Abstract

Mental health in the United States is largely stigmatized and overlooked as a factor of crime. This capstone project critically analyzes the response of actors in the criminal legal system to neurodivergence and identifies areas for improvement.

Part One focuses on how police respond to those with mental health conditions and community-based supports that can reduce harm during these interactions. This chapter provides an overview of the prevalence of neurodivergence in the United States and how police are, or are not, trained to protect and serve this subset of the population. It explains the Memphis Model of crisis intervention and how this model has been successfully implemented. This chapter explores alternative methods of responding to mental health crises, including co-response models and resources that do not rely on law enforcement.

Part Two examines the treatment of those with neurodivergence in carceral facilities in the United States. It breaks down the biggest problems with how these individuals are cared for, explaining that they are often punished instead of treated, solitary confinement is overused, and care is not accessible. It overviews current federal policies relating to the treatment requirements for those with mental health conditions who are in federal custody. Finally, it identifies solutions to the three problems that are discussed, identifying and discussing therapeutic diversion units and therapy groups, animal-based therapy programs, and telehealth, or virtual therapy appointments.

Part Three explores mental health courts in the United States, starting with a brief history of how neurodivergence has been criminalized and perceived as unnatural. This chapter reviews the development of mental health courts and the differences between adult and juvenile mental health court. It explains various outcomes of this type of treatment court and common measures of success. This chapter also critically examines mental health court through the lenses of therapeutic jurisprudence and labeling theory. It concludes with a discussion of policy implications for mental health court that could lead to increased success and decreased stigmatization of neurodivergence.

Part Four is a content analysis of general orders for police relating to mental health in Monroe County, New York. It starts with a review of existing literature to provide a background and explanation of common outcomes of police responses to those experiencing a mental health crisis, how police make their decisions in these situations, crisis response models, and how stigmatizing labels impact all parties involved in a mental health crisis event. Methodology and results were then explained, and the section concludes with a discussion of the information that was collected and common themes that were identified.

This capstone seeks to critically analyze the criminal legal system responses to neurodivergence and determine areas of improvement. This community has a history of being marginalized and punished, when treatment would be more appropriate. By reviewing our systems and being critical of them, we can identify how they can improve to better serve our vulnerable populations.

Publication Date

5-5-2025

Document Type

Master's Project

Student Type

Graduate

Degree Name

Criminal Justice (MS)

Department, Program, or Center

Criminal Justice, Department of

College

College of Liberal Arts

Advisor

O. Nicholas Robertson

Campus

RIT – Main Campus

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