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Series

Mentally ill

Discipline
Institution
Publication Year
Publication

Articles 1 - 18 of 18

Full-Text Articles in Law

The Treatment Of People With Mental Illness In The Criminal Justice System: The Example Of Oneida County, New York, Alexander Black '19, Kylie Davis '18, Kenneth Gray '20, Connor O'Shea '18, Alexander Scheuer '18, Samantha Walther '18, Nico Yardas '18, Frank M. Anechiarico, Ralph Eannace, Jennifer Ambrose Jun 2019

The Treatment Of People With Mental Illness In The Criminal Justice System: The Example Of Oneida County, New York, Alexander Black '19, Kylie Davis '18, Kenneth Gray '20, Connor O'Shea '18, Alexander Scheuer '18, Samantha Walther '18, Nico Yardas '18, Frank M. Anechiarico, Ralph Eannace, Jennifer Ambrose

Student Scholarship

This publication is two-fold: an executive summary and the report itself. The executive summary provides a general overview of the larger report, on the criminalization of the mentally ill. It begins by summarizing three case studies from the report that concern the intersection of mental health issues and the criminal justice system in Oneida County in New York State. It then provides a brief historical overview of mental health issues and the criminal justice system before going on to discuss the current best practices in addressing the criminalization of the mentally ill, including law-enforcement mechanisms, mental health courts, and reintegration ...


The Nypd And The Mentally Ill, Randolph M. Mclaughlin, Debra S. Cohen Feb 2017

The Nypd And The Mentally Ill, Randolph M. Mclaughlin, Debra S. Cohen

Elisabeth Haub School of Law Faculty Publications

Recently, a federal court judge cleared the way for a trial in the case of Mohamed Bah, a 28-year-old student killed in his home by NYPD officers after his mother, Hawa Bah, called 911 for assistance to take him to a hospital. Southern District Judge P. Kevin Castel's ruling denied New York City's motion seeking to dismiss claims of unlawful entry and excessive force against the police officers who responded to Mr. Bah's apartment, breached his door and then shot and killed him. Mr. Bah's family alleges that the final and fatal shot to Mr. Bah ...


Assumed Sane, Fatma Marouf Jan 2015

Assumed Sane, Fatma Marouf

Scholarly Works

In 2014, the Board of Immigration Appeals (BIA) held in Matter of G-G-S- that a noncitizen’s mental health status at the time of an offense is irrelevant to determining whether the offense is a “particularly serious crime” for immigration purposes. Since a “particularly serious crime” is a bar to asylum and withholding of removal, it can result in a noncitizen’s deportation to a country where he or she faces a serious risk of persecution. In deciding that immigration judges “are constrained by how mental health issues were addressed as part of the criminal proceedings,” the BIA failed to ...


Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone Jan 2012

Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone

All Faculty Scholarship

This Article will examine the reverse trend in civil commitment laws in the wake of recent tragedies and discuss the effect of broader civil commitment standards on the care and treatment of the mentally ill. The 2007 Virginia Tech shooting, the 2011 shooting of Congresswoman Giffords, and the 2012 Aurora movie theatre shooting have spurred fierce debates about the dangerousness of mentally ill and serve as cautionary tale about what happens when warning signs go unnoticed and opportunities for early intervention missed. This piece will explore the misconception about the role medication and inpatient civil commitments should play in prevention ...


The Tail Still Wags The Dog: The Pervasive And Inappropriate Influence By The Psychiatric Profession On The Civil Commitment Process, William Brooks Jan 2010

The Tail Still Wags The Dog: The Pervasive And Inappropriate Influence By The Psychiatric Profession On The Civil Commitment Process, William Brooks

Scholarly Works

The imposition of substantive and procedural protections in the civil commitment process thirty years ago created the expectation that courts would scrutinize commitment decisions by psychiatrists more closely and serve as a check on psychiatric decision-making. This has not happened.

Today, psychiatrists continue to play an overly influential role in the civil commitment process. Psychiatrists make initial commitment decisions that often lack accuracy because they rely on clinical judgment only. Furthermore, many psychiatrists do not want legal standards interfering with treatment decisions, and the nebulous nature of the concept of dangerousness enables doctors to make pretextual assessments of danger. At ...


Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustilnik Jan 2006

Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustilnik

Faculty Scholarship

Can constructs of social meaning lead to actual criminal confinement? Can the intangible value ascribed to the maintenance of certain social norms lead to radically inefficient choices about resource allocation? The disproportionate criminal confinement of people with severe mental illnesses relative to non-mentally ill individuals suggests that social meanings related to mental illness can create legal and physical walls around this disfavored group. Responding to the non-violent mentally ill principally through the criminal system imposes at least 6 billion dollars in costs annually on the public, above any offsetting public safety and deterrence benefits, and imposes terrible human costs on ...


Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner Jan 2003

Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner

Scholarly Articles

This article addresses a paradigmatic risk-based collateral sanction, the so-called civil confinement. In contrast to many other collateral sanctions, it does not follow automatically but is judicially imposed following a hearing. In Hendricks v. Kansas (1997) the Supreme Court specifically upheld involuntary confinement following a criminal justice sentence for a sexually violent predator. The Kansas statute mandated confinement based on an assessment of dangerousness which had to result from a mental abnormality. Once it characterized the sanction as civil, the Court concluded that procedural protections traditional in the criminal context, such as double jeopardy, do not apply. The narrow majority ...


A Healer Or An Executioner: The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin Jan 2003

A Healer Or An Executioner: The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin

All Faculty Scholarship

This article argues that despite the benefits of ridding the criminal justice system of some uncertainty and ignorance with respect to mental health issues, the very close involvement of psychiatrists in the criminal justice system as practiced in the United States is not only illogical and bad policy, but also unethical from the viewpoint of medical ethics. Part II of this article will lay the groundwork for the argument by discussing the history of the insanity defense, and of science's involvement with criminal justice; while Part III, will look into the association of science and the administration of justice ...


Involuntary Treatment Of The Mentally Ill: Autonomy Is Asking The Wrong Question, Dora W. Klein Jan 2003

Involuntary Treatment Of The Mentally Ill: Autonomy Is Asking The Wrong Question, Dora W. Klein

Faculty Articles

When determining if involuntary treatment is appropriate, the proper question for courts to ask is not whether autonomy is preferable to involuntary treatment, but whether no treatment at all is preferable to involuntary treatment. When legislatures develop and courts apply statutes governing civil commitment, the interests at stake should be considered not at the abstract level of "freedom" or "autonomy," but rather at the concrete level of the consequences that are likely to result from providing or not providing involuntary treatment. Only by examining the particular interests that are likely to be affected can informed decisions be made about when ...


The Privatization Of The Civil Commitment Process And The State Action Doctrine: Have The Mentally Ill Been Systematically Stripped Of Their Fourteenth Amendment Rights?, William Brooks Jan 2001

The Privatization Of The Civil Commitment Process And The State Action Doctrine: Have The Mentally Ill Been Systematically Stripped Of Their Fourteenth Amendment Rights?, William Brooks

Scholarly Works

No abstract provided.


The Benefits Of Voluntary Inpatient Psychiatric Hospitalization: Myth Or Reality?, Donald H. Stone Oct 1999

The Benefits Of Voluntary Inpatient Psychiatric Hospitalization: Myth Or Reality?, Donald H. Stone

All Faculty Scholarship

Throughout the United States, mentally ill persons are confined against their will in psychiatric hospitals as a result of being accused of dangerous behavior. Some are committed involuntarily by a judge after an administrative hearing during which they are afforded legal representation, a right to be present, and important due process protections, including the right to cross-examine witnesses and present one's own witnesses. However, a significant number of individuals, initially confined in psychiatric institutions for allegedly posing a danger to life or safety, never see an impartial judge, lawyer, or even a family member. These mentally ill individuals are ...


Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb Jul 1999

Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb

Cornell Law Faculty Publications

This article considers the constitutional and moral implications of the distinction the law draws between different classes of dangerous people, depending upon their status as mentally ill or mentally well. Those who are mentally well benefit from the right to freedom from incarceration unless and until they commit a crime. By contrast, dangerous people who are mentally ill are subject to potentially indefinite "civil" preemptive confinement.

In a relatively recent case, Kansas v. Hendricks, the United States Supreme Court upheld the post-prison civil confinement of Leroy Hendricks, a man who had served prison time after pleading guilty to child molestation ...


California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey Jan 1999

California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey

Articles

No abstract provided.


“Endgame”: Competency And The Execution Of Condemned Inmates—A Proposal To Satisfy The Eighth Amendment's Prohibition Against The Infliction Of Cruel And Unusual Punishment, Roberta M. Harding Jan 1994

“Endgame”: Competency And The Execution Of Condemned Inmates—A Proposal To Satisfy The Eighth Amendment's Prohibition Against The Infliction Of Cruel And Unusual Punishment, Roberta M. Harding

Law Faculty Scholarly Articles

The first section of this Article provides a brief historical overview of the proscription against executing the incompetent and the proffered rationales. This section also examines key factors contributing to the increase in the number of mentally dysfunctional condemned inmates. Then the Article explores the traditional competency-to-execute model that remains in use. This analysis will include a discussion of specific issues, such as: the term used to describe the requisite mental affliction, how that term is defined in order to identify who may ultimately benefit from the rule in Ford v. Wainwright, what standard is appropriate to determine whether an ...


A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks Jan 1991

A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks

Scholarly Works

No abstract provided.


State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin Jan 1987

State Constitutions And Statutes As Sources Of Rights For The Mentally Disabled: The Last Frontier?, Michael L. Perlin

Articles & Chapters

No abstract provided.


The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Have Come, Christopher Slobogin Jan 1985

The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Have Come, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The guilty but mentally ill verdict has received increasing attention. Several states had already passed or were seriously considering legislation establishing a guilty but mentally ill verdict before John Hinckley's 1982 acquittal vaulted the idea into national prominence. Today at least twelve states have adopted some version of the verdict and perhaps twenty others have considered or are considering similar statutes.

Yet despite the popularity of the guilty but mentally ill scheme, the American Bar Association's Criminal Justice Mental Health Standards, the American Psychiatric Association Statement on the Insanity Defense,' and the National Mental Health Association's Commission ...


The Minnesota Commitment Act Of 1982 Summary And Analysis, Eric S. Janus, Richard M. Wolfson Jan 1983

The Minnesota Commitment Act Of 1982 Summary And Analysis, Eric S. Janus, Richard M. Wolfson

Faculty Scholarship

Minnesota law governing commitments has been substantially

revised and recodified in the Minnesota Commitment Act of 1982.

The prior law is repealed and the new law is substituted for it effective

August 1, 1982.

This article has three purposes. First, the significant changes in

the civil commitment law are identified and their implications explored.

Second, where appropriate, the legal background underlying

the changes is explored in order to place the changes in context.

Third, the article identifies ambiguities and inconsistencies in the

Act, posits resolutions, and suggests areas for legislative attention.