Incarceration of the Mentally Challenged - Term Paper Example

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Name Instructor Course Date Incarceration of the Mentally Challenged In the society today there has been a raging debate on the best way to treat the mentally ill persons in the community. The mentally challenged persons pose different serious threats and risks to the well being and security in the society…
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Incarceration of the Mentally Challenged
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Download file to see previous pages Recently, it has been a common practice of the mentally challenged being locked in the prisons which has forced many to argue on the best practice of this incarceration. Mostly this has happened without the prior scrutiny of the culprits and their disorders (Grob, 243). It is a common knowledge that the mentally disabled persons have various and highly demanding needs which need be addressed in the best way possible. Significantly, other than pushing to protect the society they live in, the mentally challenged have the need to be cured of their illness which compels them to break the laws. Remarkably, the mentally ill persons are not in the position of making the right decisions due to their abnormalities. They commit themselves to actions without the prior knowledge or awareness of the emergent repercussions and consequences they will suffer as result. Notably, in the absence of their mental disorder these persons would be upright and function normally as the other healthy people. In view of this, exemplary procedures and measures must be established by the concerned authorities to safeguard the incarceration of this suffering group of human kind (Grob, 245). Although the number of persons with mental retardation is minimal an increasing population of this has fallen within the jurisdiction of the criminal justice system. For a long time, the issue of locking the mentally challenged in the prisons has not been the best practice. As a fact, in many states little or no provision has been made for the mentally ill offenders accruing to inequitable harsh dispositions which are very expensive to the states (Grob, 245). More over many mentally challenged persons have been incarcerated for offences they have never committed. In the course of their arrest and subsequent prosecution, many are the times the perceived offenders confess of doing what they never did. This has been occasioned by their childlike ways of thinking and fear of the authorities leading to little long term perceptions. Essentially, such acts and confessions have forced the mentally retarded to wave their rights without a clear knowledge of what they are really doing (Larson et al. 240) In addition, the mentally ill are bound by numerous misfortunes. These people are jobless and as a consequence they make no income. During the pretrial incarceration only those who can afford bails which are typically accorded to the employed or with stable and secure living conditions are saved the unjust and cruel treatment in the prisons. Remarkably, by virtue of the retarded lacking bails condemns them to unfair incarceration (Larson et al. 244). Another challenge faced by the mentally ill is in the issue of securing a plea bargaining during the court process and ultimate sentencing. Though unaware, these persons provide the prosecutors with highly incriminating evidence against themselves than the normal persons. This makes them less successful in bargaining for their punishment within the law. Furthermore, aggressive prosecutors are continuously lowering the credibility of their testimonies which makes them highly unreliable. Factually, the mentally retarded are serving long jails and high rate sentences since they cannot be accorded probations. This has been necessitated by the inequalities of the justice system which advocates granting probation to those of sound mind and possessing great education and work backgrounds (Larson et al. 246). Notably, the ...Download file to see next pagesRead More
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