CRITICAL THINKING/REACTION
Importance of studying mental health and law
Studying mental health in law is vital since mental health influences decision-making and actions taken by people about the legal perspective. Mental conditions determine the approach people take in relation to the law by abiding by it or violating it. Mental illness entails the conditions that affect a person’s mood, behavior and feeling. Some of the conditions related to mental health entail schizophrenia, bipolar disorder, anxiety and depression (Wales, Hiday and Ray, 2010). Understanding the different mental illness conditions in terms of their occasional or chronic nature and their impact on a person’s ability to function will determine their culpability in crimes or other aspects of the law. In this regard, one gains an understanding of why people engage in crime to evaluate if they were in control of their actions, thus determining their defenses or applying the law.
Mental health in law enhances the development of legislation intending to achieve the highest levels of justice, fairness and equality in handling and judging mental health victims involved in crime. Development of mental health laws ensures that the judges and legal professionals can determine the level control that mental health victims were in control of their action thus one can decide if they acted due to reasons beyond their control or they had the intention of committing crimes (Van den Brink et al., 2012). This approach ensures that fair and reasonable judgments are prescribed to mental health victims. For instance, the understanding of mental health in the law enabled the Mental Health Act of 1983. The mental Health Act ensures that victims of mental health are handled appropriately and reasonably before the eyes of the law, such as on the matter of their admission in hospital against their will.
Additionally, mental health in law plays an important law in determining mental health victims’ capability in different levels of the criminal justice system. Mental health changes over time, depending on external factors exposed to the victims (Van den Brink et al., 2012). For instance, when mental health victims are placed in circumstances beyond their coping abilities or exceeding resources, their mental health is impacted, inclining them to engage in actions and activities that violate the law. In this regard, the court having the understanding of mental health makes decisions on whether the mental health victims can take pleas or stand trial at different criminal justice system levels.
Role of behavioral science in law
The behavior of a person is a great determinant of how people across the globe relate with the law; thus, legal professionals need to incorporate it in their operations such as investigations, prosecutions and handling of the suspects in the interest of justice (Cardi, Penfield and Yoon, 2012). In this regard, behavioral sciences ensure that criminal investigations are easy and effective to achieve the desired results. Behavioral sciences analyze and decipher human behaviors to enable the investigators to analyze human behavior, habits, and patterns, thus creating a bigger picture vital in concluding investigations. Behavioral sciences lead the investigators to find the truths and facts in the criminal investigation, thus enabling them to collect the relevant evidence and press charges.
The behavioral sciences enable the criminal justice system to determine the reasons and factors contributing to certain crime among the people. Behavioral science has different branches that include psychology, political science, economics, anthropology and psychiatry that enable the explanation of criminal behavior and the development of criminal theories (Grieve, 2007). The criminal behaviors’ reasons enable the creation of deterrent measures by the action taken under the law to punish the criminals. Appropriate countermeasures ensure that crimes are prevented through offering the relevant solutions and best practices to deal with criminals in the interest of the criminal justice system objective of incapacitation, deterrence, retribution m restoration and restoration.
Behavioral science in understanding the relationship between mental health and law
Behavioral sciences, mental health sciences and the law are intertwined to enhance effectiveness and efficiency in criminal justice system. Behavioral sciences understand, explain and define the source of the behaviors such as the behaviors arising from mental health issues. The violation of abiding of the law is dependent on both internal and external factors that can be explained from the perspective of behavioral sciences and mental health sciences (Lamb and Weinberger, 2017). Behavioral sciences and mental health sciences enable the criminal justice system to determine the suspect’s guilt in the violation of crime based on their control and understanding of the criminal aspects. In this regard, the evaluation of law from the mental health and behavioral health sciences enables the criminal justice system at different levels to carry their duties and responsibilities while observing justice, equality and fairness for all the interested parties. Therefore, behavioral sciences understand and explain criminal behavior and evaluate the mental health contributing factors to make it possible in determining the guilt of the criminal, capability of the criminal to control their actions in the crime, their understanding of the crime thus enhancing the criminal justice system to prescribe the relevant judgments or alternative measures to be taken in the interest common good.
References
Cardi, W. J., Penfield, R. D., & Yoon, A. H. (2012). Does Tort Law Deter Individuals? A Behavioral Science Study. Journal of Empirical Legal Studies, 9(3), 567-603.
Grieve, J. (2007). Behavioural science and the law: investigation. Applying Psychology to Criminal Justice, 39.
Lamb, H. R., & Weinberger, L. E. (2017). Understanding and treating offenders with serious mental illness in public sector mental health. Behavioral Sciences & the Law, 35(4), 303-318.
van den Brink, R. H., Broer, J., Tholen, A. J., Winthorst, W. H., Visser, E., & Wiersma, D. (2012). Role of the police in linking individuals experiencing mental health crises with mental health services. BMC psychiatry, 12(1), 1-7.
Wales, H. W., Hiday, V. A., & Ray, B. (2010). Procedural justice and the mental health court judge’s role in reducing recidivism. International Journal of Law and Psychiatry, 33(4), 265-271.
