By Michael L. Perlin
Studying the therapy of individuals with psychological disabilities within the felony justice process, this booklet bargains new views which are an important to an realizing of the ways that society initiatives onto legal defendants prejudices and attitudes approximately accountability, loose will, autonomy, selection, public defense, and the which means and function of punishment, all with a spotlight on how you can increase dignity within the legal trial strategy. it's a targeted exploration of problems with adequacy of tips; the influence of foreign human rights legislation, following the ratification of the United countries conference at the Rights of people with Disabilities (CRPD); the position of psychological future health courts; and the impression of healing jurisprudence, procedural justice, and restorative justice at the felony approach. It considers all of those views within the context of felony justice process concerns similar to competency findings, the madness security, and sentencing. Demonstrating how the query of therapy of individuals with psychological disabilities within the legal justice procedure is not just an important one for either students and practitioners, but in addition a significant part of overseas human rights legislation, this publication indicates coverage improvement, extra scholarly inquiries, and newly invigorated pondering and motion to put dignity on the middle of the legal justice approach.
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Extra resources for A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law
729, 738 (1988). 100 See generally Perlin, supra note 83. 101 On the role of false OCS in the perpetuation of false beliefs in police and criminal psychology, see Michael G. Aamodt, Reducing Misconceptions and False Beliefs in Police and Criminal Psychology, 35 Crim. Just. & Behav. 1231 (2008); see also, Arthur J. Lurigio, Examining Prevailing Beliefs about People with Serious Mental Illness in the Criminal Justice System, 75 Fed. Probation 11 (June 2011); on the relationship between such OCS and attitudes towards law enforcement in general, see David Flagel & Paul Gendreau, Sense, Common Sense, and Nonsense, 35 Crim.
619, 627 (2011–12) (on how “learning in the workplace promotes confrontation of ineffective heuristics and their replacement with genuine understanding”). 69 Perlin, supra note 51, at 27. 70 Russell Covey, Criminal Madness: Cultural Iconography and Insanity, 61 Stan. L. Rev. 1375, 1381 (2009). 71 Perlin, Pretexts, supra note 17, at 602–03: Perlin, Ghettoization, supra note 3, at 874–75. 76 Through the “representative heuristic,” we extrapolate overconfidently based upon a 72 Perlin, Borderline, supra note 65, at 1417; see also, M.
L. Rev. 329 (1995) (discussing myth in criminal cases). For a numbing account of criminal justice defense services provided in many states, see Amy Bach, Ordinary Injustice—How America Holds Court (2009). For an analysis in one state, see Justine Finney Guyer, Saving Missouri’s Public Defender System: A Call for Adequate Legislative Funding, 74 Mo. L. Rev. Y. Newsday, Nov. 25, 1991, at 8. On how lawyers’ self-image may be negatively affected by their representation of persons with mental disabilities, see Laberge & Morin, supra note 2, at 203–05.