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Full-Text Articles in Law
Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review
Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review
Michigan Law Review
A Review of Beating a Rap? Defendants Found Incompetent To Stand Trial by Henry J. Steadman
Mental Disabilities And Criminal Responsibility, Michigan Law Review
Mental Disabilities And Criminal Responsibility, Michigan Law Review
Michigan Law Review
A Review of Mental Disabilities and Criminal Responsibility by Herbert Fingarette and Ann Fingarette Hasse
Mental Illness And Criminal Commitment In Michigan, Grant H. Morris
Mental Illness And Criminal Commitment In Michigan, Grant H. Morris
University of Michigan Journal of Law Reform
This article concentrates on one vital issue: to what extent are differences in treatment justified because of a mentally ill person's "criminal" involvement. While the article is primarily concerned with Michigan institutions and Michigan statutes, the discussion and the solutions proposed are in many respects applicable to all states of the Union. Not only must all states reevaluate their policies toward criminal commitment of the mentally ill in light of ever-changing medical and penal theory, but they must also consider the developing constitutional concepts in this area. These constitutional issues are raised here only to the extent necessary to alert …
Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.
Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.
Michigan Law Review
Defendants in the criminal process are divided into rigidly exclusive categories of mental health. The competent to stand trial are first separated from the incompetent. Then the competent are divided on the basis of their mental state at the time of their acts between the "sane" and the "insane." As long as these rigid categories are administered in an adversary trial system, some misdirection of victims of serious mental illness into the penal system is almost inevitable. Even where mental illness might otherwise prevent conviction, those accused of non-capital felonies are not likely to raise the question, and few courts …
Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross
Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross
Michigan Law Review
A number of recent events makes it timely to reconsider certain aspects of the relation between psychiatry and the law. In the past decade, both the public and the legal profession have been increasingly concerned with the impact of mental illness on the law. In 1952, an outstanding text, Psychiatry and The Law, was published as the joint effort of a lawyer and a psychiatrist. Two years later the Durham case laid down a new test of insanity in criminal cases, rejecting the M'Naghten rule. Interest in the case resulted in a host of law review articles, symposiums, and …