Solving the Problem of Criminalizing the Mentally Ill: The Miami Model
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SOLVING THE PROBLEM OF CRIMINALIZING THE MENTALLY
ILL: THE MIAMI MODEL
C. Joseph Boatwright II*
INTRODUCTION
It does not seem plausible that a Harvard-educated psychiatrist and the former
head of psychiatry at Jackson Memorial hospital in Miami-Dade County would be
homeless and continually cycling through the criminal justice system. However,
this was exactly the situation that faced Judge Steven Leifman, a county court
judge in Miami-Dade County, Florida in 2000.1 Early in his career, Judge Leifman
met with parents who asked if he could help their son who was scheduled to appear
before Judge Leifman in court that day.2 They explained that their son was a
Harvard-educated psychiatrist and the former head of psychiatry at Jackson
Memorial hospital in Miami-Dade County.3 Further, they explained that he was
suffering from late-onset schizophrenia, was homeless, and had been arrested
numerous times on minor offenses.4 As a result, he had been in and out of the
county jail system for years.5 Although Judge Leifman had not previously dealt
with a similar situation, he assured the parents that he would help their son.6
The accused man had been arrested on a second-degree misdemeanor for steal-
ing a shopping cart.7 As Judge Leifman began to speak to him, the accused man
had a psychotic episode in the courtroom.8 This caused Judge Leifman to order a
mental competency examination for him.9 After the examination, it was deter-
mined that he was incompetent to proceed in court due to his mental illness and
* The author is a County Court Judge and cross swom as an Acting Circuit Judge in the Seventh Judicial
Circuit in Florida. He was an Associate Judge on the 5th District Court of Appeals in Florida. The author
obtained his J.D. from the Catholic University, Columbus School of Law, summa cum laude; an LL.M. in
Taxation from the University of Florida, Levin College of Law; and an LL.M. in Judicial Studies from Duke Law
School in May 2018. The author gratefully acknowledges the input and advice he received from the Hon. Steven
Leifman and Tim Coffey, Coordinator, Eleventh Judicial Circuit Mental Health Project, in writing this article.
Oc 2018, C. Joseph Boatwright II.
1. Ines Novacic, Treatment or Lockup? Criminal Justice System Grapples with Mentally Ill, CBS News (July
21, 2015, 5:36 AM), http://www.cbsnews.com/news/treatment-or-lockup-criminal-justice-system-grapples-with-
mentally-ill/. See Concept Professional Training & CE (Forensic Mental Health), IAFMHS 2013 Keynote by
Judge Steven Leifman, YouTUBE (July 13, 2013), https://www.youtube.com/watch?v=ky8byo3PTyA.
2. Concept Professional Training & CE, supra note 1.
3. Id.
4. Id.
5. Id.
6. Id.
7. See id. (It was some ridiculous minor offense.)
8. See id. ([C]learly whatever I said triggered a crisis right before my eyes.)
9. Id.](ViewImageLocal?handle=hein.journals/amcrimlr56&div=7&collection=&method=preview&ext=.png&size=3)
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Solving the Problem of Criminalizing the Mentally Ill: The Miami Model
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