. This can be with a hit, kick, bit, etc. In many cases, they don't understand that what they are doing is wrong, and often aren't trying to hurt whoever is near them, in their eyes, someone is in the way, and they already started to have a reaction to something that had initially set them off. Micah Abraham explains that "People who are more prone to aggression but have otherwise been able to control their aggression may find that it's harder to control their aggressive impulses when anxiety causes them to become irritable." (2020) Abraham is trying to break down the idea that if someone is already prone to reacting violently, it is very easily to fall into that pattern, even after a slight inconvenience, to them it may seem more major than what meets the eye.
A common debate at this point in society is commonly heard as the dispute between treatment and punishment. If someone commits a violent crime because of the sole reason that they were experiencing intellectual difficulties, how should the judiciary proceed to ensure that justice is served but all lives are considered, not just the victims? It is hard to admit, especially when it breaks down to a violent crime, but sometimes the best thing is not to put the mentally ill offender behind bars but to get them the treatment that they needed in the first place. From Monash University, Jamie Walvisch elucidates, "Ultimately, if a person with mental health problems is sent to prison, there should be treatment available to them. All Australian jurisdictions have in-reach mental health services in their prisons that are [like] the government mental health services that exist in the community." (2018) Australia has decided to take the steps to ensure that a criminal is serving the time that they should be serving, but at the same time, they are giving them the treatment that they need to get better in general. Throwing someone who is clearly mentally unstable into prison with no regard for their mental illness can quickly lead to a great decline in their mental health, and if they were to get out, because they did not receive the much-needed treatment, who's to say that they won't just lash out and get put behind those same bars.
All in all, society has begun to look at the crimes being committed without trying to understand why they were committed in the first place. Mental health can significantly impact a person's life whether it be in a good or bad way. If someone is born with or grows to have intellectual difficulties, should they receive the same penalty in a court of law as the 'standard being', even after repeatedly failing tests dealing with mental stability, lacking certain levels of emotional awareness, and continuously failing to understand the basics between what is right and what is wrong?
Citations
Abraham, Micah. (2020). How Anxiety Can Lead to Aggression and Violence. Calm Clinic Article.
How Anxiety Can Lead to Aggression and Violence
Stumbo, Ellen. (2019). 9 Things Autistic People Want You to Know About Communication Differences. The Mighty Article.
Autistic People Share How to Talk to Someone With Autism
Swearer, Amy. (2019). The Role of Mental Illness in Mass Shootings, Suicides. Commentary Public Health Article.
The Role of Mental Illness in Mass Shootings, Suicides | The Heritage Foundation
Walvisch, Jamie. (2018). Explainer: How does Mental Illness Affect Sentencing? The Conversation Article.
Explainer: How does mental illness affect sentencing?
Culpable Mentality
We have had a justice system in place since the 1780s. As years go by, the system continues to adapt and advance with society. Evidently, the judiciary system has been known to disregard the background of a crime to keep everything 'fair' or in other terms, black and white. There is currently a set number of years that someone can be sentenced based on the crime that is committed; what that doesn't consider is the story behind why this crime was put into action in the first place. If someone is born with or grows to have intellectual difficulties, should they receive the same penalty in a court of law as the 'standard being', even after repeatedly failing tests dealing with mental stability, lacking certain levels of emotional awareness, and continuously failing to understand the basics between what is right and what is wrong?
First and foremost, it is already clear in many situations that someone may be incapable of functioning by themselves out in the real world. As a society, people like to say that everyone, including the justice system, is inclusive and doesn't discriminate amongst the civilians; however, there are still so many cases that a treated with a sense of efficiency over delicacy when it's most needed. A common relatable example is back to being in the classroom, from elementary to junior to high school. At one point or another, every student is bound to run into a child with some form of intellectual difficulty. The kids will always have different levels of understanding of what is going on in their surroundings, some will naturally be born on a slightly higher end of the spectrum. Indisputably, the kids that were higher on the spectrum, the same kids who couldn't function by themselves in the classroom, needed aid by their side 24/7 because they don't process everything in the same order as everyone else. If a kid is unable to function to the point that they cannot open the door, get their water bottle out of their backpack, go to the bathroom, etc., it's easy to wonder how that is going to affect their future. Speaking more to the topic at hand, when thinking about anyone, including oneself, it is easy to get frustrated because things aren't working out the way someone pictured, they would. In many cases that someone is mentally ill, things aren't only harder for them, but in many cases, it is hard for them to communicate the difficulties they are facing. Ellen Stumbo shares, "Perhaps one of the the most recognized characteristics of autism is difficulty with communication - at least the way neurotypically people communicate... Even as adults, many autistic people struggle with communication when interacting with neurotypical individuals." (2019) When someone who is intellectually difficult is already working away from what they planned in their head, and then can't communicate exactly what it is that they are feeling, it is easy for them to react by acting out. Whether that be with tantrums, silence, or violence, once a reaction begins, there are generally only certain ways to alleviate the situation. Yes, this begins with children in school, but as someone with a mental illness grows up, that illness doesn't go away. It can become more retainable, but it will not go away. Just as easily as someone can hide how they are feeling is just how easily someone slips into having a big reaction.
It is very different from person to person and how their mental illness may affect them beyond someone not being able to function due to their lack of comprehension of their surroundings, some people may lack a sense of emotional awareness or understanding on how to act on their emotions. When they start to feel overwhelmingly depressed, anxious, angry, etc. it can get to be too much for people to cope with and will instead lash out in other aspects of their lives. Although it is very uncommon for someone with mental instability to act to such a great degree, in situations that do happen, the question is how it should be handled. A very unfortunate but rising issue that could be used as an example is the role of mental illness in mass shootings. As shootings started to take place at school specifically more and more recently, people began to debate all the things that could be leading factors. In no way can mental illness ever be used as a reason for the shootings, but in the few situations that the offender was mentally ill, you must wonder on first whether it could have been avoided with better treatment beforehand, and how they handled the situation itself. Amy Swearer, a legal fellow from the Meese Center for Legal and Judicial Studies exclaims, "...while most mentally ill individuals are not and never will become violent, certain types of serious mental illness - especially when untreated - are associated with a higher prevalence of certain types of firearm-related violence." (2019) It's clear that in the situations that it gets to the point of mass shooting, someone is calling for help and they weren't given any, how it's handled is what can drastically affect that person's life. In no way is that crime acceptable, but when going through the justice system for sentencing, it should be remembered the help that they so clearly need at that point in time.
Like not understanding how to function in society or how to process one's emotions, there are many cases where someone won't understand the basic idea of what society has said is right and wrong. There can be many reasons for this. Maybe they don't grasp the concept, or maybe they don't see it as black and white, it's a question that can vary from person to person and will most likely forever remain in an argument. Going back to the school example, when paying attention to someone who is mentally ill walking around the school with an aid, it is possible to see them start to lash out and while reacting to something that nudged them in the wrong way, it is entirely possible for them to take it out on people that happen to be around them. This can be with a hit, kick, bit, etc. In many cases, they don't understand that what they are doing is wrong, and often aren't trying to hurt whoever is near them, in their eyes, someone is in the way, and they already started to have a reaction to something that had initially set them off. Micah Abraham explains that "People who are more prone to aggression but have otherwise been able to control their aggression may find that it's harder to control their aggressive impulses when anxiety causes them to become irritable." (2020) Abraham is trying to break down the idea that if someone is already prone to reacting violently, it is very easily to fall into that pattern, even after a slight inconvenience, to them it may seem more major than what meets the eye.
A common debate at this point in society is commonly heard as the dispute between treatment and punishment. If someone commits a violent crime because of the sole reason that they were experiencing intellectual difficulties, how should the judiciary proceed to ensure that justice is served but all lives are considered, not just the victims? It is hard to admit, especially when it breaks down to a violent crime, but sometimes the best thing is not to put the mentally ill offender behind bars but to get them the treatment that they needed in the first place. From Monash University, Jamie Walvisch elucidates, "Ultimately, if a person with mental health problems is sent to prison, there should be treatment available to them. All Australian jurisdictions have in-reach mental health services in their prisons that are [like] the government mental health services that exist in the community." (2018) Australia has decided to take the steps to ensure that a criminal is serving the time that they should be serving, but at the same time, they are giving them the treatment that they need to get better in general. Throwing someone who is clearly mentally unstable into prison with no regard for their mental illness can quickly lead to a great decline in their mental health, and if they were to get out, because they did not receive the much-needed treatment, who's to say that they won't just lash out and get put behind those same bars.
All in all, society has begun to look at the crimes being committed without trying to understand why they were committed in the first place. Mental health can significantly impact a person's life whether it be in a good or bad way. If someone is born with or grows to have intellectual difficulties, should they receive the same penalty in a court of law as the 'standard being', even after repeatedly failing tests dealing with mental stability, lacking certain levels of emotional awareness, and continuously failing to understand the basics between what is right and what is wrong?
Citations
Abraham, Micah. (2020). How Anxiety Can Lead to Aggression and Violence. Calm Clinic Article.
How Anxiety Can Lead to Aggression and Violence
Stumbo, Ellen. (2019). 9 Things Autistic People Want You to Know About Communication Differences. The Mighty Article.
Autistic People Share How to Talk to Someone With Autism
Swearer, Amy. (2019). The Role of Mental Illness in Mass Shootings, Suicides. Commentary Public Health Article.
The Role of Mental Illness in Mass Shootings, Suicides | The Heritage Foundation
Walvisch, Jamie. (2018). Explainer: How does Mental Illness Affect Sentencing? The Conversation Article.
Explainer: How does mental illness affect sentencing?