Overcriminalization significantly undermines human flourishing and social well-being by harming the family, social networks, and social citizenship. Additionally, it prevents capable men and women from utilizing their creative capacities in the marketplace. This creates vast issues involving relations with family while incarcerated and reintegration into society after release. On the economic side, draconian cash bail systems undermine justice through basing someone's ability to attain pre-trial release upon their wealth, not their actual threat to society.
“This report investigates how New York City responds to individuals experiencing mental health crisis. Examining the flaws in current protocols and the best practices of approaches applied in other cities, it presents a framework for an improved response system that would provide those in crisis with the services that they need and minimize the negative outcomes that are currently far too common.“
New York City Public Advocate
September 25, 2019
Read More“The week before the shooting, 79 percent of the roughly 1,200 adults in the hospitals were court-ordered to be there, many until their competency is restored for trial, DeWine said. According to the state’s Department of Mental Health and Addiction Services, almost a quarter of those people were facing nonviolent, misdemeanor charges.“
The Appeal
August 14, 2019
Read More“The question remains for Kane and many others dealing with mental illness and the criminal justice system: What benefit does it serve society to saddle these defendants with felony convictions when their behavior was not due to criminal intent, but rather, mental illness?“
Above the Law
May 6, 2019
Read More"He also signed Kendra’s Law. Officially known by the euphemism Assisted Outpatient Treatment (AOT), the law establishes a stringent outpatient regimen for those who are mentally ill and have a history of resisting therapy and a record of violent behavior. A treatment plan is imposed by court order and monitored by a case manager or “Assertive Community Team.” A patient who refuses to follow the program can be committed to a hospital for up to 72 hours. More than 16,000 New Yorkers have passed through AOT since the law took effect, and some 3,000 New Yorkers are currently living under AOT court orders."
The Marshall Project
September 3, 2018
Read More"Police know what to do when dealing with serious mental illness — the NYPD receives over 165,000 calls for emotionally disturbed persons annually. More than 8,000 NYPD officers have also gone through Crisis Intervention Team training, which teaches how to de-escalate situations involving EDPs. But law enforcement alone can’t solve this problem."
New York Post
August 14, 2018
Read More"Many states set a clear limit on the amount of time they hold people with mental health issues in jails and forensic psychiatric hospitals who have not been found competent to stand trial. But in some states, including New York, authorities can keep attempting to restore a defendant’s mental capacity until the person has served two-thirds of the maximum sentence he or she would receive if eventually found guilty."
The Appeal
June 21, 2018
Read More