this post was submitted on 09 Oct 2023
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My country has psychiatric treatment facilities as part of the judicial systems (ours is mostly based on rehabilitation, not punitive). The problem with them is that being send to one of them is indefinite, until one is deemed cured. Is that ethical?
Ironically, this means that bona fide gangsters will often try to prove they do not have a mental health problem, because ordinary prison at least has a well-defined end date.
Really depends on the rest: if the justice is fair, if the treatments are really treatments, if only people dangerous for the others are kept, then I think that's probably the best solution we have today.
I see the irony, but I think it should be the norm. Mental health problems should not be used as a joker to get out of jail. If the system both helps people with a problem and prevents people from using it as an excuse, that sounds perfect.