​Studieshave found that women are more likely to be diagnosed with a mental illness than men. This is particularly true in the case of common mental illnesses such as depression and anxiety. Depression is twice as common in women and is the number one mental health problem suffered by women. Women are also twice as likely to be diagnosed with post-traumatic stress disorder. But what are the reasons for the higher rate of diagnosis?
 
Gender Bias in Treatment
 
While women are more likely to get a diagnosis of mental illness, they are also less likely to have their symptoms taken seriously. Women are often discredited by health care providers and their symptoms thought to be exaggerated. While labels such as “hysterical” are no longer used to refer to women with mental health issues, there is still a bias in treatment. In addition, some women are diagnosed with mental illness even when their symptoms are physical. Serious health conditions such as autoimmune disorders are sometimes diagnosed by biased health care providers as anxiety or depression. 
 
Women More Likely to Suffer Trauma and Discrimination
 
Trauma is more common among women. One in four women has faced a completed or attempted sexual assault and one in three report being abused by a domestic partner. Trauma is a risk factor for a number of mental health issues including depression and post-traumatic stress disorder. The challenges of facing gender discrimination and mistreatment of women can also be factors in undermining a woman’s mental health. In addition the expectations placed on women to do more than their fair share of housework and childcare can lead to stress which is another risk factor for mental illness. 
 
Women More Likely to Report Symptoms and Seek Help
 
Unfortunately, men are socialized not to share their emotions and to view mental health challenges as a form of weakness. Men are less likely to seek help for their mental health issues and this can result in a lower rate of mental illness diagnosis. Women are more likely to seek help when they are suffering.
 
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses. To schedule a consultation call (509) 991-7058.

​A new survey of parents estimates that 1 in 40 children in the United States has autism spectrum disorder. The study was published in the December 2018 issue of the Journal Pediatrics. This number means that the condition was reported in 2.5% of children which amounts to approximately 1.5 million children between the ages of 3 and 17. A previous report estimated the prevalence at 1 in 59 children based on 2014 data, meaning there has been an increase in cases.
 
The more recent study collected data from the National Survey of Children’s Health which surveyed the parents of more than 50,000 children between the ages of 3 and 17. Only children who received a diagnosis of autism spectrum disorder were included in the estimate. The numbers are based on parent reporting and not on health or scientific data. Because there is no biological test for autism spectrum disorder, it can be difficult to track.
 
Access to Care
 
In addition to a higher prevalence of autism spectrum disorder, parents in the survey were also asked various questions regarding the health of their children. Parents who reported that their child was diagnosed with autism spectrum disorder were 44% more likely to report problems obtaining treatment for their child and were 24% less likely to receive help with care coordination than those families dealing with comparable such as ADHD and Down Syndrome. The parents of children with autism spectrum disorder were also 23% more likely to report that they didn’t have a designated team of caregivers for their children. 
 
While there has been some improvement over other surveys, it is clear that there are delays in getting a diagnostic evaluation even after signs of autism have been recognized. There is an urgent need for early diagnosis of the condition and follow up treatment, especially in lower income areas. Developmental and behavioral interventions can be helpful for children with autism spectrum disorder, parents need training and support to help their children succeed. 
 
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses. To schedule a consultation call (509) 991-7058.

​In a past case involving a death row prisoner named Bobby Moore, the U.S. Supreme Court found that Texas’s framework for determining whether a prisoner had an intellectual disability, and was therefore not subject to execution, violated the Eighth Amendment. The Texas courts had relied on non-clinical criteria when determining whether Mr. Moore was intellectually disabled and the Supreme Court ruled that medical standards should be used. The Supreme Court’s majority decision noted that Mr. Moore had serious mental and social difficulties beginning in childhood that were not taken into account by the lower court.
 
If things had gone as they should, the Texas courts should have then applied the standard set out by the Supreme Court and found that Mr. Moore was intellectually disabled and not subject to execution. However, that’s not how things are working out in Texas.
 
Texas Pursues the Case
 
After the Supreme Court decision, the Harris County prosecutors changed their tune and asked for a life sentence, agreeing that Bobby Moore was intellectually disabled and should not be executed. The Texas Court of Criminal Appeals, supposedly applying a new standard, still determined that Mr. Moore was not intellectually disabled and could still be executed. Mr. Moore, who was convicted in 1980 for his part in the killing of a man during a botched robbery attempt, has been appealing his death sentence for decades. In October, Mr. Moore’s legal team once again appealed to the Supreme Court. After the prosecutors made the rare step of siding with the defense, the Texas Attorney General’s Office asked to take over, stating the prosecutors don’t represent the entire state of Texas.
 
A group of conservatives, prominent lawyers, and former deputy attorney generals have jumped into the case and filed a 24-page amicus brief criticizing the Texas Court of Criminal Appeals for disregarding the Supreme Court and noting that Mr. Moore is clearly intellectually disabled. It is unclear whether the Supreme Court will take up the case and reverse Texas's ruling.
 
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses. To schedule a consultation call (509) 991-7058.

​According to the Oregon Attorney General, the number of people deemed “criminally insane” and who then went on to commit new crimes was too high. Oregon law places those deemed “criminally insane” into the hands of the state Psychiatric Security Review Board for a set time not to exceed the maximum sentence for the crime. The board is required to release people who are no longer considered dangerous because of a mental disorder or no longer have a mental disorder. Only about a quarter of those released are found to no longer be dangerous by a medical professional. 
 
High Recidivism Rates
 
A Malheur Enterprise-ProPublica analysiscalculated recidivism rates based on outcomes found in the Psychiatric Security Review Board records. The analysis found that 35% of people who were released from psychiatric supervision were charged with a crime again within three years. Most often they were back in a court in less than a year. Many were found to be homeless after leaving state supervision, despite the fact that securing housing is supposed to be a priority. The analysis determined that Oregon released people found not guilty by reason of insanity quicker than nearly every other state in the nation. The state board and not a team of mental health care professionals make the determination that someone is fit to be released. 
 
Solutions
 
Oregon officials are looking to extend the time that people are kept under the supervision of the Psychiatric Security Review Board to allow more time for people to receive the correct treatment. However, there may be other solutions that could mitigate the problem. The state should ensure that the treatment given to those under state supervision is of high quality and effective. Increased funding of mental health treatment programs and other assistance, once people are released from supervision, could go a long way toward improving outcomes. In addition, looking at the criminal justice system as a whole, increasing funding for housing and community mental health programs could help prevent the problem before it even begins. Involving mental health professionals in the decision-making process when it comes to releasing someone from supervision is also important. 
 
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses. To schedule a consultation call (509) 991-7058.