Examining the treatment of persons with mental disabilities in the
criminal justice system, this book offers new perspectives that are
crucial to an understanding of the ways in which society projects
onto criminal defendants prejudices and attitudes about
responsibility, free will, autonomy, choice, public safety, and the
meaning and purpose of punishment, all with a focus on ways to
enhance dignity in the criminal trial process. It is a detailed
exploration of issues of adequacy of counsel; the impact of
international human rights law, following the ratification of the
United Nations Convention on the Rights of Persons with
Disabilities (CRPD); the role of mental health courts; and the
influence of therapeutic jurisprudence, procedural justice, and
restorative justice on the legal process. It considers all of these
perspectives in the context of criminal justice system issues such
as competency findings, the insanity defense, and sentencing.
Demonstrating how the question of treatment of persons with mental
disabilities in the criminal justice system is not only a vital one
for both scholars and practitioners, but also a central facet of
international human rights law, this book suggests policy
development, further scholarly inquiries, and newly invigorated
thinking and action to place dignity at the core of the criminal
justice system.
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