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Author: Kay Wilson
Publisher: Taylor & Francis
ISBN: 1000954781
Category : Law
Languages : en
Pages : 284
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Book Description
This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus.
Author: Kay Wilson
Publisher: Taylor & Francis
ISBN: 1000954781
Category : Law
Languages : en
Pages : 284
Get Book Here
Book Description
This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus.
Author: Michael L. Perlin
Publisher:
ISBN:
Category : Insanity (Law)
Languages : en
Pages : 948
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Book Description
Author: Kay Wilson
Publisher: Oxford University Press
ISBN: 0192843257
Category : Law
Languages : en
Pages : 257
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Book Description
The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.
Author: John Weston Parry
Publisher: Rowman & Littlefield
ISBN: 1442224053
Category : Psychology
Languages : en
Pages : 397
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Book Description
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.
Author: John Q. LaFond
Publisher: Oxford University Press
ISBN: 0198022204
Category : Law
Languages : en
Pages : 281
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Book Description
Today, American mental health law and policy promote the restoring of "law and order" in the community rather than protecting civil liberties for the individual. This compelling book recounts how and why mental health law is being reshaped to safeguard society rather than mentally ill citizens. The authors, both experts in the field, convincingly demonstrate how rapidly changing American values ignited two very different visions of justice for the mentally ill. They argue that during the "Liberal era"-- from 1960 to 1980-- Americans staunchly supported civil liberties for all, particularly for disadvantaged citizens like the mentally ill. Also, criminal law provided ample opportunities for mentally ill offenders to avoid criminal punishment for their crimes, and restrictive civil commitment laws made it difficult to hospitalize the mentally disabled against their will. During the "Neoconservative era"--from 1980 on-- however, the public demanded new laws as a result of the rise in crime and the increasing number of homeless in communities. These changes make it much more difficult for mentally ill offenders to escape criminal blame and far easier to put disturbed citizens into hospitals against their will. Back to the Asylum accurately describes how this abrupt shift in from protecting individual rights to protecting the community has had a major impact on the mentally ill. It examines these legal changes in their broader social context and offers a provocative analysis of these law reforms. Finally, this timely work forecasts the future of mental health law and policy as America enters the twenty-first century.
Author: Brendan D. Kelly
Publisher: Taylor & Francis
ISBN: 1000984915
Category : Law
Languages : en
Pages : 756
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Book Description
Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309439124
Category : Social Science
Languages : en
Pages : 171
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Book Description
Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.
Author: David Ferleger Esq.
Publisher: iUniverse
ISBN: 1491783591
Category : Law
Languages : en
Pages : 182
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Book Description
In celebration of the 25th anniversary of the enactment of the Americans with Disabilities Act, nationally recognized disability rights advocates looked ahead to the next twenty-five years of disability law in the United States during the 2015 Jacobus tenBroek Disability Law Symposium. Topics discussed included the future of disability law, civil rights movements and culture and policy change, the school to prison pipeline, aging and disability, and criminal justice and disability.
Author: Liza H. Gold, M.D.
Publisher: American Psychiatric Pub
ISBN: 1585624985
Category : Medical
Languages : en
Pages : 482
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Book Description
Perhaps never before has an objective, evidence-based review of the intersection between gun violence and mental illness been more sorely needed or more timely. Gun Violence and Mental Illness, written by a multidisciplinary roster of authors who are leaders in the fields of mental health, public health, and public policy, is a practical guide to the issues surrounding the relation between firearms deaths and mental illness. Tragic mass shootings that capture headlines reinforce the mistaken beliefs that people with mental illness are violent and responsible for much of the gun violence in the United States. This misconception stigmatizes individuals with mental illness and distracts us from the awareness that approximately 65% of all firearm deaths each year are suicides. This book is an apolitical exploration of the misperceptions and realities that attend gun violence and mental illness. The authors frame both pressing social issues as public health problems subject to a variety of interventions on individual and collective levels, including utilization of a novel perspective: evidence-based interventions focusing on assessments and indicators of dangerousness, with or without indications of mental illness. Reader-friendly, well-structured, and accessible to professional and lay audiences, the book: * Reviews the epidemiology of gun violence and its relationship to mental illness, exploring what we know about those who perpetrate mass shootings and school shootings. * Examines the current legal provisions for prohibiting access to firearms for those with mental illness and whether these provisions and new mandated reporting interventions are effective or whether they reinforce negative stereotypes associated with mental illness. * Discusses the issues raised in accessing mental health treatment in regard to diminished treatment resources, barriers to access, and involuntary commitment.* Explores novel interventions for addressing these issues from a multilevel and multidisciplinary public health perspective that does not stigmatize people with mental illness. This includes reviews of suicide risk assessment; increasing treatment engagement; legal, social, and psychiatric means of restricting access to firearms when people are in crisis; and, when appropriate, restoration of firearm rights. Mental health clinicians and trainees will especially appreciate the risk assessment strategies presented here, and mental health, public health, and public policy researchers will find Gun Violence and Mental Illness a thoughtful and thought-provoking volume that eschews sensationalism and embraces serious scholarship.
Author: Robert Schopp
Publisher: Springer
ISBN: 9781441927408
Category : Psychology
Languages : en
Pages : 0
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Book Description
expands traditional inquiry regarding the significance of psychopathology in the criminal process to include blameworthiness for sentencing, criminal competence at various stages in the process, and dangerousness pairs legal analysis with empirical research in order to promotoe integration of these two aspects of relevant inquiry addresses a wide range of participants in the legal, clinical, and academic disciplines
