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Controversy

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Psychology

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North Central Univ

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OryyOregvr

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Running Head: COMMITMENT OF INCOMPETENT DEFENDANTS 1

Commitment of Incompetent Defendants

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COMMITMENT OF INCOMPETENT DEFENDERS 2

Commitment of Incompetent Defendants

Mentally ill or retarded individuals are often treated differently in court. Offenders, if

proven incompetent to stand trial, often end up getting committed to a health care facility that

provides care for people who suffer from the illness the defendant is suffering from. The

commitment of these individuals concentrates on providing treatment (Moon, n.d.) . The main

difference between retardation and mental illness is that mental illness can be cured or managed,

but retardation is permanent. Some individuals argue that offenders who are proven incompetent

should get confined forever, but some believe that once an offender recovers, they should get

released from the facility where they are committed.

The commitment of mentally incapacitated individuals is often based on the

dangerousness of the defendant. Before a trial is done, the defendants have to get evaluated to

determine that they are competent to stand trial. If the evaluation proves otherwise, then the

defendant has to get committed for them to receive treatment. Some of these individuals often

get better since the mental illness that they suffer from is manageable, but some fail to recover.

The law states that individuals who get committed are those who pose a danger to themselves or

those around them. Those who argue for temporary commitment often say that when the

offender gets better, the likelihood of harming themselves or those around them reduces

significantly ("problem of the incompetent or insane defendant," n.d.).

Those who argue for the permanent commitment of incompetent offenders argue that

people who suffer from mental illnesses never fully recover. The environment can sometimes

trigger the illness to resurface; this means that there is a possibility of the individual harming

him/herself or those around them if they come across any triggers (Ghiasi et al., 2020). Also,

some of these conditions are managed through medication that the patient has to take for the rest

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Running Head: COMMITMENT OF INCOMPETENT DEFENDANTS Commitment of Incompetent Defendants Student’s Name Institution of Affiliation Date 1 COMMITMENT OF INCOMPETENT DEFENDERS 2 Commitment of Incompetent Defendants Mentally ill or retarded individuals are often treated differently in court. Offenders, if proven incompetent to stand trial, often end up getting committed to a health care facility that provides care for people who suffer from the illness the defendant is suffering from. The commitment of these individuals concentrates on providing treatment (Moon, n.d.) . The main difference between retardation and mental illness is that mental illness can be cured or managed, but retardation is permanent. Some individuals argue that offenders who are proven incompetent should get confined forever, but some believe that once an offender recovers, they should get released from the facility where they are committed. The commitment of mentally incapacitated individuals is often based on the dangerousness of the defendant. Before a trial is done, the defendants have to get evaluated to determine that they are competent to stand trial. If the evaluation proves otherwise, then the defe ...
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Tags: mentally ill health care facility Incompetent Defendants providing treatment retardation and mental illness