This article investigated criminal recidivism 1 year postexit from a mental health court (MHC), which has, unlike prior MHCs studied, relatively short periods of court supervision. It benefits from a federal pretrial services agency that screens all arrestees for mental illness and dedicates a specialized supervision unit (SSU) to provide supervision and services while on pretrial release to all screened positive, including MHC participants. We compared criminal activity prior to key arrest with criminal activity post court disposition in MHC participants (N = 408) and MHC-eligible mentally ill arrestees in SSU (N = 687) receiving the same supervision and services while controlling for possible confounders. The proportion of MHC participants arrested was significantly lower in the year after MHC exit and significantly lower than that of the comparison group. They also averaged fewer rearrests and had a longer time to rearrest. MHC graduates made the greatest gains and accounted for the recidivism differences between MHC participants and the comparison group. This study adds to the accumulating evidence of the effectiveness of MHCs in reducing recidivism among offenders with severe mental illness.
Mental health courts (MHCs), nontraditional problem-solving courts designed to address underlying causes of offending rather than apportion guilt and punishment, have been reported to reduce offending among persons with mental illness and consequently have been spreading. Graduation from a MHC has been found to be a major predictor of reduced recidivism; yet few studies have examined factors affecting MHC graduation. This study examines what participants brought to MHC, their processing in MHC, and their behaviors during MHC. It found that noncompliant participant behaviors during MHC had the strongest impact on graduation, increasing the odds of failure to graduate and reducing, if not eliminating, the direct effects on completion of the risk factors participants brought into court.
MHC participation can reduce recidivism for an extended time after court exit and may have an impact on individuals who complete the program beyond the provision of treatment and services. Further study is needed to determine which MHC components may have this additional effect.
I. INTRODUCTION As debate over the function and administration of the insanity defense has heightened in recent years, abolition of the defense has become an increasingly serious alternative.' The Senate Committee on the Judiciary is now considering one such proposal. Section 522 of the proposed Criminal Justice Reform Act of 1975,2 popularly known as S. 1, states a viable defense if "the defendant, as a result of mental disease or defect, lacked the state of mind required as an element of the offense charged. Mental disease or defect does not otherwise constitute a defense." Born of frustrations over the administration of the insanity
We consider the implications of the definition of juror bias offered in Schwartz and Schwartz 1 for optimal use of juror challenges to improve the accuracy of the jury process. For them, bias consists of a juror assinging more/less weight to the evidence for guilt than would be assigned by the median juror in a fully representative pool of jurors. When juror assessments of the evidence have a probabilistic component to them, we show that this notion of bias does not imply that we necessarily would wish to use challenges to eliminate the most biased jurors. We also explain how understanding juror verdict accuracy requires an analysis of the interaction between the threshold rule that the juror uses to determine what level of belief in the guilt of the defendant is sufficient for "guilt beyond a reasonable doubt" and the probative force of the evidence in the cases that the prosecution chooses to bring to trial. Whether we use the Schwartz and Schwartz definition or other more standard legal approaches to defining juror bias (and grounds for challenge for cause) we come away highly skeptical of the expanded voir dire and extended use of peremptories that, in a number of recent highly publicized criminal trials, have had the consequences of eliminating from the jury pool the most highly educated and the most knowledgeable jurors.
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