Deinstitutionalisation and the Penal State

Abstract

This chapter will explore the relationship between deinstitutionalisation and the increase in the use of imprisonment. The chapter begins with a consideration of the problem of how do we define “mentally disordered offenders” and a brief outline of the Penrose Hypothesis (Penrose, 1939 and 1943) which sought to explain the links between the use of imprisonment and institutionalised psychiatric care. This approach will be used as critical lens to examine policy developments in this area. Broader issues regarding the treatment of mentally disordered offenders will then be discussed. This section will highlight the pressures on the CJS and the way that it has become, in many cases, a de facto provider of mental health care. The argument that deinstitutionalisation has led to the “criminalisation of the mentally ill” will be discussed. The legacy of deinstitutionalisation and the expansion of the penal state will be discussed focusing on contemporary issues in the CJS.