Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Psychology (14)
- Criminal Law (12)
- Public Law and Legal Theory (10)
- Arts and Humanities (9)
- Philosophy (9)
-
- Social and Behavioral Sciences (9)
- Ethics and Political Philosophy (8)
- Public Affairs, Public Policy and Public Administration (7)
- Legal History (6)
- Mental and Social Health (6)
- Behavior and Behavior Mechanisms (5)
- Health Law and Policy (5)
- Policy Design, Analysis, and Evaluation (5)
- Criminal Procedure (4)
- Law Enforcement and Corrections (4)
- Philosophy of Mind (4)
- Sociology (4)
- Medical Jurisprudence (3)
- Psychology (3)
- Bioethics and Medical Ethics (2)
- Criminology (2)
- Criminology and Criminal Justice (2)
- Health Policy (2)
- Law and Society (2)
- Legal Studies (2)
- Medical Specialties (2)
- Institution
- Keyword
-
- Mens rea (3)
- Competence (2)
- Criminal law (2)
- Culpability (2)
- Insanity (2)
-
- Mental states (2)
- Mitigation (2)
- Psychiatry (2)
- Psychology (2)
- Responsibility (2)
- Alcoholism (1)
- American Bar Association Criminal Justice Mental Health Standards (1)
- Causal theory of excuse (1)
- Causation (1)
- Commitment (1)
- Common law criminal law (1)
- Compatibilism and determinism (1)
- Compulsion (1)
- Corrections (1)
- Criminal law and procedure (1)
- Criminal law and responsibility (1)
- Desert (1)
- Determinism (1)
- Diagnosis (1)
- Diminished capacity (1)
- Duress (1)
- ERISA (1)
- Eighth Amendment (1)
- Excuse (1)
- Extreme emotional disturbance (1)
Articles 1 - 19 of 19
Full-Text Articles in Mental Disorders
Mental Disorder And Criminal Justice, Stephen J. Morse
Mental Disorder And Criminal Justice, Stephen J. Morse
All Faculty Scholarship
This paper is a chapter that will appear in REFORMING CRIMINAL JUSTICE: A REPORT OF THE ACADEMY FOR JUSTICE BRIDGING THE GAP BETWEEN SCHOLARSHIP AND REFORM (Erik Luna ed., Academy for Justice 2018). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements …
A Good Enough Reason: Addiction, Agency And Criminal Responsibility, Stephen J. Morse
A Good Enough Reason: Addiction, Agency And Criminal Responsibility, Stephen J. Morse
All Faculty Scholarship
The article begins by contrasting medical and moral views of addiction and how such views influence responsibility and policy analysis. It suggests that since addiction always involves action and action can always be morally evaluated, we must independently decide whether addicts do not meet responsibility criteria rather than begging the question and deciding by the label of ‘disease’ or ‘moral weakness’. It then turns to the criteria for criminal responsibility and shows that the criteria for criminal responsibility, like the criteria for addiction, are all folk psychological. Therefore, any scientific information about addiction must be ‘translated’ into the law’s folk …
Genetics And Criminal Responsibility, Stephen J. Morse
Genetics And Criminal Responsibility, Stephen J. Morse
All Faculty Scholarship
Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature. Despite the astonishing research advances, however, none of these dire predictions and no radical transformation of the law have occurred.
Mental Disorder And Criminal Law, Stephen J. Morse
Mental Disorder And Criminal Law, Stephen J. Morse
All Faculty Scholarship
Mental disorder among criminal defendants affects every stage of the criminal justice process, from investigational issues to competence to be executed. As in all other areas of mental health law, at least some people with mental disorders, are treated specially. The underlying thesis of this Article is that people with mental disorder should, as far as is practicable and consistent with justice, be treated just like everyone else. In some areas, the law is relatively sensible and just. In others, too often the opposite is true and the laws sweep too broadly. I believe, however, that special rules to deal …
Abnormal Mental State Mitigations Or Murder – The U.S. Perspective, Paul H. Robinson
Abnormal Mental State Mitigations Or Murder – The U.S. Perspective, Paul H. Robinson
All Faculty Scholarship
This paper examines the U.S. doctrines that allow an offender's abnormal mental state to reduce murder to manslaughter. First, the modern doctrine of "extreme emotional disturbance," as in Model Penal Code Section 210.3(1)(b), mitigates to manslaughter what otherwise would be murder when the killing "is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse." While most American jurisdictions are based upon the Mode Code, this is an area in which many states chose to retain their more narrow common law "provocation" mitigation. Second, the modern doctrine of "mental illness negating an …
Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen
Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen
All Faculty Scholarship
No abstract provided.
Subsidizing Addiction: Do State Health Insurance Mandates Increase Alcohol Consumption?, Jonathan Klick, Thomas Stratmann
Subsidizing Addiction: Do State Health Insurance Mandates Increase Alcohol Consumption?, Jonathan Klick, Thomas Stratmann
All Faculty Scholarship
A model of addiction in which individuals are forward looking implies that as the availability of addiction treatment options grows, individuals will consume more of an addictive good. We test this implication using cross-state variation in the adoption of mental health parity mandates that include substance abuse treatments. We examine the effects of these mandates on the consumption of alcohol and find that parity legislation leads to an increase in alcohol consumption. To account for the possible endogeneity of the adoption of mental health parity mandates, we perform an instrumental variables analysis and find that the ordinary least squares estimation …
Diminished Rationality, Diminished Responsibility, Stephen J. Morse
Diminished Rationality, Diminished Responsibility, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Uncontrollable Urges And Irrational People, Stephen J. Morse
Uncontrollable Urges And Irrational People, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Rationality And Responsibility, Stephen J. Morse
Rationality And Responsibility, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Managed Care And Mental Health: Clinical Perspectives And Legal Realities, Jesse Goldner
Managed Care And Mental Health: Clinical Perspectives And Legal Realities, Jesse Goldner
All Faculty Scholarship
Managed care is beginning to dominate the delivery of mental health services. The Article reviews limitations on managed care's ability to deal adequately with mental illness. It discusses empirical and other research examining the use of primary care providers as gatekeepers and it explores utilization review mechanisms, focusing particularly on providers' responses to UR. The impact on quality, access and continuity of care on discrete populations is analyzed. The article then surveys a variety of legal issues in the regulation of managed care, particularly as they apply to the provision of mental health services. These include ERISA, parity and liability …
Neither Desert Nor Disease, Stephen J. Morse
Neither Desert Nor Disease, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Brain And Blame, Stephen J. Morse
Treating Crazy People Less Specially, Stephen J. Morse
Treating Crazy People Less Specially, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse
Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Undiminished Confusion In Diminished Capacity, Stephen J. Morse
Undiminished Confusion In Diminished Capacity, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse
Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse
Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse
All Faculty Scholarship
No abstract provided.