Download A Prescription for Dignity: Rethinking Criminal Justice and by Michael L. Perlin PDF
By Michael L. Perlin
Studying the therapy of folks with psychological disabilities within the felony justice method, this e-book deals new views which are an important to an realizing of the ways that society tasks onto felony defendants prejudices and attitudes approximately accountability, unfastened will, autonomy, selection, public safeguard, and the that means and goal of punishment, all with a spotlight on how you can increase dignity within the felony trial method. it's a distinctive exploration of problems with adequacy of information; the effect of foreign human rights legislations, following the ratification of the United countries conference at the Rights of folks with Disabilities (CRPD); the position of psychological wellbeing and fitness courts; and the impression of healing jurisprudence, procedural justice, and restorative justice at the felony approach. It considers all of those views within the context of felony justice approach concerns akin to competency findings, the madness protection, and sentencing. Demonstrating how the query of remedy of folks with psychological disabilities within the legal justice procedure isn't just an essential one for either students and practitioners, but additionally a significant part of overseas human rights legislation, this publication indicates coverage improvement, extra scholarly inquiries, and newly invigorated pondering and motion to put dignity on the center of the legal justice method.
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Psychiatry & L. 414 (1999); John F. , “Hired Guns,” “Charlatans,” and Their “Voodoo Psychobabble”: Case Law References to Various Forms of Perceived Bias Among Mental Health Expert Witnesses, 9 Psychol. Servs. 259 (2012). , David Wexler, Justice, Mental Health, and Therapeutic Jurisprudence, 40 Clev. St. L. Rev. , 1990). See generally infra Chapter 6. Sanism, Pretextuality, Heuristics and “Ordinary Common Sense” 23 Judges are not immune from sanism. 47 Judges are not the only sanist actors. 48 Until system 39 Anthony D’Amato, Harmful Speech and the Culture of Indeterminacy, 32 Wm.
46 See Henry A. Dlugacz & Christopher Wimmer, The Ethics of Representing Clients with Limited Competency in Guardianship Proceedings, 4 St. Louis U. J. Health L. & Pol’y 331, (2011). 47 See Pamela R. L. Sch. J. Int’l & Comp. L. 177 (2003). 48 Perlin, Sanism, supra note 2, at 398–406; Keri K. Gould & Michael L. Perlin, “Johnny’s in the Basement/Mixing Up His Medicine”: Therapeutic Jurisprudence and Clinical Teaching, 24 Seattle U. L. Rev. 35 (2000); see also Michael L. Perlin, Fatal Assumption: A Critical Evaluation of the Role of Counsel in Mental Disability Cases, 16 Law & Hum.
S. 584 (1979)); see also Watkins v. S. 341 (1981) (refusal of courts to acknowledge social science research on ways that jurors evaluate and misevaluate eyewitness testimony). 58 On “empirical pretextuality,” see Perlin, Pretexts, supra note 12, at 635. S. at 605–10 (approving more relaxed involuntary civil commitment procedures for juveniles than for adults). , Gail Perry & Gary Melton, Precedential Value of Judicial Notice of Social Facts: Parham as an Example, 22 J. Fam. L. 633 (1984): The Parham case is an example of the Supreme Court’s taking advantage of the free rein on social facts to promulgate a dozen or so of its own by employing one tentacle of the judicial notice doctrine.