Law Commons^™

Rewriting Kendra’S Law: A More Ethical Approach To Mental Health Treatment, James Diven

Pace Law Review

Michelle Go was pushed in front of a subway car by a man suffering from schizophrenia that had fallen through the cracks of New York’s mental health care system. Michelle’s death was imminent because the severely ill man had every right to be on the streets under present law. This note will discuss the problems with New York’s mental hygiene laws that prevent courts from mandating treatment even when treatment is in the state’s best interest.

Michelle’s death is not unique. Historically, New York has struggled to enact effective legislation governing the treatment of mentally ill individuals. As a result, …

A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg

Washington Law Review

For certain incarcerated individuals who commit sex offenses, Washington State’s determinate-plus sentencing structure requires a showing of rehabilitation before release. This highly subjective “releasability” determination occurs after an individual has already served a standard sentence. A review of recent releasability determinations reveals sentences are often extended on arbitrary and inconsistent grounds—especially for individuals who face systemic challenges in prison due to their identity or condition. This Comment shows that the criteria to determine whether individuals are releasable is an incomplete picture of their actual experience in the carceral setting, using the distinct example of incarcerated individuals with mental illness. While …

Employment Trajectories And Mental Health-Related Disability In Belgium, Sudipa Sarkar, Rebeka Balogh, Sylvie Gadeyne, Johanna Jonsson Et Al.

Articles

An individual’s quality of employment over time has been highlighted as a potential determinant of mental health. With mental ill-health greatly contributing to work incapacities and disabilities in Belgium, the present study aims to explore whether mental health, as indicated by registered mental health-related disability, is structured along the lines of employment quality, whereby employment quality is assessed over time as part of individuals’ labour market trajectories.

Addressing Stigma And False Beliefs About Mental Health: A New Direction For Mental Health Parity Advocacy, Claire Sontheimer, Michael Ulrich

Faculty Scholarship

Despite laws designed to protect mental health and substance use parity in the United States, real parity remains an aspiration. Under the current system, insurance companies use multiple tactics to deny coverage for or delay the provision of mental health and substance use disorder (MH/SUD) treatment. The difficulty of enforcing parity creates a barrier to achieving the goal of accessible behavioral health services. Rather than a continued effort to legislate our way out of this conundrum, it may be useful to look further upstream. Critical impediments to achieving such parity include the basic attitudes and beliefs about mental and behavioral …

Reclaiming The Right To Consent: Judicial Bypass Mechanism As A Way For Persons With Disabilities To Lawfully Consent To Sexual Activity In Ohio, Melissa S. Obodzinski

Cleveland State Law Review

In Ohio, it is a criminal offense to engage in sexual conduct with another when his or her ability to consent is “substantially impaired” because of a mental or physical condition. There is no mechanism for persons with intellectual and/or developmental disabilities to receive judicial notice of whether their ability to consent is “substantially impaired” prior to criminal adjudication, nor is there a way for them to affirmatively prove that they have the capacity to consent to sexual activity. Thus, under Ohio law, intellectually and/or developmentally disabled individuals may be functionally and irrevocably barred from engaging in sexual intimacy for …

A Systemic Approach To Understanding Burnout Through The Lens Of The United States’ Professional Art Therapy (And Mental Health) Community: A Literature Review, Mary Welch

Expressive Therapies Capstone Theses

Burnout among mental health counseling and art therapy professionals has long been an issue (Meyerson 1998; Prins et al., 2015; Yang & Hayes, 2020; Zeira 2021). While previous research into the causes and reduction of burnout have focused primarily on individual burnout, both in terms of psychology and workplace habits (Rollins et al. 2021), very few studies have been done examining the systemic, institutional, and cultural contributions to burnout in these professions. This paper aims to explore the connection between community standards and the current systems that intersect professional art therapy practice in the United States and the areas in …

Not Groovy Man: Psilocybin's Long And Complicated History With The Law, And Its Potential To Treat The Growing Mental Health Crisis In America, Zachary Lecompte

University of Cincinnati Law Review

No abstract provided.

Inter-Agency Collaborations Among Mental Health And Law Enforcement Professionals In San Bernardino County During Covid-19: A Qualitative Study, Sonya Mcisaac

Electronic Theses, Projects, and Dissertations

As first responders, law enforcement officers and mental health professionals are constantly sought after regarding the delivery of critical services to people in need. However, the COVID-19 pandemic brought almost everything to a halt. It is therefore important to understand how social services were delivered during the crisis. It has been assumed in the literature that interprofessional collaboration is an important service delivery framework. However, because COVID-19 is a relatively recent public health phenomenon, relevant studies on interprofessional collaboration between law enforcement officers and mental health professionals are scant, if not non-existent. This qualitative study addresses this gap by exploring …

Modern Sentencing Mitigation, John B. Meixner Jr.

Northwestern University Law Review

Sentencing has become the most important part of a criminal case. Over the past century, criminal trials have given way almost entirely to pleas. Once a case is charged, it almost always ends up at sentencing. And notably, judges learn little sentencing-relevant information about the case or the defendant prior to sentencing and have significant discretion in sentencing decisions. Thus, sentencing is the primary opportunity for the defense to affect the outcome of the case by presenting mitigation: reasons why the nature of the offense or characteristics of the defendant warrant a lower sentence. It is surprising, then, that relatively …

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference - American Revival: Citizenship & Virtue

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.

What Makes My Client Guilty? Discussing The Processes, Effects, And Costs Of Wrongful Convictions, Shawn Page

Criminology Student Work

The basis of this paper will be to discuss my chosen career path following graduation. The career path that I will be exploring is that of an attorney. After I finish my athletic career, my next goal will be to enroll in law school and graduate in three years with my Juris Doctorate. My father is a partner at a law firm that handles many different cases, from malpractice allegations to criminal charges. My sister is also a public defender in Pittsburgh and represents individuals who can not afford to hire a private attorney. As a public defender you may …

Medical Necessity Of Residential Treatment For Anorexia: Can Parity Be Achieved?, Abbey Derechin

Northwestern Journal of Law & Social Policy

This Note examines the statutory landscape of mental health parity in the United States. The lens of this Note is through the mental illness of anorexia. Parity laws mandate analogous limitations between mental and physical illness. Therefore, because anorexia has many physical manifestations, it serves as a nice juxtaposition to physical illnesses. This Note will argue for broad interpretation of the Mental Health Parity and Addiction Equity Act (MHPAEA) through comparative analysis of counterpart statute, the California Mental Health Parity Act (CMHPA). It will explore how courts have interpreted the CMHPA broadly to suggest that the MHPAEA should be interpreted …

Protect Your Patients And Yourself: The Complete And Honest Medical History, Mitchell Gardiner Dmd

The Journal of the Michigan Dental Association

This feature article emphasizes the critical role of obtaining a complete and honest medical history in dental practice. Reflecting on the evolution of clinicians' diligence since dental school, the article underscores the potential risks associated with inadequate medical histories. The legal and ethical responsibilities in gathering comprehensive patient information are highlighted, emphasizing the impact on patient well-being and the dentist's vulnerability to legal challenges. The complexities of patients' truthfulness, especially regarding sensitive topics, are discussed, urging clinicians to establish trust for accurate disclosures. The article concludes with practical recommendations, stressing the ongoing need for thorough medical history reviews and the …

Reflections On Law Student Mental Health By A Dean Of Students After 25 Years, David Jaffe

Articles in Law Reviews & Other Academic Journals

Your faculty need to be educated about how to refer students, how to speak with students who pop into their office. Your Dean, writ-large nationally, Deans need to have the willingness, and again, the bravado, the willingness to go to the faculty and say, "You need to be part of this movement." Whatever that may mean. I would love to see every faculty member taking 30 seconds at the beginning of every class for students to breathe. Thirty seconds of breathing. If you've never done it, do it at home today, deep breaths, and see what it feels like. I …

"It's Okay To Not Be Okay": The 2021 Survey Of Law Student Well-Being, David Jaffe, Katherine M. Bender, Jerome Organ

Articles in Law Reviews & Other Academic Journals

The Survey of Law Student Well-Being, implemented in Spring 2014 [hereinafter "2014 SLSWB"], was the first multi-law school study in over twenty years to assess alcohol and drug use among law students, and it was the first multi-law school study ever to address prescription drug use, mental health, and help-seeking attitudes. The article summarizing the results of the 2014 SLSWB has been downloaded over 12,000 times.

With a desire to learn what has changed since 2014 given the increased emphasis on law student and lawyer well-being among law schools and legal professionals, the authors sought and received grant funding from …

The United States Supreme Court’S Enduring Misunderstanding Of Insanity, David Dematteo, Daniel A. Krauss, Sarah Fishel, Kellie Wiltsie

New Mexico Law Review

Within mental health law, the legal defense of insanity has received a disproportionate amount of attention. Classified as a legal excuse, the insanity defense generally negates legal blameworthiness for criminal defendants who successfully prove that at the time of the offense, they did not know right from wrong or were unable to conform their conduct to the requirements of the law, due to an underlying mental health condition. The insanity defense has a lengthy history in the United States, with several different formulations and numerous court decisions addressing various aspects of the defense. Despite its firm entrenchment in U.S. criminal …

Pandemic As Panacea: The Positive Long-Term Impact Of Forced Innovation In The Legal Industry, J. Mark Phillips

The Journal of Business, Entrepreneurship & the Law

Despite the untold disruption the COVID-19 pandemic continues to inflict upon the legal industry, several positive outcomes may ultimately emerge. These unexpected gains may not only improve the practice of law but also address long-standing weaknesses in the industry. In this article, I utilize Roger’s Innovation Diffusion model to shed preliminary light on the unprecedented phenomenon of forced, comprehensive, and immediate adoption of new technology throughout the legal industry. While doing so, I highlight the way this sudden adoption will likely change perceptions regarding perennial areas of tension, such as mental health and work-life balance. Finally, I argue that the …

Romanian Government Will Implement Measures To Prevent Further Violations Of Rightsof People With Mental Health Conditions Or Disabilities In Accord With The Decision Of The European Court Of Human Rights, Tesa Hargis

Human Rights Brief

On June 21 and 22, the European Court of Human Rights (ECtHR) and Romania discussed reform measures based on various judgements delivered during the nine-year period between 2012 and 2021. At issue before the ECtHR’s Department for Execution of Judgments was insufficient legal protection, lack of medical and social care, deficiencies in the legal framework governing involuntary placement, inadequate management of psychiatric conditions of detainees, and overcrowding and poor conditions in Romanian mental health facilities.

Delusions, Moral Incapacity, And The Case For Moral Wrongfulness, E. Lea Johnston

UF Law Faculty Publications

Responsibility is a legal—not medical—construct. However, science can be useful in exposing faulty assumptions underlying current doctrine or practice, illuminating changes in practice or evidentiary standards to better effectuate the law’s animating purpose, and even suggesting updates to legal standards to account for modern understandings of functionalities of concern. This Article uses the science of delusions to assess the law regarding, and practice of establishing, criminal irresponsibility for defendants with psychosis. Over the last two decades, researchers from the cognitive sciences have compiled strong evidence that a host of cognitive and emotional impairments contribute to the origin and maintenance of …