The Criminal Justice System's Continued Failure to Handle Mental Illness

It isn't hard to find examples of how the criminal justice system has failed mentally ill individuals, but a recent failure that has received wide coverage was particularly gruesome. On December 9, Andre Thomas, a Texas death row inmate, pulled out his own eye and then ate it. Mr. Thomas was convicted in the murder of his estranged wife, their son, and her daughter and was awaiting execution. While Mr. Thomas had been awaiting his trial for the alleged murders he had pulled out his other eye in a similar manner. Despite this fact, and despite Mr. Thomas' history of mental illness, a Texas court ruled (a ruling that was sustained on appeal) that he was competent to stand trial.

This is a complex situation as the murders that Mr. Thomas is accused of committing were violent and troubling. Further, Mr. Thomas confessed to the killings shortly after he allegedly commited them. These facts, however, do not relesase the criminal justice system from the responsibility of dealing with Mr. Thomas' illness in a sensetive and thoughtful way. To begin with, it is not clear if Mr. Thomas was competent to waive his rights at the time that he made the confession to the police. Even if Mr. Thomas is guilty of the murders, there needs to be official recognition and treatment of his mental illness. The signs of such illness were abundant, and if you are interested in reading more you should chek out this great post on Prevention Not Punishment.

In cases like this the court system clearly needs to change its standard operating procedure. Mental health courts a good alternative to the usual criminal justice system in that they try to ensure that some sort of treatment is provided to defendants with mental health issues. Further, these courts can focus on placing defendants in community-based treatment. Institutionalizing disabled individuals, either in hospitals or prisons, and segregating them from the rest of society is not the right approach. Mental health courts and criminal defense programs are popping up around the country, and are a clear step in the right direction. I don't know if they would have save Mr. Thomas or his family, but I hope that they represent a burgeoning awareness of a need for change.