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- Sanism (3)
- Insanity defense (2)
- Therapeutic jurisprudence (2)
- CRPD (1)
- Convention on the Rights of Persons with Disabilities (1)
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- Counsel (1)
- Death penalty (1)
- Incompetency to stand trial (1)
- Incompetency-to-stand-trial (1)
- International human rights law (1)
- Jackson v. Indiana (1)
- Judicial bias (1)
- Judicial complicity (1)
- Mental disability (1)
- Pretextuality (1)
- Prison conditions (1)
- Prosecutorial misconduct (1)
- Therapeutic jurisprudence; correctional mental health care; problem-solving courts; federal judiciary; criminal justice; law and mental health (1)
Articles 1 - 4 of 4
Full-Text Articles in Disability Law
Expanding Therapeutic Jurisprudence Across The Federal Judiciary, Benjamin Barsky, Heather Ellis Cucolo, Dominic Sisti
Expanding Therapeutic Jurisprudence Across The Federal Judiciary, Benjamin Barsky, Heather Ellis Cucolo, Dominic Sisti
Articles & Chapters
A patchwork of drug courts and other problem-solving courts currently exists to divert individuals with mental illness and substance use disorders away from the criminal justice system. We call for a broader implementation of problem-solving courts, particularly at the federal level, that would operate according to the principles of therapeutic jurisprudence (i.e., a framework that aims to maximize the health benefits of judicial and legislative policies and practices). Expanding federal problem-solving courts will better serve individuals with mental illness and substance use disorders in the federal criminal justice system and allow them to benefit from rehabilitation and diversion programs. This …
God Said To Abraham/Kill Me A Son: Why The Insanity Defense And The Incompetency Status Are Compatible With And Required By The Convention On The Rights Of Persons With Disabilities And Basic Principles Of Therapeutic Jurisprudence, Michael L. Perlin
Articles & Chapters
Interpretations of the General Comments to the Convention on the Rights of Persons with Disabilities (CRPD) — that command the abolition of the insanity defense and the incompetency status — make no theoretical or conceptual sense, disregard the history of how society has treated persons with serious mental disabilities who are charged with crime, and will lead to predictable torture of this population in prison, at the hands of both prison guards and other prisoners. Such interpretation also flies in the face of every precept of therapeutic jurisprudence. Support of this position exhibits a startling lack of understanding of the …
Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
Articles & Chapters
In spite of the Supreme Court’s decisions in Ford v. Wainwright (1986), Atkins v. Virginia (2002), and Hall v. Florida (2014), persons with severe psychosocial and intellectual disabilities continue to be given death sentences, in some cases leading to actual execution. Although the courts have been aware of this for decades -- dating back at least to the infamous Ricky Rector case in Arkansas -- these base miscarriages of justice continue and show no sign of abating. Scholars have written clearly and pointedly on this issue (certainly, more frequently since the Atkins decision in 2002), but little has changed.
I …
Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin
Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin
Articles & Chapters
Health Law in the Criminal Justice System Symposium