정신장애범죄자에 대한 치료처분제도의 개선방안: 미국의 치료법원의 도입을 중심으로

Abstract

Criminal law system is based on the principle of guilt which is determined by the responsibility of offender to choose between lawful and unlawful conduct. When this requisite is not applicable to offenders as they are deemed to have no capacity for their actions due to their mental disorder, they should be detained in the rehabilitative custody system. However, the rehabilitative custody system is faced to the request like these: when mentally disordered offenders commit criminal acts, deterrent or punitive criminal sanctions are neither effective nor appropriate; legal process should be shaped in ways that improve the psychological-treatment functioning of mentally disordered offender; addressing the underlying mental disorder that contributes to the criminal act increases public safety and decreases the likelihood of recidivism; released offenders are easily reintegrated in the Mental Health Acts on involuntary admission even after they completed their sentence. Thus Mental Health Courts in America are suggested measures of improvement concerning the problems related to management of the rehabilitative treatment system. Mental Health Courts are criminal courts which link mentally disordered offenders to medical treatment instead of punishment. These courts developed in response to the rising number of people with severe mental disorder incarcerated in jails or prisons, the lack of treatment mentally disordered offenders receive in carceral institutions, and the high likelihood that mentally disordered defendants will recidivate if untreated. Though a collaborative, team-oriented approach, judges use a range of flexible responses, treatment programs, and close monitering plans, we expect to reduce the risk of recidivism and public safety. Ultimately, we persue that persons with mental disorder can live and thrive in the community with individualized care, treatment and community support.