Reconsidering the Criminalization Debate

Abstract

It is widely accepted that individuals with major mental disorders are arrested at significantly higher rates when compared with non-disordered individuals. However, theoretical consensus regarding the cause of the arrest disparity still eludes researchers today. Two prevailing perspectives have dominated the debate—criminalization and criminality. Criminalization proponents argue the arrest disparity results from structural forces in society that have increasingly caused persons with mental disorders to come into contact with the justice system. Criminality proponents argue that the source of the disparity is the increased criminal behavior of persons with mental disorders. This study tests competing hypotheses drawn from these two perspectives. We analyze data from a sample of individuals recently released from psychiatric hospitals and a comparison sample of individuals from the same communities. Results of multivariate logistic regression models predicting arrest provide support for both perspectives. Implications of this research and suggestions for future research are discussed.