When the Trump administration proposed imprisoning homeless people who don’t voluntarily go to shelters, and the predictable howls of outrage arose, I remembered the most interesting fact I’ve ever learned about imprisonment rates.
The US is often pilloried for having a high level of imprisonment per capita relative to other countries. The US is also quite unusual in having shut down most of its insane asylums many decades ago.
My perspective on these facts changed a great deal when I learned that if you aggregate rates of imprisonment with rates of commitment to mental institutions, the US stops looking like an outlier.
The low-level mentally ill didn’t go away when we closed the asylums. Nor did they magically become more able to function in society when we pushed them out the doors. Instead, they now land in our prisons.
Another implication of all this is that it’s not “structural racism” or any other specific evil that gives the US high imprisonment rates. It’s an inevitable consequence of the social decision to make it very difficult to involuntarily commit people to asylums.
I’m not going to argue today about whether that decision should be reversed. I have an opinion about that, but this post is about facts and consequences, not value claims or what “should” be.
Let’s return to the homeless. It is now common knowledge that homeless people are almost never simply poor or down on their luck. Almost all have serious issues with mental illness or drug addiction, or both. Many refuse to go to shelters because they don’t want to — or are not capable of — complying with a homeless shelter’s behavioral restrictions.
While I don’t have firsthand knowledge or controlled studies to back me up, it seems obvious that the shelters are acting as a filter — the least damaged and most functional homeless go to them, leaving the crazies to inhabit the streets.
Thus, throwing homeless people who won’t go to shelters in prison is an exact functional equivalent of involuntary commitment to a mental asylum.
My question for people who object to imprisoning the mentally ill and drug-addicted homeless is: what do you propose we do instead? Are we prepared to reopen the asylums and lower the bar for involuntary commitment?
I don’t think there’s a third alternative anymore. Donald Trump, whatever his other failings might be, has an acute sense of the zeitgeist; popular tolerance for having the streets of our cities inhabited by crazy people is collapsing. It turns out we can only tolerate so many news stories about naked screaming nut-jobs on the subway.
I’m not going to propose an answer to the question I just raised, because I’m conflicted about it myself. My goal is to start people thinking about the right question, which is a very large one.
What is the humane way to treat people who are too damaged or broken to be functional members of society, and who inflict large costs on others if they’re not separated from society?
If it’s not prisons or asylums, what are we going to do? And given how ineffective psychiatric treatment is at anything beyond management of symptoms, is “prison” vs. “asylum” even a meaningful distinction?
ESR, The social media site formerly known as Twitter, 2025-08-13.
November 29, 2025
QotD: Are there no prisons? Are there no asylums?
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