Mental Disability Law


Book Description




Mental Disability Law, Evidence, and Testimony


Book Description

This new book written by ABA Commission on Mental and Physical Disability Law Director, John Parry, J.D. and forensic psychologist, Eric Y. Drogin, J.D., Ph.D., Manual has been formatted and written to guide lawyers, judges, law students, and forensic and other mental disability professionals through the maze of civil and criminal laws, standards, and evidentiary pitfalls, and forensic practices that characterize this area of the law. Moreover, it summarizes what empirical evidence exists to support or raise concerns about these legal standards and forensic practices when they are introduced in the courtroom.




Mental Disability Law


Book Description

This casebook covers all of constitutional "civil" mental health law, including involuntary civil commitment, the right to refuse treatment, and the rights of persons with mental disabilities in community settings. Perlin also addresses federal statutory rights, including, but not limited to, the Americans with Disabilities Act; other civil mental health issues, including tort law; and the criminal trial process, including all aspects of competency, the insanity defense, self-incrimination, confessions, the death penalty, and sentencing and post-sentencing issues. Important Supreme Court decisions that have been handed down since the first edition (Olmstead v. L.C., Tennessee v. Lane, Kansas v. Crane, Sell v. United States, and Atkins v. Virginia) are all given extensive attention. Mental Disability Law not only teaches students the relevant doctrine and theory, but also gives them an understanding of why the cases were decided as they were. Questions are provided after all major sections that encourage the teacher to direct students to think about the social, political, and behavioral forces that led to many of the decisions in question.




International Human Rights and Mental Disability Law


Book Description

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.




Mental Disorder, Work Disability, and the Law


Book Description

A barrage of "handbooks" and "resource manuals" aimed at employers and legal practitioners on the employment rights of people with disabilities has begun to appear. Until now, however, there has been no serious book-length scholarly treatment of how mental disorder can affect work, how work can affect mental disorder, and the role of law in addressing employment discrimination based on mental rather than physical disability. In Mental Disorder, Work Disability and the Law, the editors bring together original work by leading scholars who have studied mental disorder and work disability from the fields of sociology, psychology, psychiatry, law, and economics. The authors' contributions build upon one another to create the first integrated account of the important policy issues at stake when law deals with the rights of mentally disordered citizens to work when they are able to, and to receive benefits when they are not. This book will be of great value to scholars in law and the mental health professions and to policy makers and the administrators of disability programs.




Mental Health Law in a Nutshell


Book Description

Mental illness and intellectual disability (formerly called mental retardation) impact 20% of Americans, and have enormous personal, legal, and policy implications for patients, families, and society. This Nutshell introduces you to the broad range of criminal and civil issues in mental health law, including diagnosis of mental illness; expert testimony on mental health issues; civil commitment; competence to stand trial; the insanity defense; various competencies; ethical/legal issues facing mental health professionals, including informed consent, confidentiality, privilege, and malpractice; discrimination against persons with mental illness; financial and medical benefits for disabled persons.




Minding Justice


Book Description

This comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities provides innovative solutions to problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.




Mental Disability and the Death Penalty


Book Description

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 the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.




Family Guide to Mental Illness and the Law


Book Description

Family Guide to Mental Illness and the Law offers the nuts-and-bolts legal information and problem-solving steps families need. This accessible resource explains how common legal issues uniquely impact people with various forms of mental illness and what family members can do to help.




Ending Discrimination Against People with Mental and Substance Use Disorders


Book Description

Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.