The injustice of the justice system | Ximena Silva | TEDxColegioBolivar

In her talk, Ximena Silva explores whether prosecuting criminals with mental illnesses equally under the law is just and fair, and examines the challenging roles of prisons and mental hospitals.

17-year-old Ximena Silva adores traveling and desires to study advertising and public relations in the United States. In anticipation of the move, she is interested in social justice and the political environment of the country.

This talk was given at a TEDx event using the TED conference format but independently organized by a local community. Learn more at https://www.ted.com/tedx

On January 7, 2017,

I was at Fort Lauderdale
Airport in Florida,

and I was absolutely terrified.

Just a day before, Esteban Santiago Ruíz

had opened fire in the baggage claim
and killed five people.

While the security in the airport
was completely amped up,

I still felt insecure being there.

While I was waiting for my luggage,

I imagined the people
in the same spot the day before me,

before experiencing

possibly the most traumatic
and terrifying event of their lives.

I wondered what the killer
must have thought

moments before opening fire
on innocent civilians.

And I wondered what
would come next for him.

The media was going absolutely insane,

suggesting that Esteban Santiago himself
was mentally unstable.

It was in this moment that I questioned

how mentally ill individuals
are prosecuted in the justice system.

Most people tend to judge
mentally ill individuals

and are quick to want a harsh punishment.

However, they rarely ask
what led the criminal to commit an act.

The first thing that must
be taken into consideration

is that those who are considered
mentally unstable

do not think like you or I do.

Their perception of reality
is drastically different than ours.

Thus, their consequences
should be treated differently as well.

In recent years,

the amount of mass shootings
has increased dramatically.

A study conducted by
the Central Florida Intelligence Exchange

has found that 79%
of mass shootings since 2011

have been perpetrated by individuals

with demonstrated signs

of continuous behavioral health issues
and mental illness.

However, most of these criminals
are thrown into prison

and not treated
according to their sickness.

Mentally ill individuals should not
be prosecuted as a normal person would be,

as they are often denied
the help they need.

There are not enough mental hospitals,

and prisons are seen as dumping grounds
for psychiatric hospitals.

According to the Department of Justice,

nearly 1.3 million people are incarcerated
in state and federal jails

compared to only about 70,000 people
being served in mental hospitals.

If these people are not getting
the help they need,

it is irrational to prosecute them

and condemn them for acting
in ways they cannot control.

One of the reasons why
they are denied this help they need

is because of the lack
of mental hospitals.

According to the Huffington Post,

there are the same number
of psychiatric hospital beds

as there were in 1850.

This is a huge issue
because there are not the same number

of crimes committed
by mentally ill individuals

as there were in 1850.

Not only are there not enough beds
due to little funding,

they will often get turned away
at hospital doors,

and it can take months
to get an outpatient appointment.

Esteban Santiago Ruíz,
the Fort Lauderdale Airport shooter,

is a perfect example
of getting turned down

at a hospital door.

According to CNN, he had gone
to a mental hospital to check himself in,

as he was suffering from hallucinations

and hearing voices
that said to fight for ISIS.

However, after two days, he was released,
and they returned the gun to him as well.

This shows the recklessness
of the doctors that were treating him.

Considering the recent events
linked to terrorism,

they should not have given such a weapon

to an ex-veteran who stated
he wanted to fight for ISIS.

Now, Esteban Santiago faces prison time

instead of getting help
in a real institution.

Jails are often seen as dumping grounds
for mental hospitals.

Joe Parasceva, a mentally ill man,

voluntarily admitted himself
into a hospital,

where two days later,

he was transferred to a prison cell
after he tried to escape the ward.

There was an unavailability of medication
and improved outpatient treatment,

but most of the change
is no more than a switch

from a mental institution to a prison.

This is an issue, as instead
of dealing and tackling

with the real issue
behind the mental instability,

they just treat the patients
with medications

or send them to prison
in order not to deal with them.

This unveils a huge issue
within our society,

one that demonstrates

that mentally ill individuals
are seen as a burden.

While many people may state

that mentally ill indivduals
are a danger to society,

they are a danger to themselves.

In fact, according to CNN,

people with serious mental illnesses

are three times more likely
to commit an act again

compared to those
who are not mentally ill.

This is an area of concern,

as people with mental illness
are starting to commit suicide.

According to the Centers
for Disease and Control Prevention,

61% of all firearm fatalities
in the United States

were not only suicides,

but were committed
by mentally ill individuals.

This contempt toward these people

often leads them to want
very serious consequences

for the mentally unstable,

and they do not consider
the disorders that they are dealing with.

This issue is something
that is a recurrence,

and appropriate measures should be taken.

The government's role in this,

in mental health,

is to facilitate a person's needs
by providing services,

research, and protecting the rights
of every individual,

allowing them to receive
the support they need

to achieve their life goals
and contribute to society.

While it is completely reasonable

to want justice for the victims
of mass shootings,

it should also be considered

that the person behind the trigger

also is a victim.

If they act in such ways
because of their mental illness,

they should be getting help
and not be punished in jails.

Most of these people
are afraid of their own minds

and what they are capable of.

Thank you.

(Applause)