Download or read book A Prescription for Dignity written by Michael L. Perlin and published by Routledge. This book was released on 2016-03-16 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Advanced Introduction to Mental Health Law written by Michael L. Perlin and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Therapeutic Jurisprudence Applied written by Bruce J. Winick and published by . This book was released on 1997 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sensitive policy analysis of law should seek to measure and weigh all of the costs and benefits of legal rules. This book suggests ways in which mental health law can be reshaped -- not only to protect the legal rights of patients, but also to improve their mental health. "[A] lesson on where and how to focus the therapeutic jurisprudence lens so that the concept generates original and fruitful ideas." -- Thomas Grisso, Ph.D., University of Massachusetts, Department of Psychiatry "[The chapters] demonstrate that therapeutic jurisprudence provides a remarkable number of new insights into mental disability law... Litigators, scholars, policy makers, and mental disability professionals all owe Professor Winick a tremendous debt for the thoughtful, original, and provocative work that he has done." -- Michael L. Perlin, New York Law School "For novices in the field, it is an exciting view of a difficult corner of the law. For those who have spent their careers in the area, this work is both eye-opening and rejuvenating." -- Christopher Slobogin, University of Florida College of Law
Download or read book Stress Trauma and Wellbeing in the Legal System written by Monica K. Miller and published by Oxford University Press, USA. This book was released on 2013 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stress, Trauma, and Wellbeing in the Legal System presents theory, research, and scholarship from a variety of social scientific disciplines and offers suggestions for those interested in exploring and improving the wellbeing of those who are voluntarily or involuntarily drawn into the legal system.
Download or read book Therapeutic Jurisprudence at the Conference of the International Association of Law Mental Health in Padua Italy written by and published by . This book was released on 2008 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rethinking Rights Based Mental Health Laws written by Bernadette McSherry and published by Bloomsbury Publishing. This book was released on 2010-08-16 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
Download or read book Violent Offenders Theory Research Policy and Practice written by Matt DeLisi and published by Jones & Bartlett Publishers. This book was released on 2011-07-20 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the public interest in criminal predators is extensive, the criminology of criminal predators is fragmented. Violent Offenders: Theory, Research, Policy and Practice, Second Edition aims to demystify the many different types of violent offenders we hear about in the media. This newly revised and updated Second Edition is a compilation of original scholarship from an international collection of applied and academic criminologists. Based not only on history and academic research but also on the experiences of author Peter Conis as a 25 year veteran of law enforcement, it provides students with a realistic view of why people commit violent crimes and how our criminal justice system, as a whole, responds to these offenders and these violent acts. It contains cutting-edge material on the broad category of criminal predators, including homicide offenders, sex offenders, financial predators, and conventional street criminals. Unlike other texts on the subject that narrowly focus on one type of criminal (e.g., serial killers), this updated Second Edition illustrates the systemic importance of predation in antisocial behavior. This book is divided into two parts; part one covers the theoretical and disciplinary foundations of the study of violent behavior, spanning the disciplines of sociology, psychology, biology, and neuroscience. Part two covers the policy and practice of responding to violent offenders from the insightful perspectives of people who work among them on a daily basis. New and Key Features of the Second Edition: • Contains 10 NEW chapters (5 in theory and research and 5 in policy and practice). These additions provide greater overall coverage of sociological theory, evolutionary psychology theory, and female offenders. The section on policy and practice is organized to be consistent with the criminal justice system, from law enforcement through the courts, to corrections. • Hands-on research and practitioner expertise illustrate today’s study of criminal predation • Provides clear explanations of how criminological theory relates to the formation of a criminal offender to help students understand the reasons behind a person’s violent actions
Download or read book Civil Commitment written by Bruce J. Winick and published by . This book was released on 2005 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issues explored include the tension between coercion and autonomy reflected in commitment laws and how the balance should be struck between these competing values, the standards for commitment, the commitment hearing and how lawyers, judges, and expert witnesses should play their roles, voluntary hospitalization and its application, rights within the institution and the standards governing their exercise or waiver, outpatient commitment, including its newest version, preventive outpatient commitment, and how international human rights limitations on commitment should be construed. The book concludes with a chapter analyzing therapeutic jurisprudence's challenge to civil commitment law and practice."--BOOK JACKET.
Download or read book Coercive Care written by Bernadette Mcsherry and published by Routledge. This book was released on 2013-06-26 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Judging in a Therapeutic Key written by Bruce J. Winick and published by . This book was released on 2003 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I of this book describes the newly emerging problem-solving courts (such as drug treatment courts, domestic violence courts, mental health courts, etc.) and other related approaches to problem-solving judging and judging with an explicit ethic of care. Authors Winick and Wexler show how judges can use therapeutic jurisprudence not only in specialized problem-solving courts, but in general civil and criminal judicial settings as well. In Part II, the book covers emerging "principles" of therapeutic jurisprudence that seem to be at work in successful judicial approaches: how courts can encourage offender reform, how they can help offenders develop problem-solving and coping skills, how they can encourage offender compliance with release conditions, how they can serve as effective risk managers, and much more. "Rarely does the academic work of law scholars have such a clear-cut impact in shaping the research agendas of a broad range of legal academics. Rarer still are the times when such legal scholarship positively impacts the working lives of judges and practicing lawyers. As these essays make abundantly clear, therapeutic jurisprudence has come of age as a legal discipline in its own right, ready to be further tested carefully and strategically within our judicial system... The authors assembled in this worthy volume believe strongly in the law's potential to serve as a 'healing agent' and seek to cast judges and lawyers in the roles of peacemakers and creative problem-solvers. Their vision deserves our serious consideration." -- The Journal of Legal Medicine "Winick and Wexler have gathered an impressive collection that both introduces the topic to newcomers and provides additional depth for those already generally aware of the concepts." -- Steve Leben in The Justice System Journal
Download or read book Problem Solving Courts written by JoAnn Miller and published by Rowman & Littlefield. This book was released on 2009-11-16 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problem Solving Courts examines a relatively new approach to criminal justice in which judges, advised by law enforcement officers and mental health workers, meet with offenders on a weekly basis to talk about their issues in a socio-legal setting where therapeutic intervention is combined with a measure of punishment for program violations. Sociologist JoAnn Miller and judge Donald C. Johnson, creators of three successful problem solving courts themselves, address the compelling needs for alternatives to prisons, analyze problem solving courts in depth, and assess the impact problem solving courts can have on offenders and their communities.
Download or read book Legal Perspectives on State Power written by Chris Ashford and published by Cambridge Scholars Publishing. This book was released on 2016-12-14 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
Download or read book Violent Offenders written by Matt DeLisi and published by Jones & Bartlett Learning. This book was released on 2017-04-07 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violent Offenders: Theory, Research, Policy and Practice contains cutting-edge scholarship on the broad category of criminal predators, including homicide offenders, sex offenders, financial predators, and conventional street criminals.
Download or read book Victimology written by Leah E. Daigle and published by SAGE Publications. This book was released on 2017-06-21 with total page 1315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victimology: A Text/Reader, Second Edition, engages students with the most current, cutting-edge articles published in the field of victimology as well as connects them to the basic concepts. Unlike existing victimology textbooks, this unique combination of published articles with original material presented in a mini-chapter format puts each topic into context so students can develop a better understanding of the extent, causes, and responses to victimization. Students will build a foundation in the history and development of the field of victimology, will be shown the extent to which people are victimized and why, will learn the specific types of victimization, and will witness the interaction between the criminal justice system and victims today.
Download or read book Involuntary Detention and Therapeutic Jurisprudence written by Kate Diesfeld and published by Routledge. This book was released on 2018-05-08 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: International developments within the last twenty years have demonstrated controversial shifts in treatment for people with mental illnesses and the care of persons with intellectual disabilities. These shifts have been apparent in an emphasis on deinstitutionalization, increased scrutiny of detention and discharge decisions and, in some countries, in enforced treatment and care in the community. As we become increasingly conscious of the political and moral dimensions of civil commitment, these concerns are reflected in the professional literature, but this does not often enough focus on issues of clinical and legal principle, nor is it in a form which encourages comparative analysis. This collection draws on contributors from the UK, the USA, Australia, the Netherlands, Canada and New Zealand, who share a commitment to evaluating whether the civil detention processes protect the liberty, dignity and justice interests of those with mental illnesses and intellectual disabilities. The book is written from a therapeutic jurisprudence perspective and poses a number of questions with international application, such as: Are more categories of people being detained? Is involuntary detention serving new purposes? Are different forms of detention gaining credence and being more widely utilized? And, are admission decisions and review of detention decisions transparent, consistent, and just?
Download or read book Therapeutic Jurisprudence written by Marilyn McMahon and published by . This book was released on 2003 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Therapeutic Jurisprudence is a special issue (Volume 20 No 2) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title.You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.
Download or read book Mental Health Courts written by Richard D. Schneider and published by . This book was released on 2007 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the historical and theoretical foundations underlying mental health courts. It offers a thorough description of a mental health court operation, including the role of each court team member, and guides those seeking to establish a mental health court. The authors analyze the successes, failures, and long-term desirability of these courts.
