NCJ Number
6990
Journal
American Criminal Law Review Volume: 10 Issue: 3 Dated: (SPRING 1972) Pages: 337-356
Date Published
1972
Length
20 pages
Annotation
DISCUSSION OF THE PHRASE MENTAL ILLNESS AS A MISNOMER THAT IS MISUSED IN OUR CRIMINAL JUSTICE SYSTEM.
Abstract
THE AUTHOR BEGINS BY CALLING ATTENTION TO THE HISTORICAL ORIGINS OF MODERN PSYCHIATRIC RHETORIC. THREE USES OF THE TERM MENTAL ILLNESS ARE DISTINGUISHED. THE FIRST MEANS DISEASE OF THE BRAIN, THE SECOND MEANS RESEMBLING BODILY ILLNESS, BUT ACTUALLY NOT SUCH ILLNESS, AND THE THIRD MEANS SOCIAL BEHAVIOR DEEMED INAPPROPRIATE BY PSYCHIATRIC STANDARDS, PUNISHABLE BY MEANS OF PSYCHIATRIC SANCTIONS. THESE THREE MEANINGS DO NOT ONLY DIFFER IN SENSE, BUT ALSO IN THE CATEGORY TO WHICH THEY BELONG. THE FIRST MEANING, DISEASE OF THE BRAIN, IS CLEARLY MEDICAL, THE SECOND MEANING PSYCHOLOGICAL ILLNESS, IS QUASI-MEDICAL, WHEREAS THE THIRD MEANING, ROLE DEVIANCE, IS CLEARLY SOCIAL. THE THREE VERY DIFFERENT CATEGORIES OF PEOPLE WHO MAY BE CLASSIFIED AS MENTALLY ILL SHOULD BE TREATED DIFFERENTLY - THOSE WHO HAVE DISEASES OF THE BRAIN SHOULD BE (IF THEY WANT TO BE) TREATED MEDICALLY, AS WE TREAT ALL OTHER PEOPLE WHO HAVE BODILY DISEASES, THOSE WHO ARE SICK ONLY IN A METAPHORIC SENSE SHOULD BE TREATED AS THEY WISH TO BE TREATED, PROVIDED THEY CAN SECURE THE TREATMENT THEY DESIRE, FINALLY, THOSE WHO ACT OUT A DEVIANT SOCIAL ROLE NOT PROHIBITED BY LAW SHOULD BE LEFT UNMOLESTED BY THE POLICE POWER OF THE STATE, WHEREAS THOSE WHO ACT OUT A ROLE PROHIBITED BY THE LAW SHOULD BE TREATED AS ACCUSED CRIMINALS. AUTHOR ABSTRACT MODIFIED