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The story of America’s first Mental Health Court as told by its presiding judge, Judge Ginger Lerner-Wren—from its inception in 1997 to its implementation in over 400 courts across the nation As a young legal advocate, Ginger Lerner-Wren bore witness to the consequences of an underdeveloped mental health care infrastructure. Unable to do more than offer guidance, she watched families being torn apart as client after client was ensnared in the criminal system for crimes committed as a result of addiction, homelessness, and mental illness. She soon learned this was a far-reaching crisis—estimates show that in forty-four states, jails and prisons house ten times more people with serious m...
The story of America’s first Mental Health Court as told by its presiding judge, Judge Ginger Lerner-Wren—from its inception in 1997 to its implementation in over 400 courts across the nation As a young legal advocate, Ginger Lerner-Wren bore witness to the consequences of an underdeveloped mental health care infrastructure. Unable to do more than offer guidance, she watched families being torn apart as client after client was ensnared in the criminal system for crimes committed as a result of addiction, homelessness, and mental illness. She soon learned this was a far-reaching crisis—estimates show that in forty-four states, jails and prisons house ten times more people with serious m...
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the inf...
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
The people most impacted by criminal justice policies and practices are seldom included in the decision-making processes that affect their lives. Building on the ‘nothing about us without us’ social movement, this edited volume advocates an inclusive approach to criminology that gives voice to historically marginalized, silenced, and ignored groups. Incorporating the experiences of service users, academics, and state and grassroots practitioners, this volume considers how researchers might bridge the gap between theory and lived experience. It furthers criminological scholarship by capturing the voices of marginalized groups and exploring how criminology can authentically incorporate these voices.