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Table of contents
- Just Short of Torture | Journal of International Criminal Justice | Oxford Academic
- Theories of Criminal Law
- Definitions
This historic book may have numerous typos and missing text. Purchasers can download a free scanned Not indexed. Not illustrated. Rather, we have sought to identify widely, albeit not universally, shared problems and to present illustrative examples. The time period covered in this report is from the mids to the present. Examples of specific problems in individual prisons presented in this report may have been subsequently addressed by correctional authorities, and, where we are aware of such remedial measures, we have described them.
This report is based on research, interviews, and visits to numerous correctional facilities conducted primarily between and , although we visited some prisons in earlier years. We also interviewed by telephone many correctional staff, including mental health professionals, in a number of states whose facilities we did not visit. In the course of our research, we have consulted experts in numerous fields, including psychiatry, psychology, bio-statistics, law, correctional security classifications, prison architecture, suicide protocols, prison mental health care, public health care, community mental health, counseling, and substance abuse treatment.
We have also drawn on many other resources, including opinions generated in court rulings; information gathered by court monitors as well as experts hired for court challenges to prison mental health services; academic and professional writing on correctional mental health issues; and unpublished studies. Prisoners were contacted through advertisements placed in Prison Legal News asking seriously mentally-ill prisoners to write to Human Rights Watch, through attorneys who had been involved in litigating cases on mental illness in prisons, through family members who believed their incarcerated relatives needed mental health help that they were not receiving, and through organizations such as state protection and advocacy groups.
Throughout this report, we provide extracts from letters prisoners with mental illness sent us. We have not sought to verify the specific allegations made in them and recognize that some may be embellished or altered in the telling. Nevertheless, the letters are eloquent testimony to the prisoners' sense of their experience. Where prisoners' letters are quoted, we have left in place spelling and grammatical errors. It is impossible to do justice to the wealth of information accumulated during research for this report without creating a publication that was thousands of pages in length.
Yet, because prisons operate in secret, for the most part, it is important for the public to have access to as much material as is possible. We have placed some of the expert reports produced during litigation on our website, as they are not readily available to the public, and reveal, in often harrowing detail, problems with specific prisons regarding the treatment of mentally ill offenders. At one point and time in my life here in prison I wanted to just take my own life away. Everything in prison that's wrong is right, and everything that's right is wrong.
I've been jump, beat, kick and punch in full restraint four times….
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Two times I've been put into nude four point as punishment and personal harassment…. During the time I wanted to just end my life thre was no counseling, no programs to attend.
Just Short of Torture | Journal of International Criminal Justice | Oxford Academic
I was told if I didn't take my psych meds I was "sol. I had no help whatsoever days and week and months I had to deal with myself. Depression, not eating, weight loss, everyday, overwhelmed by the burdens of life. I shift between feeling powerless and unworthy to feeling angry and victimized. I would think about death or killing myself daily.
For eight months or a year I was not myself. From Oct to like Sept or Nov of …. I was just kept into a lock cell ready to end my life at any given time. Each [time] I would try to hang myself it never work out. I cut my arms. I really was going thru my emotions and depression…. I would rather live inside a zoo.
Theories of Criminal Law
The way I've been treated here at this prison I couldn't do a dog this way. No prison system in the United States intentionally harms mentally ill prisoners through a policy of providing substandard care. Nevertheless, poor mental health treatment for mentally ill prisoners is a national reality.
The government is responsible for protecting basic human rights, particularly those of the most vulnerable, and making wise use of limited criminal justice resources. Public officials must make the necessary improvements. Public support, particularly in times of tight budgets, is crucial to ensuring officials fulfill their responsibilities. Prescriptions for quality mental health care in prisons are plentiful. Little would be served by repeating here all those recommendations.
Our research suggests that what is lacking in prison mental health services is not knowledge about what is needed, but the resources and commitment to do it. We therefore present here three sets of recommendations: one directed at the U. Congress specifically; one directed at public officials, community leaders and members of the general public; and one directed at prison officials and their staff.
Definitions
Currently pending before the U. If enacted, the bill could catalyze significant reforms across the country in the way the criminal justice system responds to people with mental illness.
The bill authorizes grants to help communities establish diversion programs pre-booking, jail diversion, mental health courts for mentally ill offenders, treatment programs for mentally ill offenders who are incarcerated, and transitional and discharge programs for mentally ill offenders who have completed their sentences. The grants program would be administered by the Department of Justice in consultation with the Department of Health and Human Services and could be used to help pay for mental health treatment services in addition to program planning and administration, education and training, and temporary housing.
Congress should tackle serious deficiencies in federal programs that fund mental health services, including problems of limited coverage and access that keep many mentally ill persons from being able to obtain the treatment they need. For offenders released from prisons, current law leads to long delays in the restoration of eligibility for benefits. Relatively simply changes in the rules governing Medicaid, Supplemental Security Income SSI and Social Security Disability Insurance SSDI would enable ex-offenders with mental illness to avoid those delays and to obtain quickly the ability to pay for needed medication and mental health services in the community and to ensure continuity of care.
Rapid restoration of benefits to released offenders with mental illness not only helps them manage their illness; it also supports public safety by reducing the risk of new involvement with the criminal justice system. Human Rights Watch also urges Congress to amend or repeal the Prison Litigation Reform Act PLRA which severely hinders prisoners in their efforts to remedy unconstitutional conditions in state correctional facilities.
We urge Congress to: 1 modify the excessively stringent exhaustion requirement in the PLRA that requires prisoners to comply with all internal prison grievance procedures and appeals before being allowed to bring a federal lawsuit which frustrates the prosecution of many meritorious prisoner lawsuits; 2 repeal the requirement that judicially enforceable consent decrees contain findings of federal law violations; 3 repeal the requirement that all judicial orders automatically terminate two years after they are issued; and 4 restore special masters' and attorneys' fees to reasonable levels.
Public officials - elected and appointed - must act decisively to improve mental health services in U. An ongoing concern should be reducing the population of prisoners who have severe mental illnesses.
Second, public officials must develop standards, provide oversight mechanisms, and mobilize resources to ensure effective, quality mental health care in prisons. Steps should be taken at the federal, state, and local levels to reduce the unnecessary and counterproductive incarceration of low-level nonviolent offenders with mental illness. Mandatory minimum sentencing laws should be revised to ensure prison is reserved for the most serious offenders whether or not mentally ill and prison sentences are not disproportionately harsh. Mental health courts, prosecutorial pretrial diversion, and other efforts should be supported which will divert mentally ill offenders from jails and into community based mental health treatment programs.
Reducing the numbers of mentally ill offenders sent to prison will also free up prison resources to ensure appropriate mental health treatment for those men and women with mental illness who must, in fact, be incarcerated for reasons of public safety. Public officials must not accept low quality mental health services for mentally ill prisoners. They should set standards higher than the constitutional minimum required under the Eighth Amendment, which permits malpractice even on a massive scale. International human rights standards require officials to ensure the highest attainable standard of mental health, including accessible, acceptable, and appropriate and good quality mental health services, provided by trained professionals.
Officials should not tolerate the misery and pain of prisoners whose mental illness is left untreated or undertreated. Quality mental health services in prison will not only help prisoners, but will improve safety within prisons, benefiting others prisoners and staff.
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Good correctional mental health services will also increase the likelihood that prisoners will be able to return successfully to their communities following release. Public officials must ensure that all prisoners are confined in conditions consistent with their human dignity. No prisoner should be confined in overcrowded, dangerous, filthy, vermin- or bug-ridden, or unbearably hot cells.