"We already take into account mental illness, as well, when we decide to imprison those who are competent criminals. So, another problem with her analysis."

Not really, at least not very well. As the joke goes, "The bar for competency is so low you have to dig to find it." The vast majority of mentally ill people -- and I'm talking about people who have serious, chronic, diagnosed, illnesses, have no hope of a finding of incompetency. Indeed, they usually can not even hope for a "guilty but mentally ill" plea which would (in some states) simply require that they receive more treatment while in the prison system. You see, that costs money, so the law is written very tightly and the prosecutors and judiciary are arm-twisted into seeing that virtually no one will qualify.

That is a fundamental problem, not just in our society but in all. It is easy to write laws, even constitutions, that "guarantee" certain things. But if society does not give a hoot, and refuses to provide resources, then all the words on paper are hollow. The "right" to have counsel if facing imprisonment is another good example. Most states across the country are beyond *crisis* state when it comes to providing counsel for the indigent. Few people care, there is little or no political drive to correct things, etc.

As one final example, the federal government has just this week declared (after intensive study) that Houston's jails are unconstitutionally deficient in many areas -- including care (not necessarily 'treatment' but just keeping safe) for the mentally ill. The sheriff will issue platitudes, paperwork will be shuffled, they may try a different 'service provider' --- but in the end the inmates will see no change and in a few years we'll be right back, again, with the same complaints. Simply, because society generally doesn't care, and those who do care are stymied by reactionary types who view any type of reform/improvement as "coddling criminals." For example, claiming that Lithwick wants "gourmet vegan, vegetarian, halal and kosher meals." I don't recall her saying that, or even implying it.

Recall the movie "Brubaker", where the reforming warden complained that the roof caved in because of contractor fraud and that the prisoner deserved at least a roof. The prison board member played by good 'ole Wilford Brimley replied "And next you'll want to be giving them warm bubbly baths and such." That attitude is alive and well in the U.S.A.