Criminal Prosecution of the Mentally Disordered: A Descriptive Analysis

Abstract

While the mentally disordered defendant has garnered notable attention recently, little empirical research has been conducted in this area. In an attempt to fill this void, the research effort reported here examines prosecutorial and judicial decisions concerning this type of defendant. Emphasis is placed on the postures (punitive or therapeu tic) assumed by these court officials and the impact of various factors on these postures. Data were gathered on all adult criminal defendants identified as mentally disordered by the Milwaukee, Wisconsin Mental Health Screening Unit from 1981 through 1983. The results clearly indicate that criminal justice officials are at least as interested in therapy as they are in punishment. Furthermore, the findings suggest that the court views these defendants as inappropriate subjects for criminal sanctioning but under certain conditions mandates treatment for individuals who likely would not be subject to such involuntary treatment under civil law.