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Disorder in the court : morality, myth, and the insanity defense
\"The first book-length rhetorical history and analysis of the insanity defense. The insanity defense is considered one of the most controversial, most misunderstood, and least straightforward subjects in the American legal system. Disorder in the Court: Morality, Myth, and the Insanity Defense traces the US legal standards for the insanity defense as they have evolved from 1843, when they were first codified in England, to 1984, when the US government attempted to revise them through the Insanity Defense Reform Act. Throughout this period \"insanity\" existed primarily as a legal term rather than a medical one; yet the testimony of psychiatric experts is required in cases in which an insanity defense is raised. The adjudication of such cases by courtroom practice is caught between two different but overlapping discourses, the legal and the medical, both of which have historically sought to assert and maintain firm disciplinary boundaries. Both expert and lay audiences have struggled to understand and apply commonplace definitions of sanity, and the portrayal of the insanity defense in popular culture has only served to further frustrate such understandings. Andrea L. Alden argues that the problems with understanding the insanity defense are, at their foundation, rhetorical. The legal concept of what constitutes insanity and, therefore, an abdication of responsibility for one's actions does not map neatly onto the mental health professions' understandings of mental illness and how that affects an individual's ability to understand or control his or her actions. Additionally, there are multiple layers of persuasion involved in any effort to convince a judge, jury--or a public, for that matter--that a defendant is or is not responsible for his or her actions at a particular moment in time. Alden examines landmark court cases such as the trial of Daniel McNaughtan, Durham v. United States, and the trial of John Hinckley Jr. that signal the major shifts in the legal definitions of the insanity defense. Combining archival, textual, and rhetorical analysis, Alden offers a close reading of texts including trial transcripts, appellate court opinions, and relevant medical literature from the time period. She contextualizes these analyses through popular texts--for example, newspaper articles and editorials--showing that while all societies have maintained some version of mental illness as a mitigating factor in their penal systems, the insanity defense has always been fraught with controversy\"-- Provided by publisher.
Book
Decisions and Dilemmas
In the field of mental health law, we entrust decisions with consequences of the utmost gravity – decisions about compulsory medical treatment and the loss of liberty – to doctors and approved social workers. Yet, how do these non-lawyers make decisions where the legitimacy of those decisions derives from law? This book examines the practical, ethical and legal terrain of duo-disciplinary decision-making: given identical cases, what dilemmas do psychiatrists and approved social workers encounter, do they reach the same or similar decisions and, most critically, how are those decisions justified? At a time of ferment in mental health law, this book, through its narrative format, provides a better understanding of the dilemmas posed.
eBook
New Law and Ethics in Mental Health Advance Directives
The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves.
Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights.
The book covers topics including:
refusing treatment
new approaches in human rights
international perspectives in mental health law
the right to demand treatment.
The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers.
eBook
From courtroom to clinic : legal cases that changed mental health treatment
\"Why do present-day mental health professionals practice the way that they do? Over the past fifty years, a number of landmark court holdings have changed such basic principles as what material is confidential, how civil commitment and involuntary treatment are conducted, and when a therapist has a duty to protect the public from a dangerous patient. Unlike most legal texts, this volume explores these complex principles through the human stories of the litigants involved\"--Provided by publisher.
Book
Mental health & mental capacity law for social workers : an introduction
Introduces students to the fundamental principles of mental health law and how they can be applied to everyday practice with clear introductions to key Acts such as the Mental Capacity Act and the Mental Health Act as well as the relevant Codes of Practice.
eBook
Mental disability, violence, and future dangerousness
When horrific acts of violence take place, events such as massacres in Boston, Newtown, CT, and Aurora, CO, people want answers. Who would commit such a thoughtless act of violence? What in their backgrounds could make them so inhumane, cruel, and evil? Often, people assume immediately that the perpetrator must have a mental disorder, and in some cases that does prove to be the case. But the assumption that most people with mental disorders are violent, prone to act out, and a threat to others and themselves, is clearly erroneous. Mental Disability, Violence, and Future Dangerousness thoroughly documents and explains how and why persons with mental disabilities who are perceived to be a future danger to others, the community, or themselves have become the most stigmatized, abused, and mistreated group in America, and what should be done to correct the resulting injustices. Each year state and federal governments incarcerate, deny treatment to, and otherwise deprive hundreds of thousands of Americans with mental disabilities of their fundamental rights, liberties, and freedoms— including on occasion their lives—based on unreliable and misleading predictions that they are likely to be dangerous in the future. Yet, due to an exaggerated fear of violence in our society, almost no one seems concerned about these injustices, which exclusively affect Americans who have been impaired by mental disorders and the lack of treatment, especially after they have been abused as children or injured in combat. Instead, we appear to be oblivious to these injustices or comfortable in allowing them to become worse. Here, John Weston Parry carefully delineates the mishandling of persons with mental disabilities by the criminal and civil justice systems, and illustrates the ways in which we can identify and remedy those injustices.
eBook
Beyond abortion : Roe v. Wade and the battle for privacy
More than four decades into the culture wars, Roe v. Wade has become shorthand for the American abortion debate. Rights to Privacy: The Forgotten Legacy of Roe v. Wade illuminates an entirely different and unexpected legacy of America's most controversial Supreme Court decision. Drawing on archives and extensive interviews with key participants, Rights to Privacy opens a window onto an intense debate about the right to privacy that continues to this day. In the 1970s and beyond, activists set out bold ideas about government responsibility, sexual consent, consumer rights, digital data, individual identity, and end-of-life care. These unanticipated visions of a right to choose gradually (but never completely) gave way to a more limited freedom from government. Ziegler captures the rise of contemporary ideas about privacy, all the while explaining the continuing hold that this right--and Roe--have on the public imagination.-- Provided by publisher
Book
Madness at Home
The history of psychiatric institutions and the psychiatric profession is by now familiar: asylums multiplied in nineteenth-century England and psychiatry established itself as a medical specialty around the same time. We are, however, largely ignorant about madness at home in this key period: what were the family's attitudes toward its insane member, what were patient's lives like when they remained at home? Until now, most accounts have suggested that the family and community gradually abdicated responsibility for taking care of mentally ill members to the doctors who ran the asylums. However, this provocatively argued study, painting a fascinating picture of how families viewed and managed madness, suggests that the family actually played a critical role in caring for the insane and in the development of psychiatry itself. Akihito Suzuki's richly detailed social history includes several fascinating case histories, looks closely at little studied source material including press reports of formal legal declarations of insanity, or Commissions of Lunacy, and also provides an illuminating historical perspective on our own day and age, when the mentally ill are mainly treated in home and community.
eBook