By Michael L. Perlin
Studying the therapy of people with psychological disabilities within the felony justice approach, this ebook bargains new views which are the most important to an realizing of the ways that society tasks onto felony defendants prejudices and attitudes approximately accountability, unfastened will, autonomy, selection, public safeguard, and the that means and function of punishment, all with a spotlight on how one can improve dignity within the legal trial method. it's a distinctive exploration of problems with adequacy of assistance; the influence of foreign human rights legislations, following the ratification of the United countries conference at the Rights of people with Disabilities (CRPD); the position of psychological well-being courts; and the impact of healing jurisprudence, procedural justice, and restorative justice at the criminal strategy. It considers all of those views within the context of felony justice method matters similar to competency findings, the madness safeguard, and sentencing. Demonstrating how the query of remedy of folks with psychological disabilities within the legal justice process is not just an important one for either students and practitioners, but in addition a critical aspect of foreign human rights legislations, this e-book indicates coverage improvement, additional scholarly inquiries, and newly invigorated pondering and motion to put dignity on the center of the felony justice process.
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Additional info for A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law
589, 599–600 (2008). C. L. Rev. 785, 847 (2009). See also, John R. Cutcliffe & Ben Hannigan, Mass Media, “Monsters,” and Mental Health Clients: The Need for Increased Lobbying, 8 J. Psychiatric & Mental Health Nursing 315 (2001). 19 Perlin, Sanism, supra note 2, at 395. See Sarah J. Bredemeier, Hollow Verdict: Not Guilty by Reason of Insanity Provokes Animus-Based Discrimination in the Social Security Act, 31 St. J. 184 (2000), quoting, inter alia, Fred S. Berlin & H. Martin Malin, Media Distortion of the Public’s Perception of Recidivism and Psychiatric Rehabilitation, 148 Am.
L. 41 (2005). , Michael L. Perlin, “There’s No Success like Failure/and Failure’s No Success at All”: Exposing the Pretextuality of Kansas v. Hendricks, 92 Nw. U. L. Rev. 1247 (1998); Jeslyn A. Miller, Sex Offender Civil Commitment: The Treatment Paradox, 98 Cal. L. Rev. 2093 (2010); Jason A. Cantone, Rational Enough to Punish, But Too Irrational to Release: The Integrity of Sex Offender Civil Commitment, 57 Drake L. Rev. 693 (2009). On the problem of diagnostic pretextuality in sex offender cases, see Karen Franklin, Hebephilia: Quintessence of Diagnostic Pretextuality, 28 Behav.
Pol’y & L. 561, 594 (2001) (86% of newspaper stories that involved psychiatric patients focused on the commission of a violent crime, usually murder or mass murder). This data has been consistently found for decades. Opinion Q. 523 (1978). J. 1, 20 (1988); Michael L. Perlin, Unpacking the Myths: The Symbolism Mythology of Insanity Defense Jurisprudence, 40 Case W. Res. L. Rev. 256 (1989–90) (federal legislators ignored empirical evidence about the insanity defense in the debate leading to the passage of the Insanity Defense Reform Act of 1984); see generally 4 Perlin, Mental Disability Law, supra note 7, § 9C-5.
A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law by Michael L. Perlin