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Court of Last Resort
Mental Illness and the Law
Carol A. B. Warren
University of Chicago Press, 1982
The Court of Last Resort looks at decision making in a mental-health court and at the dilemmas of treating mental illness while protecting patients' legal rights. Carol Warren spent seven years studying hearings in a large California court where people who had been involuntarily committed to institutions for psychiatric treatment could petition for their release. In this book she confronts questions of whether mental illness is real or only a label for societal control, whether the government should be involved in committing the deviant to institutions, and how the interaction of judges, psychiatrists, families, police, and other individuals and agencies affect the court's administration of mental-health law. Though the cases in this book fall under California's Lanterman-Petris-Short Act, Warren's analysis of conflicts between legal and medical models of behavior is of national and international importance both to sociologists and to the many professionals who work at the juncture of mental health and the law.

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Double Jeopardy
Adolescent Offenders with Mental Disorders
Thomas Grisso
University of Chicago Press, 2004
In the twenty-first-century world of juvenile justice policy and practice, nearly everyone agrees that one of the most pressing issues facing the nation's juvenile courts is their proper response to delinquent youths with mental disorders. Recent research indicates that about two-thirds of adolescent offenders in juvenile justice facilities meet the criteria for one or more mental disorders. What are the obligations of our juvenile justice system, then, as the caretaker for delinquent youth with such disabilities? How do issues of adolescent development create special challenges in determining the court's proper response to delinquents with special mental health needs? Thomas Grisso considers these questions while offering new information to assist the juvenile justice system in its responses to the needs of our children.

Double Jeopardy considers the newest data on the nature of youths' mental disorders—their relationships to delinquency, the values and limits of methods to treat them, and the common patterns of adolescent offending. That information is used to chart a rational course for fulfilling the juvenile justice system's duty—as a custodian of children in need of health care, as a legal system promoting fairness in youth adjudication, and as a protector of public safety—to respond to delinquent youths' mental disorders. Moreover, Double Jeopardy provides a scientific yet practical foundation for lawmakers, judges, attorneys, and mental health care professionals, as well as researchers who must fill the knowledge gaps that limit the juvenile justice system's abilities to meet youths' mental health needs.
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Faith and Mental Health
Religious Resources for Healing
Harold G. Koenig
Templeton Press, 2005

Dr. Harold Koenig opens a window on mental health, providing an unprecedented source of practical information about the relationship between religion and mental health. He examines how Christianity and other world religions deliver mental health services today, and he makes recommendations, based on research, expertise, and experience, for new programs to meet local needs.

Meticulously researched and documented, Faith and Mental Health includes

  • Research on the relationship between religion and positive emotions, psychiatric illnesses, and severe and persistent mental disorders
  • Ways in which religion has influenced mental health historically, and how now and in the future it can be involved with mental health
  • A comprehensive description and categorization of Christian and non-Christian faith-based organizations that provide mental health resources
  • Resources for religious professionals and faith communities on how to design effective programs

Presenting a combination of the history and current research of mental health and religion along with a thorough examination of faith-based organizations operating in the field, this book is a one-of-a-kind resource for the healthcare community; its valuable research and insights will benefit medical and religious professionals, and anyone concerned with the future of mental health care.

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front cover of Homicidal Insanity, 1800-1985
Homicidal Insanity, 1800-1985
Janet Colaizzi, with a foreword by Jonas R. Rappeport
University of Alabama Press, 1989

Homicidal insanity has remained a vexation to both the psychiatric and legal professions despite the panorama of scientific and social change during the past 200 years. The predominant opinion today among psychiatrists is that no correlation exists between dangerousness and specific mental disorders. But for generation after generation, psychiatrists have reported cases of insane homicide that were clinically similar. Although psychiatric theory changed and psychiatric nosology was inconsistent, the mental phenomena psychiatrists identified in such cases remained the same. The central thesis of Homicidal Insanity is that as psychiatric theory changed, psychiatrists regarded these phenomena variously as symptoms of mental disease or the disease in itself. It is possible to trace these phenomena throughout the history of Anglo-American psychiatric theory and practice. A secondary thesis of the book is that psychiatrists have used these phenomena as predictors and markers in the practical matters of preventing insane homicide and of testifying in the courts to defend the irresponsible and expose the culpable.

For 200 years, scientific and philosophical disagreement raised controversy and brought the issues to public attention. Still, to this day no rational method exists to discriminate the dangerous from the harmless in matters of involuntary commitment, nor insanity from crime in the courts.
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Refusing Care
Forced Treatment and the Rights of the Mentally Ill
Elyn R. Saks
University of Chicago Press, 2002
It has been said that how a society treats its least well-off members speaks volumes about its humanity. If so, our treatment of the mentally ill suggests that American society is inhumane: swinging between overintervention and utter neglect, we sometimes force extreme treatments on those who do not want them, and at other times discharge mentally ill patients who do want treatment without providing adequate resources for their care in the community.

Focusing on overinterventionist approaches, Refusing Care explores when, if ever, the mentally ill should be treated against their will. Basing her analysis on case and empirical studies, Elyn R. Saks explores dilemmas raised by forced treatment in three contexts—civil commitment (forced hospitalization for noncriminals), medication, and seclusion and restraints. Saks argues that the best way to solve each of these dilemmas is, paradoxically, to be both more protective of individual autonomy and more paternalistic than current law calls for. For instance, while Saks advocates relaxing the standards for first commitment after a psychotic episode, she also would prohibit extreme mechanical restraints (such as tying someone spread-eagled to a bed). Finally, because of the often extreme prejudice against the mentally ill in American society, Saks proposes standards that, as much as possible, should apply equally to non-mentally ill and mentally ill people alike.

Mental health professionals, lawyers, disability rights activists, and anyone who wants to learn more about the way the mentally ill are treated—and ought to be treated—in the United States should read Refusing Care.
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