Franklin

Criminal Trials and Mental Disorders / Thomas L. Hafemeister.

Author/Creator:
Hafemeister, Thomas L. author., Author,
Publication:
New York, NY : New York University Press, [2019]
Series:
Psychoanalytic Crossroads ; 7
Format/Description:
Book
1 online resource
Subjects:
Forensic psychiatry -- United States.
Insanity (Law) -- United States.
Insanity defense -- United States.
Mentally ill offenders -- Legal status, laws, etc. -- United States.
Local subjects:
Pate v. Robinson.
Sandy Hook Elementary School Shooter.
Sell v. United States.
The Unabomber.
Virginia Tech Shooter.
abolition of the insanity defense;absence at trial;actus reus;American Law Institute Model Penal Code test;amnesia;antisocial personality disorder;assessing malingering;automatic commitment;battered spouse/child defense;bipolar disorders;bona fide doubt;Boston Marathon Bombing;broken window approach;burden of proof;categorical incompetence;Clark v. Arizona;clear and convincing evidence;clinical mental health evaluations and treatment;Colorado v. Connelly;competence to confess;competence to plead guilty;competence to represent oneself;competence to testify;competence to waive the right to an attorney;competency to stand trial;conditional release and release revocations;consult with assist attorney;Cooper v. Oklahoma;correctional facility evaluations;correctional facility placements;criminal justice system;criminal justice system alternatives;criminal proceedings;criminal trial proceedings;crisis intervention teams;de facto mental health care system;deific decree defense;demeanor at trial;depressive disorders;dissociative disorders;Drope v. Missouri;Durham rule;Dusky v. United States;Elizabeth Smart Kidnapping;evaluation locations;evaluator qualifications;fair and just trials;federal test;forensic mental health assessment process;forensic mental health assessments;forensic mental health evaluations;Foucha v. Louisiana;functional test;Gabrielle Giffords Shooting;Godinez v. Moran;guilty but mentally ill verdict;history of irrational behaviour;impact of medication;impact of mental disorders;incompetent to stand trial;indefinite length of stay;Indiana v. Edwards;indicators of malingering;initial evaluation request;insanity acquittee post-trial dispositions;insanity defense;insanity defense myths;irresistible impulse test;Jackson v. Indiana;Jones v. United States;judicial hearings;justification versus excuse;law enforcement discretion;Long Island Rail Road Shooter;malingering;Medina v. California;mental disorder myths;mental disorders and criminal behavior;mental disorders and violence;mental health courts;Miranda rights;Miranda v. Arizona;Montana v. Egelhoff;neurocognitive disorders.
nonadversarial team approach.
obsessive-compulsive disorders.
obtaining experts for indigent defendant.
outpatient community treatment.
personality disorders.
present mental capacity.
presumption of incompetence.
psychiatric facility placements.
psychodynamic models.
psychotic disorders.
reporting requirements.
right to a jury.
risk assessments.
scope of expert's assistance.
second evaluations.
shifting/raising burden of proof.
sleep-walking defense.
standard of proof.
standards for establishing competence.
sua sponte.
the insanity defense and variations.
therapeutic jurisprudence.
trauma and stressor-related disorders.
treatment over objection.
Language:
In English.
System Details:
Mode of access: Internet via World Wide Web.
text file PDF
Summary:
The complicated relationship between defendants with mental health disorders and the criminal justice system The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle similar cases in similar fashion, attempting to apply rules and procedures even-handedly regardless of a defendant's social class, race, ethnicity, or gender. Yet, the criminal justice system has also recognized exceptions when special circumstances underlie a defendant's behavior or are likely to skew the defendant's trial. One of the most controversial set of exceptions -often poorly articulated and inconsistently applied - involves criminal defendants with a mental disorder. A series of special rules and procedures has evolved over the centuries, often without fanfare and even today with little systematic examination, that lawyers and judges apply to cases involving defendants with a mental disorder. This book provides an analysis of the key issues in this dynamic interplay between individuals with a mental disorder and the criminal justice system. The volume identifies the various stages of criminal justice proceedings when the mental status of a defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, and how they are currently resolved. To assist this exploration, the text also offers an overview of mental disorders, their relevance to criminal proceedings, how forensic mental health assessments are conducted and employed during these proceedings, and their application to competency and responsibility determinations. In sum, this book provides an important resource for students and scholars with an interest in mental health, law, and criminal justice.
Contents:
Frontmatter
Contents
Introduction
1. Mental Disorders and Criminal Behavior
2. Overview of Forensic Mental Health Assessments
3. Underpinnings of the Competence to Stand Trial Standard
4. Refining and Applying the Competence to Stand Trial Standard
5. Procedural Aspects of Competence to Stand Trial Determinations
6. Dispositions after the Competence to Stand Trial Hearing
7 Other Criminal Trial- Related Competency Issues
8 The Insanity Defense
9 Insanity Defense Variations and Alternatives for Addressing the Criminal Responsibility of a Defendant with a Mental Disorder
10 Procedural Aspects of Insanity Defense Determinations
11 Dispositions Following a Successful Insanity Defense and Risk Assessments
12 Alternatives and Closing Remarks
Notes
References
Index
About the author
Notes:
Description based on online resource; title from PDF title page (publisher's Web site, viewed 08. Jun 2020)
Contributor:
De Gruyter.
Contained In:
De Gruyter University Press Library.
ISBN:
9781479850754
Publisher Number:
10.18574/9781479850754 doi
Access Restriction:
Restricted for use by site license.
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