It seems evident that where questions arise regarding the appropriateness of punishment, it is never more important than when dealing with vulnerable offenders and those suffering some form of mental health difficulty. Under the Mental Health Act of 1983, it is suggested that the individual should be diverted from the criminal justice system as early into the proceedings as possible. However, there seems to be an issue with points as simple as definitions and in the use of key terms of reference within the Act which uses mental disorder and mental illness almost interchangeably, leaving room for professional discretion. This paper considers mental health as being a construction of the social cultures and the times in which it is defined, thereby impacting the use of punishment. The discussion makes use of a number of literary examples from the United Kingdom that has not used the death penalty since 1964, considers the situation in the United States, and discusses contemporary arguments for the use of capital punishment. References