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MENTAL DISABILITY ISSUES IN THE CRIMINAL JUSTICE SYSTEM

Author: Harlow Huckabee

Publisher: Charles C Thomas Publisher

Published: 2000-01-01

Total Pages: 158

ISBN-13: 0398083193

This is a handbook for guiding non-lawyers in how to handle mental disability issues in the criminal justice system. The book is written in plain, under-standable language. Highly technical legal and psychiatric discussions are avoided, and the author explains the concepts and issues in a manner understandable to those without legal backgrounds. One of the purposes of the book is to point out areas in which non-lawyer investigators, legal assistants, and paralegals might participate more than they do now in helping to evaluate and handle mental disability issues. Ways are discussed in which these individuals can participate in various contexts in investigations by law enforcement agencies when mental disabilities are involved, as well as be of assistance to defense attorneys or prosecutors in various stages of such cases. The book should be helpful to investigative personnel in police departments, as well as in federal agencies. Psychiatrists and psychologists may find it useful in developing a better understanding of the legal concepts and issues. Lawyers can also use the book to train non-lawyers, and criminal justice professors may be able to use the book as a supplement to other teaching materials. For those professionals who may want to delve more deeply into the issues, there are citations to supporting legal literature, statutes and case law.

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.

A Prescription for Dignity

Author: Michael L. Perlin

Publisher: Routledge

Published: 2016-03-16

Total Pages: 234

ISBN-13: 1317187059

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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 influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.

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.

People With Mental Illness in the Criminal Justice System

Author: Group for the Advancement of Psychiatry

Publisher: American Psychiatric Pub

Published: 2016-03-22

Total Pages: 235

ISBN-13: 0873182200

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Written by a committee of the Group for the Advancement of Psychiatry, People With Mental Illness in the Criminal Justice System: Answering a Cry for Help represents the collective wisdom of leaders in community psychiatry and is the third in a series of successful publications that have used Dear Abby letters as source material. The letters, submitted by readers with experience with mental illness and the criminal justice system, constitute a rich, real-world repository for the case stories presented in this fascinating volume. Using the experiences shared in the letters, the authors employ the Sequential Intercept Model to present a series of chapters offering detailed recommendations for psychiatrists, group practices, and criminal justice entities on partnering with individuals who are at risk and their families, with the goal of improving outcomes. The book's many features and functions make it relevant to a diverse audience: The Dear Abby letters on which the book's stories are based are heartfelt and human, providing a depth of emotion and understanding that cannot be found elsewhere, and the down-to-earth writing style and real-world material are designed to be useful and compelling to both practitioner and layperson. The case-based recommendations for effective interventions are very specific and practical to promote and enhance clinical skill development. A robust set of appendices presents information for professionals on a variety of critically important topics, including principles for criminal justice and community psychiatry; sequential intercept mapping; stages of engagement with the criminal justice system; HIPAA regulations; screening and mental status/criminal justice history; essential systems of care; and the risk-need-responsivity model. An extensive section of criminal justice/mental health online resources addresses areas such as law enforcement, courts, corrections, evidence-based practices, veterans, organizations, and miscellaneous topics, providing avenues of information and assistance for individuals, families, and clinicians. This simple, evidence-based guide challenges psychiatrists to initiate changes in their clinical work; in the operation of their agencies, programs, and teams; and in their partnerships with local criminal justice and behavioral health providers to positively impact people with behavioral health conditions in the criminal justice system. Implementing the approaches described so eloquently in People With Mental Illness in the Criminal Justice System: Answering a Cry for Help can potentially reduce the overrepresentation of people with mental illnesses in justice settings, provide alternatives to incarceration, and divert individuals who do not pose a public safety risk from jail.

People with an Intellectual Disability and the Criminal Justice System

Author: New South Wales. Law Reform Commission

Publisher:

Published: 1994

Total Pages: 502

ISBN-13:

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Ce rapport décrit les diverses modifications à être appliquées au sein de la législation entourant la place de la personne ayant une déficience intellectuelle devant la justice, spécifiquement sur le genre de sentences qu'elle devrait recevoir

Intellectual Disability and the Criminal Justice System

Author: William B. Packard, Ph.d.

Publisher: CreateSpace

Published: 2013-10-08

Total Pages: 672

ISBN-13: 9781489591388

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This book discusses the plight of individuals with low or marginal intelligence who become involved in the criminal justice system. They appear no different than anyone else but they are much different – more prone to being exploited and frequently manipulated to engage in uncharacteristic, illicit acts without fully understanding the implications. Their better judgment is overshadowed by their need to be accepted as normal and achieve a sense of belonging.These individuals are usually the first to be stopped and questioned by police and they are often arrested simply for being in the wrong place (or with the wrong people) at the wrong time. Without their disability recognized, police treat them as anyone else, not affording them special protections and accommodations as guaranteed by law. They often self-incriminate when being interrogated,or worse, confess to a crime they haven't even committed. And they do this without truly understanding their legal rights.The criminal justice system has been ill-prepared to handle the sudden inundation of challenging cases. These defendants are lost in a system they don't understand and one that certainly does not understand them, which partially explains the high conviction rate and frequent travesties of justice.The book discusses these problems but more importantly, it provides readers alternative solutions, diversion strategies that can be enactedat every point of encounter, preventing entry or further penetration into the “system”. Building on years of firsthand experience, the author provides a useful guide for others working in the field, using many case illustrations, and specific steps to help communities develop a jail diversion program that is right for them.

Mental Health Issues in the Criminal Justice System

Author: Daniel W. Phillips III

Publisher: Routledge

Published: 2013-09-13

Total Pages: 252

ISBN-13: 1317993594

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Discover how to best provide effective mental health treatments for criminal offenders Prisons and jails are increasingly being filled with inmates who suffer from mental illness and need treatment. Mental Health Issues in the Criminal Justice System examines a wide range of the latest research and learned perspectives focusing on the intersection of mental health services and the criminal justice system. Top experts and academics discuss mental health treatment, its availability, it effectiveness, and just how cost effective it truly is to treat those in prisons and jails. This valuable text provides a broad interdisciplinary view of the topic and presents important qualitative and quantitative research of specific topics, such as the effectiveness of prisoner representatives, the causal link between incarceration and mental illness, and the expanding rates of correctional offenders with mental illness. Mental Health Issues in the Criminal Justice System discusses a wide range of pertinent topics focusing on the viability and functioning of mental health treatment models in prisons and jails. Recommendations on desired correctional mental health programs are presented, along with strategies to better provide therapeutic services. Respected experts provide practical suggestions on research that needs to be addressed in the future. The book is extensively referenced and includes several tables and figures to clearly present data. Other topics in Mental Health Issues in the Criminal Justice System include: the prevalence of mental illness in jails and prisons—and the duty society has to provide appropriate mental health treatment three components critical to the success of jail diversion programs ethics of doing research on prisoners an extended care community corrections model the experience of mitigation experts in first degree murder cases in the penalty phase of the trial the criminalization of the mentally ill because of fragmentation of mental health services correctional offenders with mental illness (OMIs)—and their differences from the general offender population the role of the helping alliance in juvenile probation settings and much more! Mental Health Issues in the Criminal Justice System is a timely, insightful text for anyone in the criminal justice or mental health fields, educators, graduate students, and upper-level undergraduate students.

People with an Intellectual Disability and the Criminal Justice System

Author: New South Wales. Law Reform Commission

Publisher:

Published: 1993

Total Pages: 246

ISBN-13:

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"[C]ontains the results of the Commission's research and consultations up to 1 September 1993"--P. ii.

Crime Victims with Developmental Disabilities

Author: National Research Council

Publisher: National Academies Press

Published: 2001-02-06

Total Pages: 104

ISBN-13: 030917127X

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Although violent crime in the United States has declined over the past five years, certain groups appear to remain at disproportionately high risk for violent victimization. In the United States, people with developmental disabilities-such as mental retardation, autism, cerebral palsy, epilepsy, and severe learning disabilities may be included in this group. While the scientific evidence is scanty, a handful of studies from the United States, Canada, Australia, and Great Britain consistently find high rates of violence and abuse affecting people with these kinds of disabilities. A number of social and demographic trends are converging that may worsen the situation considerably over the next several years. The prevalence of developmental disabilities has increased in low-income populations, due to a number of factors, such as poor prenatal nutrition, lack of access to health care or better perinatal care for some fragile babies, and increases in child abuse and substance abuse during pregnancy. For example, a recent report of the California State Council on Developmental Disabilities found that during the past decade, while the state population increased by 20 percent, the number of persons with developmental disabilities in California increased by 52 percent and the population segment with mild mental retardation doubled. Because of a growing concern among parents and advocates regarding possible high rates of crime victimization among persons with developmental disabilities, Congress, through the Crime Victims with Disabilities Awareness Act of 1998, requested that the National Research Council of the National Academy of Sciences conduct a study to increase knowledge and information about crimes against individuals with developmental disabilities that will be useful in developing new strategies to reduce the incidence of crimes against those individuals. Crime Victims with Developmental Disabilities summarizes the workshop and addresses the following issues: (1) the nature and extent of crimes against individuals with developmental disabilities; (2) the risk factors associated with victimization of individuals with developmental disabilities; (3) the manner in which the justice system responds to crimes against individuals with disabilities; and (4) the means by which states may establish and maintain a centralized computer database on the incidence of crimes against individuals with disabilities within a state.