Judicial Perspectives on Sentencing Mentally Ill Violent Offenders in New York

• In Event: Data in Indigent Defense: The International Society for Therapeutic Jurisprudence

Abstract

Mass incarceration is a public health crisis in the United States. Incarceration can directly or indirectly affect the mental health and wellness of individuals and their communities. Scholarly research has demonstrated that incarceration may exacerbate psychiatric conditions, which may increase recidivism risk. To address high incarceration and recidivism rates, especially amongst vulnerable offenders, law and policymakers across the United States are developing and implementing innovative crime prevention and intervention strategies that focus on rehabilitation and provide alternatives to incarceration. In recent years, a broader implementation of problem-solving courts, based on therapeutic jurisprudence is being considered by states like New York, where efforts are being made to reduce incarceration rates, with the expansion of specialty courts. This study provided an opportunity for a diverse sample of judges in New York to share their perspectives on sentencing mentally ill violent offenders. The findings of this study may provide greater insights for law and policymakers in New York and across the United States on the benefits of applying TJ to support trauma informed crime prevention and intervention strategies aimed at rehabilitation, rather than incarceration.

Author

• Vinita Puri, Resilience Counselling and Coaching Services