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The Criminally Insane
A Community Follow-up of Mentally Ill Offenders
Terence Thornberry and Joseph E. Jacoby
University of Chicago Press, 1979
The Criminally Insane is the largest scale in-depth follow-up study on mentally ill criminals yet to appear. This book challenges the assumption that inmates of maximum-security mental hospitals are extraordinarily violent and questions the necessity for maintaining maximum-security institutions which currently house some 15,000 persons in the United States.

In 1971, 586 patients were released from a Pennsylvania maximum-security hospital for the criminally insane. They were not considered officially "cured," but a federal court held that their commitments had been unconstitutional. Through exhaustive examination of hospital and police records and interviews with hospital administrators and the subjects themselves, Thornberry and Jacoby assess the processes by which the patients had been retained in confinement, the impact of their release upon their communities, and their ability to adjust to the freedom of community life.

The authors demonstrate that the patients did not display a significant level of violent behavior during confinement, nor did they pose a major threat to society after release. In fact, their social and psychological adjustment to community life is shown to have been comparable to that of non-criminal mental patients. Yet despite these findings the subjects had been retained in maximum-security confinement for an average of fourteen years because they were predicted to be violent and "dangerous" to society. The authors explain this inaccuracy by a process called "political prediction," in which clinicians avoid any potential risks to the community, the reputation of their hospitals, and their careers by consistently overpredicting dangerous behavior.

The Criminally Insane will stimulate response from professionals in a wide variety of fields, including law, criminology, psychiatry, and sociology, and from anyone concerned with society's responsibility to the mentally ill offender.
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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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Minding Justice
Laws That Deprive People with Mental Disability of Life and Liberty
Christopher Slobogin
Harvard University Press, 2006

Minding Justice offers a comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities. Using famous cases such as those of John Hinckley, Andrea Yates, and Theodore Kaczynski, the book analyzes the insanity defense and related doctrines, the role of mental disability in sentencing, the laws that authorize commitment of "sexual predators" and others thought to be a threat to society, and the rules that restrict participation of mentally compromised individuals in the criminal and treatment decision-making processes.

Arguing that current legal doctrines are based on flawed premises and ignorance of the impairments caused by mental disability, Christopher Slobogin makes a case for revamping the insanity defense, abolishing the "guilty but mentally ill" verdict, prohibiting execution of people with mental disability, restructuring preventive detention, and redefining incompetency. A milestone in criminal mental health law, Minding Justice provides innovative solutions to ancient problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.

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front cover of Violence and Mental Disorder
Violence and Mental Disorder
Developments in Risk Assessment
Edited by John Monahan and Henry J. Steadman
University of Chicago Press, 1994
In courts across the country, judges depend on mental health experts to determine whether mentally disordered people are dangerous. But experts' ability to predict violence is severely limited, and they are wrong as often as they are right. This study reviews two decades of research on mental disorder and offers new empirical and theoretical work that will pave the way for more accurate predictions of violent behavior.

"Essential for all those who are interested in the study of risk assessment of violence. It is particularly important for the researcher in this area. . . . For the clinician who must make violence assessments it is important reading as well."—Stewart Levine, Bulletin of the American Academy of Psychiatry and the Law


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