Introduction Due to the nature of the criminal justice system, the history of the treatment of people with mental disorders and the history of the criminal justice system have been intimately intertwined. Both the criminal justice system and the treatment of the mentally ill can be traced back to the beginning of human existence. Over the centuries both systems have evolved and expanded with changes within society. In some ways the criminal justice system has become more tolerant of those suffering from mental illness, while in other respects it has become less tolerant of those suffering from mental disorders. Now more than ever the criminal justice system interacts with mentally ill individuals. Before written history, it was believed that holes were drilled in the skull to expel evil spirits from the minds of sufferers. Evidence suggests that although this primitive form of neurosurgery has resulted in death many times, it has also been performed successfully. Fossils with multiple holes in skulls in various stages of healing have also been found (Pressman, 2001). In other areas, such as Mesopotamia, evidence has been found of ancient rituals that were believed to expel evil spirits from the sufferer's body (Abdul-Hamid and Stein, although church dogmas still dictated society, scientists began to resort to supernatural causes such as possession and evil spirits to more scientific causes. Hippocrates, known as the father of modern medicine, recognized that the brain was the organ that interpreted sensory information from the world and that disease was not only in the body but also in the mind also believed that diseases, including mental illnesses, were caused by an imbalance within the body, the balance was supposed to be restored to patients who did not die from the procedure and practices continued for many years (Breitendfeld, Jurasic, Breitenfeld, 2014). Although scientific curiosity was high during this period, crime and punishment remained similar to the system that was established during the biblical period. The “eye for an eye, tooth for a tooth” mentality continued. Despite this, both Plato and Aristotle recognized that some individuals should not be held responsible for the crimes they committed. Aristotle believed that a crime committed with hatred was worse and therefore should be punished more severely than a crime committed involuntarily. These ideas again