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Full-Text Articles in Disability Law
Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse
Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse
St. Mary's Law Journal
The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …
The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo
The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo
Themis: Research Journal of Justice Studies and Forensic Science
It is unfortunate to say that the number of people who suffer from a serious mental illness has been drastically increasing in the criminal justice system since the late 1960s. This drastic change has captivated the minds of the public, forced them to develop a fallacious stereotype, and labeled the mentally ill population as wrongdoers. This image, however, is inaccurate. In reality, these people are the victims of a broken system. This paper establishes the victimization that a person with a serious mental illness experiences as they are processed through the criminal justice system. The following elaborates how victimization is …
The Sympathetic Discriminator: Mental Illness, Hedonic Costs, And The Ada, Elizabeth F. Emens
The Sympathetic Discriminator: Mental Illness, Hedonic Costs, And The Ada, Elizabeth F. Emens
Faculty Scholarship
Social discrimination against people with mental illness is widespread. Treating people differently on the basis of mental illness does not provoke the same moral outrage as that inspired by differential treatment on the basis of race, sex, or even physical disability. Indeed, many people would freely admit preferring someone who does not have a mental illness as a neighbor, dinner party guest, parent, partner, or person in the next seat on the subway. Moreover, more than ten years after the Americans with Disabilities Act (the "ADA" or "Act") expressly prohibited private employers from discriminating on the basis of mental, as …
Bates And Olmstead: Court-Initiated Strategies To Implement Community Inclusion Of Persons With Psychiatric And Other Long-Term Disabilities, Theresa A. Laurie
Bates And Olmstead: Court-Initiated Strategies To Implement Community Inclusion Of Persons With Psychiatric And Other Long-Term Disabilities, Theresa A. Laurie
Maine Policy Review
In this commentary, Theresa Laurie discusses the impact of the Bates and Olmstead court decisions regarding the rights of the disabled, and their applicability to people with psychiatric and other long-term disabilities. She notes that Maine will have to make policy adjustments in order to redefine program objectives based on these court decisions.
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.