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Full-Text Articles in Law
Atkins V. Virginia: A Psychiatric Can Of Worms, Douglas Mossman Md
Atkins V. Virginia: A Psychiatric Can Of Worms, Douglas Mossman Md
Faculty Articles and Other Publications
This article provides a psychiatric perspective on the problems Atkins raises for courts that handle death penalty cases. In contrast to the overarching aim of the majority's opinion in Atkins - making the administration of capital punishment more equitable - the Supreme Court's latest prescription of psychiatric help may only add a new layer of complexity and confusion to the already capricious process through which the U.S. criminal justice system imposes death sentences. The article briefly review's the Supreme Court's 1989 Penry decision, focusing on the role that evidence of mental retardation played in death penalty cases before Atkins was …
Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman
Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman
Law Faculty Articles and Essays
Do histories of psychiatry make a difference--or have legal implications--in the present? Does our current situation help explain what historians say about psychiatry's past? Focusing on the past half century--the era of medications-- this paper explores the reciprocal relationship between the present and the past in psychiatry. Part II sketches the medical developments that constitute the subjects of any history of psychiatry. This Part also examines related developments in law. Part III introduces some problems of psychiatric historiography and examines some historians' attempts to deal with them. Part IV analyzes the account of psychiatry's past contained in Edward Shorter's well-regarded …