Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Medical Jurisprudence
Treatment Of The Mentally Disabled: Rethinking The Community-First Idea, Christopher Slobogin
Treatment Of The Mentally Disabled: Rethinking The Community-First Idea, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In the past several decades the treatment, habilitation and education of the mentally disabled has been heavily influenced by what could be called the "community-first" movement. This movement which encompasses such developments as deinstitutionalization, the least restrictive alternative doctrine, normalization, mainstreaming,and outpatient commitment-is based on the idea that, in caring for the mentally disabled, we should favor placement in the community rather than in institutions segregated from mainstream populations. The community-first idea is not unanimously supported. But Congress, many courts, and countless advocacy groups composed of lawyers, mental health professionals and laypeople have rallied behind the community first standard as …
Psychiatric Challenge Of Witnesses, Thomas E. Watts Jr.
Psychiatric Challenge Of Witnesses, Thomas E. Watts Jr.
Vanderbilt Law Review
Although insane' persons were incompetent as witnesses at early common law, the modern view is that the effect of mental illness upon competency is a preliminary question for the court in the absence of contrary statutory direction. An insane person is generally said to be a competent witness if he can understand the sanctions imposed to elicit the truth and can correctly recount the occurrence which is the subject of his testimony. Some courts exclude evidence of insanity offered for purposes of impeachment but most courts admit such evidence, treating medical and lay testimony with equal respect because of the …