By Michael L. Perlin
Studying the remedy of people with psychological disabilities within the felony justice approach, this e-book deals new views which are the most important to an realizing of the ways that society initiatives onto legal defendants prejudices and attitudes approximately accountability, unfastened will, autonomy, selection, public safeguard, and the which means and function of punishment, all with a spotlight on how you can increase dignity within the legal trial approach. it's a particular exploration of problems with adequacy of suggestions; the impression of foreign human rights legislations, following the ratification of the United countries conference at the Rights of individuals with Disabilities (CRPD); the position of psychological well-being courts; and the effect of healing jurisprudence, procedural justice, and restorative justice at the felony method. It considers all of those views within the context of felony justice procedure concerns akin to competency findings, the madness safeguard, and sentencing. Demonstrating how the query of remedy of folks with psychological disabilities within the legal justice procedure is not just a necessary one for either students and practitioners, but additionally a vital aspect of foreign human rights legislation, this publication indicates coverage improvement, additional scholarly inquiries, and newly invigorated considering and motion to put dignity on the middle of the felony justice approach.
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Extra info for A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law
743 (1995) (discussing myth in criminal cases); Michael L. Perlin, Fatal Assumption: A Critical Evaluation of the Role of Counsel in Mental Disability Cases, 16 Law & Hum. Behav. 39 (1992) (discussing myth in mental disability cases); see generally Douglas W. Vick, Poorhouse Justice: Underfunded Indigent Defense Services and Arbitrary Death Sentences, 43 Buff. L. Rev. 329 (1995) (discussing myth in criminal cases). For a numbing account of criminal justice defense services provided in many states, see Amy Bach, Ordinary Injustice—How America Holds Court (2009).
L. 177 (2003). 48 Perlin, Sanism, supra note 2, at 398–406; Keri K. Gould & Michael L. Perlin, “Johnny’s in the Basement/Mixing Up His Medicine”: Therapeutic Jurisprudence and Clinical Teaching, 24 Seattle U. L. Rev. 35 (2000); see also Michael L. Perlin, Fatal Assumption: A Critical Evaluation of the Role of Counsel in Mental Disability Cases, 16 Law & Hum. Behav. C; see generally Perlin, Heuristic Reasoning, supra note 2) often overlap here. Thus, legislators in one state estimated that, during a specified time period, 4,400 defendants pled insanity and 1,800 of those pleas were successful; in reality, only 102 defendants asserted the defense, and just one was successful.
L. Rev. 957 (1990) (Perlin, Façade); Michael L. Perlin, Tarasoff and the Dilemma of the Dangerous Patient: New Directions for the 1990s, 16 Law & Psychol. Rev. 29, 52–54 (1992) (Perlin, Dilemma); John Carroll & John W. Payne, The Psychology of the Parole Decision Process: A Joint Application of Attribution Theory and InformationProcessing Psychology, in Cognition and Social Behavior 13, 21 (John Carroll & John Payne eds, 1976); Norman Poythress, Procedural Preferences, Perceptions of Fairness, and Compliance with Outcomes, 18 Law & Hum.
A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law by Michael L. Perlin