Criminal Trials and Mental Disorders
Criminal Trials and Mental Disorders

Author: Thomas L. Hafemeister

Publisher: NYU Press

Published: 2019-02-05

Total Pages: 387

ISBN-13: 1479804851

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The complicated relationship between defendants with mental health disorders and the criminal justice system The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle similar cases in similar fashion, attempting to apply rules and procedures even-handedly regardless of a defendant’s social class, race, ethnicity, or gender. Yet, the criminal justice system has also recognized exceptions when special circumstances underlie a defendant’s behavior or are likely to skew the defendant’s trial. One of the most controversial set of exceptions –often poorly articulated and inconsistently applied – involves criminal defendants with a mental disorder. A series of special rules and procedures has evolved over the centuries, often without fanfare and even today with little systematic examination, that lawyers and judges apply to cases involving defendants with a mental disorder. This book provides an analysis of the key issues in this dynamic interplay between individuals with a mental disorder and the criminal justice system. The volume identifies the various stages of criminal justice proceedings when the mental status of a defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, and how they are currently resolved. To assist this exploration, the text also offers an overview of mental disorders, their relevance to criminal proceedings, how forensic mental health assessments are conducted and employed during these proceedings, and their application to competency and responsibility determinations. In sum, this book provides an important resource for students and scholars with an interest in mental health, law, and criminal justice.

Mental Disorder and Crime
Mental Disorder and Crime

Author: Sheilagh Hodgins

Publisher: SAGE Publications, Incorporated

Published: 1992-12-29

Total Pages: 400

ISBN-13: 9780803950238

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Contributors to this volume present and discuss new data which suggest that major mental disorder substantially increases the risk of violent crime. These findings come at a crucial time, since those who suffer from mental disorders are increasingly living in the community, rather than in institutions. The book describes the magnitude and complexity of the problem and offers hope that humane, effective intervention can prevent violent crime being committed by the seriously mentally disordered.

Gun Violence and Mental Illness
Gun Violence and Mental Illness

Author: Liza H. Gold, M.D.

Publisher: American Psychiatric Pub

Published: 2015-11-17

Total Pages: 482

ISBN-13: 1585624985

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Perhaps never before has an objective, evidence-based review of the intersection between gun violence and mental illness been more sorely needed or more timely. Gun Violence and Mental Illness, written by a multidisciplinary roster of authors who are leaders in the fields of mental health, public health, and public policy, is a practical guide to the issues surrounding the relation between firearms deaths and mental illness. Tragic mass shootings that capture headlines reinforce the mistaken beliefs that people with mental illness are violent and responsible for much of the gun violence in the United States. This misconception stigmatizes individuals with mental illness and distracts us from the awareness that approximately 65% of all firearm deaths each year are suicides. This book is an apolitical exploration of the misperceptions and realities that attend gun violence and mental illness. The authors frame both pressing social issues as public health problems subject to a variety of interventions on individual and collective levels, including utilization of a novel perspective: evidence-based interventions focusing on assessments and indicators of dangerousness, with or without indications of mental illness. Reader-friendly, well-structured, and accessible to professional and lay audiences, the book: * Reviews the epidemiology of gun violence and its relationship to mental illness, exploring what we know about those who perpetrate mass shootings and school shootings. * Examines the current legal provisions for prohibiting access to firearms for those with mental illness and whether these provisions and new mandated reporting interventions are effective or whether they reinforce negative stereotypes associated with mental illness. * Discusses the issues raised in accessing mental health treatment in regard to diminished treatment resources, barriers to access, and involuntary commitment.* Explores novel interventions for addressing these issues from a multilevel and multidisciplinary public health perspective that does not stigmatize people with mental illness. This includes reviews of suicide risk assessment; increasing treatment engagement; legal, social, and psychiatric means of restricting access to firearms when people are in crisis; and, when appropriate, restoration of firearm rights. Mental health clinicians and trainees will especially appreciate the risk assessment strategies presented here, and mental health, public health, and public policy researchers will find Gun Violence and Mental Illness a thoughtful and thought-provoking volume that eschews sensationalism and embraces serious scholarship.

The History of Mental Illness in Criminal Cases: The English Tradition
The History of Mental Illness in Criminal Cases: The English Tradition

Author: Jane Moriarty

Publisher: Routledge

Published: 2013-12-16

Total Pages: 308

ISBN-13: 1135729263

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Whether the accused is competent to stand trial, whether the plaintiff is competent to accuse, or whether a witness is competent to testify has had a long legal history. Such questions draw legal reasoning into areas of ethical reflection and scientific debate deeply rooted in the moral history of the United States. Mental competence has come to play a central and controversial role in proving guilt, and in evaluating the severity of a crime and its corresponding punishment. This compendium brings together the major legal precedents and legal commentaries that have defined the role of mental illness in criminal trials throughout U.S. history. The reprint collection considers, among other issues, the evolution of the Supreme Court's position on the insanity defense and mental retardation, how these affect one's competency to stand trial or be executed, and how these affect culpability and punishment. Each volume begins with an introductory essay, and includes both cases and commentary. Scholars as well as students will find these volumes a useful research tool.

Insane
Insane

Author: Alisa Roth

Publisher: Basic Books

Published: 2018-04-03

Total Pages: 320

ISBN-13: 0465094201

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An urgent exposéf the mental health crisis in our courts, jails, and prisons America has made mental illness a crime. Jails in New York, Los Angeles, and Chicago each house more people with mental illnesses than any hospital. As many as half of all people in America's jails and prisons have a psychiatric disorder. One in four fatal police shootings involves a person with such disorders. In this revelatory book, journalist Alisa Roth goes deep inside the criminal justice system to show how and why it has become a warehouse where inmates are denied proper treatment, abused, and punished in ways that make them sicker. Through intimate stories of people in the system and those trying to fix it, Roth reveals the hidden forces behind this crisis and suggests how a fairer and more humane approach might look. Insane is a galvanizing wake-up call for criminal justice reformers and anyone concerned about the plight of our most vulnerable.

Ending Discrimination Against People with Mental and Substance Use Disorders
Ending Discrimination Against People with Mental and Substance Use Disorders

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2016-09-03

Total Pages: 171

ISBN-13: 0309439124

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Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.

The Criminalization of Mental Illness
The Criminalization of Mental Illness

Author: Risdon N. Slate

Publisher:

Published: 2021

Total Pages: 560

ISBN-13: 9781531004422

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"For a myriad of reasons the criminal justice system has become the de facto mental health system in the United States. The third edition of The Criminalization of Mental Illness thoroughly explains these reasons, and describes in detail specialized law enforcement responses to people with mental illness (PWMI), mental health courts, jails and prison conditions, and discharge planning for this group. The third edition also includes examples of crises involving PWMI that end up driving policy, examines how therapeutic jurisprudence can be utilized to improve responses to PWMI and to ameliorate the inhumane and costly recycling of PWMI through the criminal justice system, and provides insight from criminal justice practitioners, in their own words, about the challenges both PWMI and practitioners face in the system and efforts to overcome them. This edition also examines the tension throughout the system when attempting to balance public safety and civil liberties. The concept of defunding the police and the impact of the Affordable Care Act on PWMI are considered as well"--

The Stigma of Mental Illness - End of the Story?
The Stigma of Mental Illness - End of the Story?

Author: Wolfgang Gaebel

Publisher: Springer

Published: 2016-08-10

Total Pages: 648

ISBN-13: 3319278398

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This book makes a highly innovative contribution to overcoming the stigma and discrimination associated with mental illness – still the heaviest burden both for those afflicted and those caring for them. The scene is set by the presentation of different fundamental perspectives on the problem of stigma and discrimination by researchers, consumers, families, and human rights experts. Current knowledge and practice used in reducing stigma are then described, with information on the programmes adopted across the world and their utility, feasibility, and effectiveness. The core of the volume comprises descriptions of new approaches and innovative programmes specifically designed to overcome stigma and discrimination. In the closing part of the book, the editors – all respected experts in the field – summarize some of the most important evidence- and experience-based recommendations for future action to successfully rewrite the long and burdensome ‘story’ of mental illness stigma and discrimination.

Problem-Solving Courts and the Criminal Justice System
Problem-Solving Courts and the Criminal Justice System

Author: David DeMatteo

Publisher: Oxford University Press

Published: 2019-08-30

Total Pages: 265

ISBN-13: 0190844841

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Problem-solving courts provide judicially supervised treatment for behavioral health needs commonly found among criminal offenders, including substance abuse and mental health disorders, and they treat a variety of offender populations. These courts employ a team-based approach consisting of a judge, defense attorney, prosecutor, and treatment providers, representing a significant paradigm shift in how the justice system treats offenders with special needs. Despite the proliferation of problem-solving courts, there remains some uncertainty about how they function, how effective they are, and the most promising ways to implement problem-solving justice. Problem-Solving Courts and the Criminal Justice System provides a comprehensive foundation of knowledge related to problem-solving courts and the role they play in the United States criminal justice system. The book begins with an overview that explores precipitating factors in these courts' development, relevant political influence, and their history, purposes, benefits, and drawbacks, followed by a detailed discussion of specific types of problem solving courts, including drug courts, mental health courts, and veterans courts, among many others. Next a review of the legal and ethical considerations of alternative methods to standard prosecution is complemented by an examination of the methodological challenges faced by researchers when attempting to study the effectiveness of problem-solving courts. The book concludes with a discussion of future directions in terms of research, practice, and policy relating to these courts in the United States. Problem-Solving Courts and the Criminal Justice System is appropriate for professionals, researchers, and students in the fields of mental health, criminal justice, and law.