It is a reality that many individuals who suffer from mental health problems, including drug and alcohol addiction, eventually come into contact with our criminal justice system.
A person coming into contact with the criminal justice system has likely acted outside the behaviours our society expects from its citizens (though they are entitled to the presumption of innocence). Many people who come before the courts are not ‘bad’ per se. They have likely made some bad decisions, bringing them to the attention of the police, but the goal of the criminal justice system should always be rehabilitation.
Regardless of whether or not a person is ultimately found guilty of a crime, I believe that we should use their initial contact with the criminal justice system as an opportunity to provide them with the help and support that they need to ensure that they can make better decision in the future. If they are eventually found guilty, then punishment is warranted, but this initial contact would be designed to be proactive and prevent further crimes. This assists individual citizens and families, but also our society as a whole.
I believe that we should view the courts as a hub, not just for punishment, but for bringing together the medical and social support services that can help people to break out of cycles of addiction, violence and petty crime.
I propose that each courthouse be staffed by a trained mental health professional who can:
- Assess violent or repeat offenders for significant mental health problems. Many may not otherwise come into contact with such professionals, or seek treatment for themselves. We need to view this as an opportunity to provide assistance to those who otherwise would fall through the cracks.
- Assist the court to make decisions on bail. Many further offences are committed whilst on bail, and bail is often granted without the court being fully appraised of the potential risks. If supportive clinical and social interventions can be provided during the early stages, we may prevent further offending behaviour;
- Provide those defendants who wish to make changes in their lives with connections to appropriate support services (e.g. drug and alcohol counselling, psychiatry or psychology services).
- Trained professionals may also be able to offer appropriate interventions to protect the victims of domestic violence and help to identify situations which are likely to escalate.
The community support team should also consist of social workers who can refer the defendant to housing support, job services and provide broad-based counselling.
We do a lot of these things already – but usually only after a pattern of serious offending has developed. What if we could reach out to people before their wrongdoing has become entrenched? What if we could identify the underlying causes of offending behaviour and address them before further crimes are committed?
Yes, it is going to cost money – but perhaps not as much as you would expect. What we’re really doing is consolidating our support services, integrating them with the justice system, and putting them on the front lines where they can make the most difference.
We need to stop looking at our criminal justice system as just a forum for punishment and start to see it as an integral part of social welfare and community development.
Future of Australia 