Criminalization and Mental Illness

Criminalization of the mentally ill refers to the process whereby individuals with mental disorders are shunted into the criminal justice system instead of being treated within the mental health system (Lamb & Weinberger, 1998; Teplin, 1983). The term “criminalization of mental-disordered behavior” was first used by Abramson in 1972 to describe his observations that persons with mental illness seemed increasingly likely to be arrested for minor crimes (Abramson, 1972).

However, there has since developed some inconsistency over the use of the term (Steury, 1991). It is unclear whether the term criminalization refers only to those mentally ill persons who commit misdemeanors or to those who commit any kind of crime, including serious crime (Lamb & Weinberger, 1998). It is also unclear when the term should be applied: Does it happen at the point of arrest (e.g., Steadman, Cocozza, & Melick, 1978; Teplin, 1984), after prosecution (e.g., Arvanites, 1988; Hochstedler, 1986), or at the point of incarceration (e.g., Steadman & Ribner, 1980)? Finally, studies differ in their definition of mental disorders. The best studies use objective definitions based on symptoms and the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM) criteria. Others rely on the police officer's identification of mental disorder, which may skew results.

For this entry, criminalization is defined as applying to those persons with mental illness “who are arrested, with or without jail detention, and prosecuted for minor offenses instead of being placed in the mental health system” (Lamb & Weinberger, 1998).