By Michael L. Perlin
Analyzing the remedy of folks with psychological disabilities within the felony justice procedure, this ebook deals new views which are an important to an figuring out of the ways that society tasks onto legal defendants prejudices and attitudes approximately accountability, loose will, autonomy, selection, public safeguard, and the that means and goal of punishment, all with a spotlight on how one can improve dignity within the felony trial procedure. it's a certain exploration of problems with adequacy of suggestions; the effect 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 healthiness courts; and the effect of healing jurisprudence, procedural justice, and restorative justice at the felony approach. It considers all of those views within the context of legal justice process concerns similar to competency findings, the madness safeguard, and sentencing. Demonstrating how the query of therapy of people with psychological disabilities within the felony justice method is not just an essential one for either students and practitioners, but additionally a crucial aspect of overseas human rights legislation, this e-book indicates coverage improvement, additional scholarly inquiries, and newly invigorated pondering and motion to put dignity on the center of the felony justice method.
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Extra resources for A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law
R. Oct. 14, 2010); Modaffare v. Owens-Brockway Glass Container, 643 F. Supp. D. Pa. 2009); LaGatta v. Pa. D. Pa. June 30, 2010); Drwal v. Borough of West View, Pennsylvania, 617 F. Supp. D. Pa. 2009). See also Oti Kaga, Inc. v. D. Hous. Dev. 3d 871 (8th Cir. 2003) (on question of pretextuality in case involving service animals under federal housing regulations); Schroer v. Billington, 577 F. Supp. C. 2008) (termination of transgendered employee was pretextual); the pretextuality of the administrative decision in that case is discussed specifically in Sharon McGowan, Working with Clients to Develop Compatible Visions of What It Means to “Win” a Case: Reflections on Schroer v.
Perlin, “They’re An Illusion To Me Now”: Forensic Ethics, Sanism and Pretextuality, in Psychology, Crime and Law: Bridging the Gap 239 (David Canter & Rita Zukauskien eds, 2008). On how such individuals are seen as “The Other,” see Christopher Harding & Richard W. Ireland, Punishment: Rhetoric, Rule, and Practice 105 (1989), and Sander L. Gilman, Difference and Pathology: Stereotypes of Sexuality, Race and Madness 130 (1985). 17 “Sensational media portrayals of mental illness”18 exacerbate the underlying tensions.
Sci. & L. ”). 74 See Perlin, supra note 66, at 892. See generally Laura Stephens Khoshbin & Shahram Khoshbin, Imaging the Mind, Minding the Image: An Historical Introduction to Brain Imaging and the Law, 33 Am. L. & Med. 171, 182 (2007). (discussing how we attribute human behavior “to a physical source in the head”). 75 Perlin, supra note 59, at 255. 76 Id. See generally Sharon S. Brehm & Jack W. Brehm, Psychological Reactance: A Theory of Freedom and Control (1981); Judgment Under Uncertainty: Heuristics and Biases (Daniel Kahneman et al.