Law and Psychology Commons^™

I Shot The Sheriff, But Only My Analyst Knows: Shrinking The Psychotherapist-Patient Privilege, Brian Domb

Journal of Law and Health

This Note will discuss the psychotherapist-patient privileges as it relates to past crimes and will use the Menendez facts to analyze different problems associated with the privilege. First, privileges law in general will be described with an emphasis on the public policy rationales supporting the specific privileges; ample space will then be devoted exclusively to the psychotherapist -patient privilege, especially the unique problems associated with having any exceptions which allow testimony of psychotherapeutic communications. The Note will then discuss the recognized exceptions to the psychotherapist privilege to see if a case can be made for an exception relating to past …

Rights Within The Therapeutic Relationship, Patricia King

Journal of Law and Health

My thesis is that the failure of these rights to be implemented in any meaningful way for persons with mental illness is the result of a narrow image of rights which emphasizes the individual, valuing autonomy independent of care, and sacrifices relationship and the connection to the community. By conceiving of rights in such a way, we strengthen the individual but do not address the reality of the context or relationship within which persons with mental illness will actualize these rights. This failure to recognize and account for the disequilibrium within therapeutic relationships and the necessity of caring within such …

Book Review: Out Of Bedlam: The Truth About Deinstitutionalization, By Ann Braden Johnson, Michael L. Perlin

Other Publications

No abstract provided.

Senate Bill 43: A Refinement Of North Carolina's Involuntary Civil Commitment Procedures, Bruce Vrana

Campbell Law Review

In Part I, this Comment will examine the historical context of Senate Bill 43. Part II will review the evolution of due process rights of mentally ill people who undergo involuntary civil commitment proceedings. Part III will demonstrate that the new requirements of Senate Bill 43 for automatic commitment and burden of proof do not violate insanity acquittees' due process rights. Part IV will show that the new "dangerousness test" of Senate Bill 43 endangers due process rights of insanity acquittees. Part V will discuss the constitutionality of retrospective application of these different procedures to patients whose commitments predate the …

Competency, Deinstitutionalization, And Homelessness: A Story Of Marginalization, Michael L. Perlin

Articles & Chapters

No abstract provided.

Power Imbalances In Therapeutic And Forensic Relationships, Michael L. Perlin

Articles & Chapters

This article examines the ways that power imbalances affect relationships in the forensic mental disability system and between therapists and their clients. It considers the impact of the "dual loyalty" dilemma on forensic relationships, the manner in which courts deal with this dilemma, and suggests several points of commonality that arise around such power conflicts. It also examines recent litigation involving therapeutic relationships, and attempts to extract doctrinal threads from these cases. Finally, it recommends that, in order for the judicial system to attempt to correct any of the underlying imbalances, courts and jurors must openly come to grips with …

Beyond Candor, Scott Altman

Michigan Law Review

In Part I, I consider whether judges might hold inaccurate beliefs that make them more candid and constrained. I suggest that even if theories of neutral decisionmaking are incomplete and inaccurate, a legal system in which judges hold these beliefs about their own behavior could have advantages. If many judges believe that they can, should, and do decide almost all cases by following the law, they might behave differently than they would if they held more accurate beliefs. They might behave so as to facilitate repression and denial, because their self-esteem depends on maintaining the belief that they decide as …

A Modest Proposal: A Psychotherapist-Patient Privilege For West Virginia, Franklin D. Cleckley

West Virginia Law Review

No abstract provided.

Feminism And Post-Structuralism, Joan C. Williams

Michigan Law Review

A Review of The Female Body and the Law by Zillah R. Eisenstein

Of Literature, Politics, And Crime, Francis A. Allen

Michigan Law Review

A Review of Seductions of Crime: Moral and Sensual Attractions in Doing Evil

Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler

Michigan Law Review

A Review of Forgiveness and Mercy by Jeffrie G. Murphy and Jean Hampton

Crimes Of Obedience: Toward Social Psychology Of Authority And Responsibility, Michael Kenneth Isenman

Michigan Law Review

A Review of Crimes of Obedience: Toward Social Psychology of Authority and Responsibility by Herbert C. Kelman and V. Lee Hamilton

The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers

Michigan Law Review

A Review of Accusations of Child Sexual Abuse by Hollida Wakefield and Ralph Underwager., The Battle and the Backlash: The Child Sexual Abuse War by David Hechler., On Trial: America's Courts and Their Treatment of Sexually Abused Children by Billie Wright Dziech and Chales B. Schudson.

Some Implications Of Cognitive Psychology For Risk Regulation, Roger G. Noll, James E. Krier

Articles

Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the …

Attitudes Toward Corporate Responsibility: A Psycholegal Perspective, Valerie P. Hans

Cornell Law Faculty Publications

One of the most striking phenomena in the contemporary legal world is the shift toward holding businesses and corporations responsible for harm. Legal theorists and historians maintain that today business corporations are expected to provide compensation for injuries that in earlier times would have been attributed to individuals or to fate. Furthermore, criminal charges against businesses and business executives are becoming commonplace.

Despite a good deal of legal scholarship on the shift toward holding businesses culpable for harms, psychologists have conducted little systematic research on public views of corporate responsibility. How do people conceptualize the civil liability or criminal responsibility …

Unpacking The Myths: The Symbolism Mythology Of Insanity Defense Jurisprudence, Michael L. Perlin

Articles & Chapters

The insanity defense has been the subject of great controversy. A review of the jurisprudential debate, infamous cases, judicial and legislative decision-making, media coverage, as well as public attitudes, when read in light of scientific and empirical research, reveals a gaping disparity between what we know and how we think about the mentally ill and the insanity defense. The Author argues that this disparity is the result of several operational myths about the mentally ill and the insanity defense. In this Article, the Author focuses on the role of psychiatry, psychology, and mental illness in the law, specifically addressing how …

Psychodynamics And The Insanity Defense: Ordinary Common Sense And Heuristic Reasoning, Michael L. Perlin

Articles & Chapters

No abstract provided.

Aids-Related Dementia And Competency To Stand Trial: A Potential Abuse Of The Forensic Mental Health System?, Michael L. Perlin, Joel Dvoskin

Articles & Chapters

No abstract provided.

Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin

Articles & Chapters

No abstract provided.

Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno

Faculty Publications

No abstract provided.

A Crazy System: Mental Health Care Delivery In America, Steven R. Smith

Faculty Scholarship

The thesis of the Article is that there has been, and is, a large unmet need for mental health services in America, and that the mental health care delivery system has been so poorly put together that it is incapable of meeting a major portion of the need for services.

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

Articles

Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …

Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill

Department of Sociology: Dissertations, Theses, and Student Research

Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …

Charles Guiteau And The Christian Nation, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Trials Of Mental Health Law: Recent Trends And Developments In Canadian Mental Health Jurisprudence, Robert M. Gordon, Simon N. Verdun-Jones

Dalhousie Law Journal

Mental health law in Canada has traditionally shared many common themes with the mental health law of such other Commonwealth countries as Britain, Australia and New Zealand but is only a distant cousin of the system of mental health law that has emerged in the United States. The existence of an entrenched Bill of Rights in the United States has fashioned a situation in which many major issues relating to the rights of mental health patients have been dealt with as constitutional matters of great import. Consequently, the 1960s and 1970s witnessed a burgeoning of an exciting body of case …

Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke

UIC Law Review

No abstract provided.

Conflicts Of Law And Morality, 21 J. Marshall L. Rev. 691 (1988), Todd Volker

UIC Law Review

No abstract provided.

The Psychiatrist's Dilemma: Protect The Public Or Safeguard Individual Liberty?, Fay Anne Freedman

Seattle University Law Review

Part I of this Article traces the development and expansion of tort rules governing psychiatric liability and the mental health field. Part II briefly examines the concept of involuntary civil commitment, generally, and in Washington. Part III presents a factual overview and analysis of Petersen v. State, followed by a criticism of the court's decision and legislative response.

Admissibility Of Psychiatric Evaluations Under Miranda And The Right To Counsel: Satterwhite And Buchanan, Michael L. Perlin

Other Publications

No abstract provided.