NCJ Number
5293
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 61 Issue: 2 Dated: (JUNE 1970) Pages: 283-295
Date Published
1970
Length
13 pages
Annotation
ILLINOIS LAW AND POLICE PRACTICES ARE COMPARED WITH CALIFORNIA AND NEW YORK PROCEDURES FOR DEALING WITH PERSONS WHO APPEAR TO BE MENTALLY ILL.
Abstract
THE ISSUE OF POLICE HANDLING OF THE MENTALLY DISABLED IS A LEGAL ONE TO THE EXTENT THAT LAWS SPECIFY THE CLASS OF PERSONS SUBJECT TO APPREHENSION, EITHER FOR CRIME OR FOR COMPULSORY MENTAL TREATMENT, AND ESTABLISH THE PROCEDURES TO BE FOLLOWED. IT IS ALSO A MEDICAL ONE SINCE MUCH OF THE INFORMATION LEGAL OFFICIALS ACT UPON IS BASED UPON A MEDICAL MODEL OF MENTAL ILLNESS AND SUPPLIED BY DOCTORS. AS A PRACTICAL MATTER, DIFFICULTIES ARISE FIRST FROM THE FACT THAT NEITHER LAW NOR MEDICINE, AT LEAST UNTIL VERY RECENTLY, HAS ARTICULATED ANY CONSISTENT APPROACH THE POLICE MIGHT FOLLOW WITH RESPECT TO THE MENTALLY DISABLED AND, SECONDLY, FROM THE FACT THAT PUBLIC, SPEAKING THROUGH ITS LEGISLATURES, HAS NOT PROVIDED THE RESOURCES FOR DEALING WITH SUCH PERSONS OTHER THAN THROUGH THE ORDINARY CRIMINAL CHANNELS. RESPONSIBILITY FOR WHO IS ADMITTED TO A MENTAL HOSPITAL IS NOT, NEED NOT, AND SHOULD NOT, BE A POLICE RESPONSIBILITY. THE LAW SHOULD REQUIRE THAT THE CRITICAL DECISION - WHETHER TO ADMIT THE PERSON - BE MADE BY THE DOCTOR.