Law and Psychology Commons^™

Life Is In Mirrors, Death Disappears: Giving Life To Atkins, Michael L. Perlin

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Beyond Dusky And Godinez: Competency Before And After Trial, Michael L. Perlin

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Scholars have carefully considered all aspects of the incompetency to stand trial process, questions involving incompetency to confess, questions involving incompetency to be executed, and, to a lesser extent, questions related to incompetency to plead guilty or to waive counsel, but little attention has been paid to the relationship between incompetency and the full range of other criminal procedure issues: sentencing, appeals, consent to searches, and others. This article discusses this range of issues, assesses the factors relied upon by courts in deciding these cases and attempts to offer an agenda for future scholarly developments in this area.

Sanism And The Law, Michael L. Perlin

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An Overview: International Human Rights And Mental Disability Law, Michael L. Perlin

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Chimes Of Freedom: International Human Rights And Institutional Mental Disability Law, Michael L. Perlin

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What's Good Is Bad, What's Bad Is Good, You'll Find Out When You Reach The Top, You're On The Bottom: Are The Americans With Disabilities Act (And Olmstead V. L.C.) Anything More Than 'Idiot Wind', Michael L. Perlin

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Mental Disability law is contaminated by "sanism," an irrational prejudice similar to such other irrational prejudices as racism and sexism. The passage of the Americans with Disabilities Act (ADA) - a statute that focused specifically on questions of stereotyping and stigma - appeared at first to offer an opportunity too deal frontally with sanist attitudes and, optimally, to restructure the way that citizens with mental disabilities were dealt with by the remainder of society. However, in its first decade, the ADA did not prove to be a panacea for such persons. The Supreme Court's 1999 decision in Olmstead v. L.C. …

Hidden Agendas And Ripple Effects: Implications Of Four Recent Supreme Court Decisions For Forensic Mental Health Professionals, Michael L. Perlin

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Supreme Court decisions have implications far beyond the legal principles they articulate, and it is essential that individuals working in the forensic mental health and correctional systems understand the extent to which such decisions can affect their practice and the facilities in which they work. The seemingly-unrelated cases of Godinez v. Moran (1993) (establishing a unitary standard for the determinations of competency to plead guilty, competency to waive counsel, and competency to stand trial), Kansas v. Hendricks (1997) (upholding the constitutionality of one state's “Sexually Violent Predator Act”), Pennsylvania Department of Corrections v. Yeskey (1998) (ruling that the Americans with …

How To Cross-Train For Peak Lawyering, Heidi K. Brown

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A Law Of Healing, Michael L. Perlin

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Their Promises Of Paradise: Will Olmstead V. L.C. Resuscitate The Constitutional Least Restrictive Alternative Principle In Mental Disability Law, Michael L. Perlin

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This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA) and endorsing an "integration mandate," forces us to reconsider the role of the "least restrictive alternative" in institutional mental disability law, and may serve to resuscitate and revitalize the constitutional foundations of that principle in this area of the law. In this context, Olmstead has the capacity to be the Supreme Court's most therapeutic mental disability law decision since that Court decided, in …

I Ain't Gonna Work On Maggie's Farm No More: Institutional Segregation, Community Treatment, The Ada, And The Promise Of Olmstead V. L.C., Michael L. Perlin

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Olmstead v. L.C., 119 S. Ct. 2176 (1999), qualifiedly affirming a decision that the Americans with Disabilities Act entitled plaintiffs - residents of Georgia State Hospital - to treatment in an "integrated community setting" as opposed to an "unnecessarily segregated" state hospital, potentially has the capacity to transform and revolutionize institutional mental disability law. Whether that potential is realized depends on multiple factors, especially the extent to which courts, legislatures and the public are willing to confront the extent to which sanism (an irrational prejudice of the same quality and character of other irrational prejudices that cause and are reflected …

For The Misdemeanor Outlaw: The Impact Of The Ada On The Institutionalization Of Criminal Defendants With Mental Disabilities, Michael L. Perlin

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This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA), causes us to reconceptualize state policies that mandate that all defendants in four categories - those being evaluated for competency to stand trial, those found permanently incompetent to stand trial under the Supreme Court's decision in Jackson v. Indiana, 406 U.S. 715 (1972), those being evaluated for insanity, and those found not guilty by reason of insanity - be treated and housed in …

Johnny's In The Basement/Mixing Up His Medicine: Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin

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Clinical legal education is both more exhilarating and more stressful than "traditional" legal education. It forces students to confront their pre-existing assumptions about the practice of law and the representation of clients (frequently, indigent and marginalized individuals), and it similarly forces them to integrate new doctrine, theory, and practice in a very different way than "regular" law classes demand.

Therapeutic jurisprudence considers the role of the law as a therapeutic agent, and examines all aspects of the legal system in an effort to determine whether it is operating therapeutically or anti-therapeutically, and suggests that legal decision-makers consider the potential impact …

"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …

Where The Winds Hit Heavy On The Borderline: Mental Disability Law, Theory And Practice, Us And Them, Michael L. Perlin

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There's No Success Like Failure/And Failure's No Success At All: Exposing The Pretextuality Of Kansas V. Hendricks, Michael L. Perlin

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The Borderline Which Separated You From Me: The Insanity Defense, The Authoritarian Spirit, The Fear Of Faking, And The Culture Of Punishment, Michael L. Perlin

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Make Promises By The Hour: Sex, Drugs, The Ada, And Psychiatric Hospitalization, Michael L. Perlin

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I'Ll Give You Shelter From The Storm: Privilege, Confidentiality, And Confessions Of Crime, Michael L. Perlin

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No Direction Home: The Law And Criminal Defendants With Mental Disabilities, Michael L. Perlin

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The Executioner’S Face Is Always Well-Hidden: The Role Of Counsel And The Courts In Determining Who Dies, Michael L. Perlin

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Rashomon And The Criminal Law: Mental Disability And The Federal Sentencing Guidelines, Michael L. Perlin, Keri K. Gould

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The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin

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Hospitalized Patients And The Right To Sexual Interaction: Beyond The Last Frontier, Michael L. Perlin

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Corrections Law: The Supreme Court And Treatment In Correctional And Forensic Mental Health Facilities: Recent Trends And Decisions, Michael L. Perlin

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Therapeutic Jurisprudence: Understanding The Sanist And Pretextual Bases Of Mental Disability Law, Michael L. Perlin

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Symposium: Therapeutic Jurisprudence: From Idea to Application

Decoding Right To Refuse Treatment Law, Michael L. Perlin

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What Is Therapeutic Jurisprudence?, Michael L. Perlin

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Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin

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The Ada And Persons With Mental Disabilities: Can Sanist Attitudes Be Undone?, Michael L. Perlin

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