By Michael L. Perlin
Reading the therapy of people with psychological disabilities within the felony justice method, this ebook deals new views which are an important to an realizing of the ways that society tasks onto legal defendants prejudices and attitudes approximately accountability, loose will, autonomy, selection, public safeguard, and the which means and objective of punishment, all with a spotlight on how one can improve dignity within the legal trial technique. it's a targeted exploration of problems with adequacy of suggestions; the impression of overseas human rights legislation, following the ratification of the United countries conference at the Rights of people with Disabilities (CRPD); the position of psychological future health courts; and the impact of healing jurisprudence, procedural justice, and restorative justice at the felony strategy. It considers all of those views within the context of felony justice method concerns resembling competency findings, the madness security, and sentencing. Demonstrating how the query of therapy of people with psychological disabilities within the felony justice procedure is not just a necessary one for either students and practitioners, but in addition a crucial aspect of overseas human rights legislation, this e-book indicates coverage improvement, additional scholarly inquiries, and newly invigorated pondering and motion to put dignity on the center of the legal justice process.
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Additional resources for A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law
2 See Mental Health and Human Rights: Report of the Task Panel on Legal and Ethical Issues, 20 Ariz. L. Rev. 49, 62 (1978), discussed in Michael L. Perlin, Unpacking the Myths: The Symbolism Mythology of Insanity Defense Jurisprudence, 40 Case W. Res. L. Rev. 599, 654 (1989–90). , Danielle Laberge & Daphne Morin, Evaluating the Case, Evaluating the Cost: Criteria for Constructing the Defense Strategy of Persons Suffering From Mental Illness, 7 Soc’l Distress & the Homeless 189 (1988). , Melody Martin, Defending the Mentally Ill Client in Criminal Matters: Ethics, Advocacy, and Responsibility, 52 U.
Sch. L. Rev. 619, 627 (2011–12) (on how “learning in the workplace promotes confrontation of ineffective heuristics and their replacement with genuine understanding”). 69 Perlin, supra note 51, at 27. 70 Russell Covey, Criminal Madness: Cultural Iconography and Insanity, 61 Stan. L. Rev. 1375, 1381 (2009). 71 Perlin, Pretexts, supra note 17, at 602–03: Perlin, Ghettoization, supra note 3, at 874–75. 76 Through the “representative heuristic,” we extrapolate overconfidently based upon a 72 Perlin, Borderline, supra note 65, at 1417; see also, M.
S. 210, 229-30 (1990) (prisoners retain limited liberty interest in right to refuse forcible administration of antipsychotic medications), in which the majority acknowledges, and emphasizes in response to the dissent, the harmful, and perhaps fatal, side-effects of the drugs. The court also stressed the “deference that is owed to medical professionals ... who possess ... ” Id. 12. Cf. id. 2 (2d ed. 1999). See generally Michael L. Perlin, The Sanist Lives of Jurors in Death Penalty Cases: The Puzzling Role of Mitigating Mental Disability Evidence, 8 Notre Dame J.