Criminalizing Mental Illness: Cops as Clinicians and Incarceration as Health Care in the United States

"It is evident to the responding officers that Harvey is experiencing some sort of delusion, and since they cannot calm him down or convince him of his safety, they opt to detain him. The officers can do so, as in the United States, while the Fourteenth Amendment provides some guardrails to involuntary commitment, there is no federal statute regarding detention, and it is up to their discretion to detain him if they believe he could be a threat to himself or others."

"With limited mental health services available, especially in emergency situations, law enforcement officers have become de facto clinicians. While police have little to no mental health training, approximately one-third of individuals living with severe mental illness have their first contact with mental health treatment through a law enforcement encounter. It is up to the responding police officer to determine whether the individual will go to a hospital or to jail."

Harvey experiences paranoid delusions and repeatedly calls police believing someone is in his closet, leading officers to determine he is delusional and detain him when they cannot ensure his safety. The Fourteenth Amendment provides guardrails to involuntary commitment, but no federal statute governs detention, leaving discretion to responding officers. Emergency rooms and psychiatric units may be at capacity, causing officers to consider jail as temporary placement. Police frequently serve as first contact for severe mental illness despite minimal mental health training, and data on system capacity and care availability are scarce.

Read at Apaonline