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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...
Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law.
A major reappraisal of crime and punishment in America The huge prison buildup of the past four decades has few defenders, yet reforms to reduce the numbers of those incarcerated have been remarkably modest. Meanwhile, an ever-widening carceral state has sprouted in the shadows, extending its reach far beyond the prison gate. It sunders families and communities and reworks conceptions of democracy, rights, and citizenship—posing a formidable political and social challenge. In Caught, Marie Gottschalk examines why the carceral state remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies—one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism. With a new preface evaluating the effectiveness of recent proposals to reform mass incarceration, Caught offers a bracing appraisal of the politics of penal reform.
Forensic psychiatry (the interface of psychiatry and the law), forensic psychology, and mental health law are growing and evolving subspecialties in their respective larger disciplines. Topics included in these fields include a range as diverse as capital sentencing guidelines, informed consent, and standards of care for mental health treatment. All of these topics need to be understood and mastered by clinicians, educators, administrators and attorneys working with psychiatric patients. This book brings together concise, comprehensive summaries of the most important "landmark" legal decisions relating to mental health practice in the United States. These decisions, along with their underlyi...
Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems.
This book synthesizes the nascent but growing body of literature and research emerging on risk management and treatment of persons who sexually offend against children. This volume demonstrates the need for change by placing current attitudes toward sexual offending in their sociocultural context and then discussing the impact of these attitudes. Rather than parse the needs of children who have been victimized from those who have offended, a model emerges that explains the interlocking dynamics of those who offend and those offended against. This book upends the convenient fiction that child sexual abuse can be reduced by locking away those who offend and then monitoring them upon release. R...
There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of th...
The Oxford Handbook on Sex Offenses and Sex Offenders provides comprehensive, even-handed analysis of the myriad of topics related to sex offenses, including pornography, sex trafficking, criminal justice responses, and the role of social media in sex crimes. Extending beyond the existing scholarly research on the topic, this volume teases out the key debates, controversies, and challenges involved in addressing sex crimes.
The best source for a comprehensive overview of mental competency in criminal, mental disability, and civil law, Competence in the Law prepares mental health professionals to assess questions of both civil and criminal competence and to counsel lawyers and judges in cases in which these issues are germane. A landmark contribution to forensic practice, this book equips you to expertly address critical issues faced in conducting assessments within the legal system.
This book explores the way today’s interconnected and digitized world--marked by social media, over-sharing, and blurred lines between public and private spheres--shapes the nature and fallout of scandal in a frenzied media environment. Today’s digitized world has erased the former distinction between the public and private self in the social sphere. Scandal in a Digital Age marries scholarly research on scandal with journalistic critique to explore how our Internet culture driven by (over)sharing and viral, visual content impacts the occurrence of scandal and its rapid spread online through retweets and reposts. No longer are examples of scandalous behavior “merely” reported in the news. Today, news consumers can see the visual evidence of salacious behavior whether through an illicit tweet or video with a simple click. And we can’t help but click.