By Michael L. Perlin
Reading the remedy of people with psychological disabilities within the legal justice approach, this booklet deals new views which are an important to an figuring out of the ways that society initiatives onto felony defendants prejudices and attitudes approximately accountability, loose will, autonomy, selection, public security, and the that means and objective of punishment, all with a spotlight on how you can increase dignity within the felony trial method. it's a certain exploration of problems with adequacy of tips; the influence of foreign human rights legislations, following the ratification of the United countries conference at the Rights of folks with Disabilities (CRPD); the function of psychological health and wellbeing courts; and the effect of healing jurisprudence, procedural justice, and restorative justice at the felony method. It considers all of those views within the context of felony justice method concerns akin to competency findings, the madness safety, and sentencing. Demonstrating how the query of remedy of individuals with psychological disabilities within the legal justice method is not just an important one for either students and practitioners, but additionally a principal part of foreign human rights legislations, this ebook indicates coverage improvement, extra scholarly inquiries, and newly invigorated considering and motion to put dignity on the center of the legal justice approach.
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Extra info for A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law
143, 147 (1975). On how some propositions simply appear to be (falsely) common sense, see Covey, supra note 70, at 1381. 96 Harold Lasswell, Foreword to Richard Arens, The Insanity Defense xi (1974). 97 Lasswell, supra note 96, at xi. On courts’ “continued reliance” on OCS, see Arlie Loughan, “In a Kind of Mad Way”: A Historical Perspective on Evidence and Proof of Mental Incapacity, 35 Melb. U. L. Rev. 103 (2011). 98 Perlin, supra note 1, at 18, quoting Thomas D. Barton, Violence and the Collapse of Imagination, 81 Iowa L.
See Michael L. , 8 J. L. & Health 15, 26 (1993-94) (“mental disabilities are the most negatively perceived of all disabilitites”). 24 Michael E. Waterstone & Michael Ashley Stein, Disabling Prejudice, 102 Nw. U. L. Rev. 329. See also Christopher C. Ligatti, No Training Required: The Availability of Emotional Support 20 A Prescription for Dignity might optimistically expect, though, that this gloomy picture should be subject to change because of a renewed interest in the integration of social science and law, and greater public awareness of defendants with mental disabilities.
Psychiatry & L. 433, 449 (1987) (aberrant behavior by small number of patients in sample studied “distort[ed] outcome perceptions”; mental health professionals significantly overstate percentage of involuntary civil commitment cases that began as police referrals and that jeopardized staff safety); accord Henry J. L. & Psychiatry 39 (1986); R. Michael Bagby & Leslie Atkinson, The Effects of Legislative Reform on Civil Commitment Admissions Rates: A Critical Analysis, 6 Behav. Sci. & L. 45, 46 (1988).
A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law by Michael L. Perlin