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Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin

Articles by Maurer Faculty

No abstract provided.

Clinical And Forensic Outcomes From The Illinois Mental Health Juvenile Justice Initiative, Michael Jenuwine, John S. Lyons, Gene Griffin, Sharon Quintenz, Michelle Shasha

Articles by Maurer Faculty

To address the mental health needs of youths who are arrested and detained in Illinois, an initiative was designed and implemented that identified youths with psychotic or affective disorders, linked them to community services, and monitored their cases. This study assessed whether such linkage is possible and whether it improves clinical and forensic outcomes. METHODS: Under the initiative, court staff refer youths who may have a mental illness to a clinical liaison. If the youth is eligible for the program, the liaison works with the family to develop a community-based action plan. For the analysis presented here, the Child and …

Center For Psychology Studies Newsletter - Summer 2002, Nova Southeastern University

Center for Psychological Studies Newsletter

No abstract provided.

Center For Psychology Studies Newsletter - Spring 2002, Nova Southeastern University

Center for Psychological Studies Newsletter

No abstract provided.

Alaska Justice Forum ; Vol. 18, No. 4 (Winter 2002), Carns W. N/A, N/A Bureau Of Justice Statistics, N/A Uaa Justice Center

Vols 11-20 (1994-2004)

The Winter 2002 issue of the Alaska Justice Forum focuses on mental health and the justice system, with two articles about Anchorage Mental Health Court, one of the first four mental health courts in the U.S.; a description of several therapeutic court projects being implemented by the Alaska Court System; and a discussion of the mentally ill in correctional institutions in Alaska and nationwide where, in 2000, one in every eight state prisoners was receiving some mental health therapy or counseling services. An additional article presents figures from the Bureau of Justice Statistics on justice system expenditures in Alaska and …

Doubts About Daubert: Psychiatric Anecdata As A Case Study, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In Daubert v. Merrell Dow Pharmaceuticals Inc., the Supreme Court sensibly held that testimony purporting to be scientific is admissible only if it possesses sufficient indicia of scientific validity. In Kumho Tire Co. v. Carmichael, the Court more questionably held that opinion evidence based on "technical" and "specialized" knowledge must meet the same admissibility threshold as scientific testimony. This Article addresses the implications of these two decisions for opinion evidence presented by mental health professionals in criminal trials.

Editorial: The Future Of Dangerous Severe Personality Disorder In Ireland, John S.G. Wells

Irish Journal of Applied Social Studies

No abstract provided.

The Appeal Of Therapeutic Jurisprudence, Shirley S. Abrahamson

Seattle University Law Review

If therapeutic jurisprudence is so good, its applicability should not be limited to the trial courts. This Article offers some examples of how appellate courts can join the trial courts in applying therapeutic jurisprudence, but it also raises some concerns.

Therapeutic Jurisprudence In The Appellate Arena, David B. Wexler

Seattle University Law Review

In this Introduction, I will briefly summarize Des Rosiers' Court Review article, entitled From Telling to Listening: A Therapeutic Analysis of the Role of Courts in Minority-Majority Conflicts, placing it in a framework that transcends minority-majority conflicts and encourages discussion regarding the use of therapeutic jurisprudence by appellate tribunals. My brief summary is followed by a series of comments that have the potential of launching a refreshing line of inquiry into the appellate process, opinion writing, and the formulation of legal doctrine.

Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo

Seattle University Law Review

This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.

Impact Of Direct And Indirect Exposure To Shooting Violence On Young People, Diondre Watkins

Educational Specialist, 2020-current

Gun ownership has risen dramatically in the United States since the start of the COVID-19 pandemic, and with it, the number of gun violence incidents. Because of this, children and adolescents are being affected, whether directly or indirectly, by the violence in their communities. While there are many debates within the political realm on how best to prevent these incidents from happening, counselors, both clinical and school, are needed to help mitigate the short- and long-term effects. This literature review aims to compile some of the existing research on what adverse health effects may result in children who are exposed …

Mental Health, Adolescents And Children: A Comparative Analysis Of The Practice/Policy Interface, John S. G. Wells

Irish Journal of Applied Social Studies

Mental health services for children and adolescents in Ireland exist in a state of ambiguity. Services operate within a context of resource constraints and increasing demand. The result is that practitioners have to prioritise the client groups according to policy dictates. In Ireland the policy priority is children at risk of physical and sexual abuse. Utilising current literature in the field, this paper discusses the potential consequences of such a focus for clients, practitioners and policy through a comparative analysis with the United Kingdom. It is argued that a lack of legislative clarity, combined with a focus on abuse has …

Attorneys' And Judges' Needs For Continuing Legal Education On Mental Disability Law: Findings From A Survey, Douglas Mossman Md, Marshall B. Kapp Jd, Mph

Faculty Articles and Other Publications

Attorneys leave law school with limited knowledge and skills
concerning the issues that arise in mental disability law. Yet
psychiatrists and psychologists are appearing with increasing
frequency as witnesses in the nation's courts, and more attorneys
and judges can therefore expect to have to deal with testimony from
mental health professionals. To our knowledge, this article is the
first published assessment of practicing attorneys' and judges'
needs for continuing legal education (CLE) on mental disability
issues.

The 267 Dayton-area attorneys and 41 southwestern Ohio judges
who responded to our mailed survey said that one-seventh of their
cases raise issues related …

Dangerous Decisions: An Essay On The Mathematics Of Clinical Violence Prediction And Involuntary Hospitalization, Douglas Mossman Md

Faculty Articles and Other Publications

This Article has two major purposes. First, it provides a mathematical
description of an ideal procedure for making clinical decisions about patients'
future violence, a description that provides a context for evaluating clinicians'
"dangerousness decisions." For purposes of illustration, the Article uses a specific clinical situation-deciding whether to hospitaize involuntarily a patient
based on his risk of harming another. The Article argues that the decision
involves balancing potential risks to third parties (often the patient's family
members) with the "massive deprivation of liberty and other potential
harms to the patient that could result from confinement. The mathematical
description of the …

To Stay At Home: Analysis Of Rights And Recommendations On Procedures For Persons Receiving Mental Health Services In The Community , Janet L. Lowder, Franklin J. Hickman

Journal of Law and Health

Before the pendulum swings back to the use of institutions as the primary treatment modality for persons with severe mental illness, there should be a re-examination of the alternatives available to community care providers to ensure compliance with treatment outside of the hospital. This article will focus on the alternatives available in the Ohio mental health system, which is fundamentally oriented towards community-based treatment, and the effects of this orientation.

Introduction: Caring For The Nation--Current Issues In Health Care Reform, Susan E. Powley

Vanderbilt Law Review

Health care reform is once again on the "front burner" of American politics. With health care costs in the United States rising at three times the rate of inflation and an increasing portion of the population falling through the cracks of the current health care delivery system,' legislators, health care professionals, and the population at large now have little difficulty agreeing that the system is badly in need of reform. This consensus, however, falls apart when discussion turns to what needs to be fixed and how to fix it. Federal legislators currently have over twenty health bills pending before them, …

Justice, Mental Health, And Therapeutic Jurisprudence, David B. Wexler

Cleveland State Law Review

Mental health law advocates and even scholars have typically been hostile toward, afraid of, or at best indifferent to, the mental health disciplines (mainly psychiatry and psychology) and their practitioners. Learning to be skeptical of supposed scientific expertise is an important lesson, and the law should never simply defer to psychiatry and the related disciplines. But to the extent that the legal system now ignores developments in the mental health disciplines, the lesson of healthy skepticism has been overlearned. It is my thesis, then, that those of us interested in 'justice" in mental health law ought not to adopt the …

Therapeutic Jurisprudence As A New Approach To Mental Health Law Policy Analysis And Research, David B. Wexler, Bruce J. Winick

University of Miami Law Review

No abstract provided.

Wake Up And Die Right: The Rationale, Standard, And Jurisprudential Significance Of The Competency To Face Execution Requirement, Robert F. Schopp

Louisiana Law Review

No abstract provided.

Rights Within The Therapeutic Relationship, Patricia King

Journal of Law and Health

My thesis is that the failure of these rights to be implemented in any meaningful way for persons with mental illness is the result of a narrow image of rights which emphasizes the individual, valuing autonomy independent of care, and sacrifices relationship and the connection to the community. By conceiving of rights in such a way, we strengthen the individual but do not address the reality of the context or relationship within which persons with mental illness will actualize these rights. This failure to recognize and account for the disequilibrium within therapeutic relationships and the necessity of caring within such …

A New Twist In The War On Drugs: The Constitutional Right Of A Mentally Ill Criminal Defendant To Refuse Antipsychotic Medication That Would Make Him Competent To Stand Trial, Brian Domb

Journal of Law and Health

The purpose of this Note is to analyze what right, if any exists for a mentally ill criminal defendant to refuse the administration of antipsychotic drugs to gain competence to stand trial. Focusing mainly on the trial context of the right to refuse is not to suggest that there is not overlap between the right of a criminal defendant to refuse and the right of a civilly committed patient to refuse. Indeed, it is often unclear why an individual is brought to the emergency room of a general hospital and eventually committed, rather than being arrested and booked and later …

Aids-Related Dementia And Competency To Stand Trial: A Potential Abuse Of The Forensic Mental Health System?, Michael L. Perlin, Joel Dvoskin

Articles & Chapters

No abstract provided.

Treating Crazy People Less Specially, Stephen J. Morse

West Virginia Law Review

No abstract provided.

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The Theory And Practice Of Civil Commitment, Andrew Scull

Michigan Law Review

A Review of The Court of Last Resort: Mental Illness and the Law by Carol A.B. Warren, contributions by Stephen J. Morse and Jack Zusman

Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch

Michigan Law Review

A Review of Madness and the Criminal Law by Norval Morris

The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review

Michigan Law Review

A Review of The Insanity Plea: The Uses and Abuses of the Insanity Defense by William J. Winslade and Judith Wilson Ross

Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall

University of Michigan Journal of Law Reform

Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …

Mental Health Law: Major Issues, Michigan Law Review

Michigan Law Review

A Review of Mental Health Law: Major Issues by David B. Wexler

Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review

Michigan Law Review

A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman