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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.
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.
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