Law Commons^™

Out Of Sight, Out Of Mind: The Hidden Issues And Entertainment Within The World Of Crime And Punishment, John Charlton, Christian Sorrells, Aaron Burney, Jonathan Yi

ENGL 1102 Showcase

An anthology diving into observing topics related to crime and punishment and determining the effect on the greater topic. Explains why people are so interested in crime, how PTSD can lead to violence and questioning how prisoners spend their time and all through provoking questions addressed in this anthology in the hope that it creates a greater understanding of crime and punishment as a whole.

Law Enforcement Recruit Health Database, Myles C. Murphy, Simone Radavelli-Bagatini, Garth Allen, Nicolas Hart, Andrea Mosler

Research Datasets

Our study established clear demographic, mental health/physical injury, and physical performance data to be collected in a law enforcement recruit training program for injury surveillance and performance monitoring. Furthermore, we identified several items that were classified as relevant, but unlikely to be reported truthfully. These items which can help inform current practice and assist clinicians to determine the trustfulness of information received by patients when working within law enforcement environments.

Measurement And Predictors Of Mental Health Among Parents Of Children With Intellectual And Developmental Disabilities, Rumi Agarwal

FIU Electronic Theses and Dissertations

Parents of children with intellectual and developmental disabilities (IDD) experience elevated levels of stress, anxiety, and other adverse mental health conditions. Despite extensive literature on parental mental health, this research addressed three gaps. First, a systematic review identified the interventions and respective scales used to address and assess stress and anxiety among parents of transition-aged children with autism spectrum disorder (ASD). This was necessary given that the stressors parents experience vary with the age of the child. Of the 11 studies included in the final review, it was evident that most interventions and scales were not aligned with the unique …

Sustaining Lawyers, Seema Saifee

All Faculty Scholarship

Many lawyers are drawn to a career in social justice, in part, to help others and, in part, to fulfill their own path to wellness. Advocacy that sustains personal well-being, however, also poses considerable obstacles to well-being. Some of these obstacles are inherent to social justice work but some are embedded within organizational culture. These cultural norms impair the health of advocates, harm the communities with whom they work, and portend far-reaching consequences for the future of progressive struggles for freedom. Drawing on the author's personal experience, this Essay identifies three cultural norms, described as pathologies, that are rarely discussed …

Police Social Work In Minnesota: Starting The Conversation, Jenny Ellsworth, Taylor Fish, Alison Niesen, Natalia Pitts

Master of Social Work Student Policy Advocacy Briefs

Even with enhanced police officer training focused on improving responses to mental illness, chemical dependency, and other crisis-related calls, police officers remain ill-equipped to serve as trained mental health professionals. Officers respond to these service-related calls more frequently than crime-related calls, which is why community partnerships between police officers and social workers are needed to promote the safety and well-being of people in crisis.

“Para Nunca Más Vivirlo, Nunca Más Negarlo”: El Legado De Violencia Sexual Durante La Dictadura, Isabel De La Torre

Independent Study Project (ISP) Collection

Research Question: What are the mental health effects of sexual political violence against women during the dictatorship and during the current socio-political movement?

Objectives: The general objective of this study is to identify how sexual political violence has been used in Chile against women and to analyze its consequences on the mental health of survivors. More specifically, this study attempts to investigate the mechanisms sexual political torture during the dictatorship and now, visibilize the unique damages to mental health caused by this type of violence, and analyze the dictatorial legacy in regards to sexual violence and the current socio-political climate. …

The Moderating Relationship Of Comorbid Psychopathology And Treatment Outcome For Young Adult Offenders In Drug Court, Patrick Mcgonigal, Kathleen A. Moore, Matthew Scott Young

Mental Health Law & Policy Faculty Publications

Title: The moderating relationship of comorbid psychopathology and treatment outcome for young adult offenders in drug court.

Background: The drug court system is an alternative to incarceration that provides offenders with non-violent, substance motivated crimes with an opportunity to dismiss their charges and undergo a rigorous substance abuse treatment program. It is unknown whether drug court is effective for young adult clients and the role of co-occurring psychopathology within this context.

Methods: This study evaluated the overall effectiveness of a drug court system applied to young adult offenders ages 18-26, and additionally explored the moderating relationship of psychiatric symptoms on …

Trigger Warnings: From Panic To Data, Francesca Laguardia, Venezia Michalsen

Department of Justice Studies Faculty Scholarship and Creative Works

Following a practice originated online, university faculty and staff have increasingly used “trigger warnings” to alert students to the possibility that they might be affected or even harmed by potentially traumatic material. This practice has led to a passionate debate about whether such warnings stifle or encourage student expression and academic freedom, and whether they are beneficial or detrimental to learning. In this article, we illustrate the history and current state of this debate, and examine the scientific support for the arguments for and against the use of such warnings. Specifically, we question the scientific basis for the suggestion that …

Resource Guide For Addiction And Mental Health Care Consumers: Answering Questions About Insurance Coverage And Parity For Addiction And Mental Health Care Services, Lucy C. Hodder, Michele D. Merritt, Margaret H. Schmidt, Jacqueline Botchman, Caitlyn Ebert, Marguerite Corvini, Kate Crary, Bridget Drake

Law Faculty Scholarship

Navigating the maze of health insurance coverage can be difficult. For individuals with addiction or mental illness, the process of getting treatment approved and paid for by health insurance can be overwhelming. As a result, many people give up when their health insurance company denies coverage for needed services. This Guide can help people learn how to access health insurance and use their coverage to pay for treatment. This Guide also provides a basic explanation of consumers’ rights under the federal Mental Health Parity and Addiction Equity Act.

Rape And Mental Health Outcomes Among Women: Examining The Moderating Effects Of “Healthy” Fear Levels, Ryan E. Spohn, Emily M. Wright, Johanna C. Peterson

Criminology and Criminal Justice Faculty Publications

This study examined the mediating and moderating impact of fear of victimization on the relationships between forcible and vicarious rape on depression and PTSD among college women. Forcible and vicarious rape positively affected PTSD and depression symptomology, but fear did not mediate these relationships. Fear moderated the impact of forcible rape on PTSD, but was not a moderator for depression. Findings suggest that there may be “healthy” levels of fear in the aftermath of victimization where having too little fear may leave women unnecessarily vulnerable to victimization, while having too much fear may lead to social isolation and withdrawal.

Prevalence And Predictors Of Substance-Related Emergency Psychiatry Admissions, M. Scott Young, Kathleen A. Moore

Mental Health Law & Policy Faculty Publications

Background: Individuals commonly present for emergency psychiatry services for reasons related to their use of alcohol or illicit drugs. This study assessed the prevalence of these phenomena and explored characteristics distinguishing emergency psychiatry admissions with versus without presenting problems related to substance use. Methods: Data included standardized emergency psychiatry intake interviews from 2,161 consecutive admissions to three hospital-based emergency psychiatry departments in Florida’s Tampa Bay area. Admissions were classified as substanceinvolved if substance use was ascertained to be related to the presenting problem(s). Cases with only substance-related presenting problems were classified as substance-only admissions. Descriptive statistics compared substance-involved admissions to …

Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin

Department of Justice Studies Faculty Scholarship and Creative Works

Research has consistently shown that most women under the control of the criminal justice system are mothers. The robustness of this finding has been accompanied by a failure to consider the characteristics and needs of women without children. In this study, we examine data on 1,334 formerly incarcerated women. Findings indicate that while mothers and non-mothers share some characteristics, they differ on several others, most notably demographic profile, mental health, and timing of contacts with the criminal justice system. These results suggest a need to recognize the diversity among women offender groups, particularly when developing policies and programs need.

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 …

Association Between Mental Health Disorders And Juveniles' Detention For A Personal Crime, Patricia A. Stoddard Dare, Christopher A. Mallett, Craig Boitel

Social Work Faculty Publications

Background: Youth involved with juvenile courts often suffer from mental health difficulties and disorders, and these mental health disorders have often been a factor leading to the youth’s delinquent behaviours and activities.

Method: The present study of a sample population (N= 341), randomly drawn from one urban US county’s juvenile court delinquent population, investigated which specific mental health disorders predicted detention for committing a personal crime.

Results: Youth with attention-deficit hyperactivity disorder and conduct disorder diagnoses were significantly less likely to commit personal crimes and experience subsequent detention, while youth with bipolar diagnoses were significantly more likely.

Conclusion: Co-ordinated youth …

A Transformational Melancholy: One Law Professor's Journey Through Depression, Marjorie A. Silver

Scholarly Works

In the fall 2007 issue of the Journal of Legal Education, Professor James Jones shared his deeply personal, remarkable, ongoing, story of living, struggling and succeeding as a law professor with bipolar disorder (James T.R. Jones, Walking the Tightrope of Bipolar Disorder: The Secret Life of a Law Professor, 57 J. LEGAL ED. 349 (2007). His essay ended with an invitation to other members of the legal academy to contact him or Professor Elyn Saks, author of an extraordinary memoir about her life with schizophrenia, (ELYN R. SAKS, THE CENTER CANNOT HOLD (2007)) if interested in forming a confidential support …

Incompetence To Maintain A Divorce Action: When Breaking Up Is Odd To Do, Douglas Mossman Md, Amanda N. Shoemaker

Faculty Articles and Other Publications

The law has well-established provisions for handling divorce actions initiated on behalf of persons already adjudged incompetent or by competent petitioners against incompetent spouses. But how should a court respond if a mentally ill petitioner who is competent to manage most personal affairs seeks to divorce a spouse for bizarre, very odd, or crazy-sounding reasons?

Several recent social developments - better psychiatric treatment, wider acceptance of divorce, population trends, and the advent of “no-fault” and unilateral divorce laws - have made it more likely that mentally ill petitioners will seek divorces. Yet the question of whether to allow a divorce …

An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Feral Courts, Deirdre M. Smith

Faculty Publications

Twelve years ago in Jaffee v. Redmond, 518 U.S. 1 (1996), the United States Supreme Court first recognized a federal common law psychotherapist-patient privilege and held that federal courts must protect confidential communications arising in psychotherapy despite the "likely evidentiary benefit" of such communications. This article examines the sharply conflicting authority in the federal courts that has developed since that landmark decision on the question of whether a plaintiff to a civil lawsuit waives the psychotherapist-patient privilege merely by seeking emotional distress damages. The federal courts' inconsistent and unprincipled approaches to this question renders the privilege itself nearly illusory and …

History, Principles, Context, And Approach: The Special Homeless Initiative Of The Massachusetts Department Of Mental Health, Martha R. Burt

Center for Social Policy Publications

Preventing homelessness or ending it quickly for Massachusetts residents with serious mental illness (SMI) has been a strong element of the Department of Mental Health’s agenda for approximately two decades. The Department of Mental Health (DMH, or the Department) estimates that the Commonwealth of Massachusetts is home to approximately 48,000 adults with SMI. Of these, the Department serves the most disabled and the poorest. Client incomes hover around 15 percent of the area median income. Most clients are not employed, and rely on SSI-SSDI benefits for their income. DMH efforts to prevent or end homelessness for its clients have been …

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 …

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

Articles by Maurer Faculty

No abstract provided.

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Articles by Maurer Faculty

No abstract provided.

Unbuckling The Chemical Straitjacket: The Legal Significance Of Recent Advances In The Pharmacological Treatment Of Psychosis, Douglas Mossman Md

Faculty Articles and Other Publications

Antipsychotic medications figure prominently in the rapidly-growing field of mental disability law. Although the properties of antipsychotic medications are medical matters, legal scholars, judges, and practicing attorneys often need to understand what these drugs do. Yet the legal database - the principal or sole information source cited and consulted by legal thinkers - is often a source of confusion or misinformation about the actions of antipsychotic drugs and the scientific basis for prescribing them. The potential for misunderstanding antipsychotic treatment has increased since the arrival of "novel" or "aytpical" antipsychotic drugs, which cause fewer side effects than drugs that were …

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 …

Foreword: Public Health & The Law—A Symposium Dedicated To Professor William J. Curran, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This essay serves as the foreword to Public Health & the Law, a symposium dedicated to Professor William J. Curran held in 1987.

During his career, Professor Curran chaired the Harvard School of Public Health Committee on Human Research; he directed the Program in Law and Public Health; and he was co-director of the Harvard Interfaculty Program in Medical Ethics from 1973 to 1980. He was also an advisor to the World Health Organization and spent two sabbatical periods in Europe with WHO organizations. He advised and lectured in countries throughout the world.

At Harvard Law School and at …

"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.