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Full-Text Articles in Legal Studies

Mental Disorder And Criminal Justice, Stephen J. Morse Jan 2018

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 …


Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin Jan 2015

Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin

Antioch University Dissertations & Theses

This study explored the lived-experiences of 15 correctional officers and 5 sergeants working in adult state-operated prison facilities in Michigan. In particular, this qualitative grounded theory study revealed the impact that budget driven decision-making had on the lives of correctional officers: its effect on institutional custody, security, and safety. The study finds that many recent policy changes resulted in a sense of powerlessness expressed by the participants of the study. Participants found themselves in a precarious position, situated in between the prison population and the administration. Having an understanding of how correctional officers make meaning of their work in relation …


Legitimacy Of Corrections As A Mental Health Care Provider: Perspectives From U.S. And European Systems, Daniela Peterka-Benton, Brian Paul Masciadrelli Jan 2013

Legitimacy Of Corrections As A Mental Health Care Provider: Perspectives From U.S. And European Systems, Daniela Peterka-Benton, Brian Paul Masciadrelli

Department of Justice Studies Faculty Scholarship and Creative Works

Large numbers of seriously mentally ill persons are being incarcerated because their disturbed behavior is criminalized. The criminal justice system is struggling to manage the needs of these mentally ill persons in correctional settings. This article examines the problem of the incarcerated mentally ill in terms of whether or not the correctional setting is an ethically legitimate place to house and treat these persons. First, it briefly summarizes how we arrived at this problem in the U.S. Then, it examines the problem today in the U.S. and comparatively in European nations. Finally, it closes with recommendations for establishing treatment outside …


A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers May 2012

A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers

Pell Scholars and Senior Theses

State prison overcrowding has grown into a detrimental problem within our American penal system, such that after decades of being ignored by politicians, media outlets, and the lower court system, it has resulted in an ineffective and overcrowded correctional system that craves reformation.