Advanced Introduction to Mental Health Law

2021 ◽  
Author(s):  
Michael L. Perlin ◽  
Keyword(s):  
Mental Health ◽  
United States ◽  
General Practice ◽  
Intellectual Disabilities ◽  
Death Penalty ◽  
The United States ◽  
Health Law ◽  
Legal Scholar ◽  
Dynamic Relationship ◽  
Criminal Matters

Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law.

International Law and the Death Penalty

2018 ◽  
Author(s):  
Sandra L. Babcock
Keyword(s):  
United States ◽  
Intellectual Disabilities ◽  
International Law ◽  
Death Penalty ◽  
The United States ◽  
International Norms ◽  
Mental Illnesses ◽  
Vienna Convention ◽  
Time Section ◽  
Over Time

Section I of this chapter examines the potential of international law to promote abolition of the death penalty and the challenges that prevent the full realization of that potential. Section II provides a brief overview of how international norms relating to the application of the death penalty have evolved over time. Section III provides three examples of how their impact has been limited in practice, focusing on the application of the death penalty to individuals with mental illnesses and intellectual disabilities, as well as the failure of the United States to comply with its obligations under the Vienna Convention on Consular Relations. Finally, Section IV suggests a number of prescriptive measures to address these limitations. It describes an innovative project in Malawi to obtain the resentencing of prisoners condemned to death and discusses potential revisions to the Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty.

scholarly journals Is this a revolution? The impact of the Human Rights Act on Mental Health Law

2014 ◽  
Vol 1 (10) ◽  
pp. 27
Author(s):  
Paul Bowen
Keyword(s):  
Mental Health ◽  
United States ◽  
Human Rights ◽  
Civil Rights ◽  
The United States ◽  
Health Law ◽  
Mental Health Law ◽  
Human Rights Act ◽  
The Impact ◽  
Substantial Change

In ‘Almost a Revolution: Mental Health Law and the Limits of Change’, Prof. Paul Applebaum, writing in 1994, describes a period of tumultuous change in the United States during the late 1960s in civil rights and mental health law and which lasted nearly three decades. At the end of that period, he concluded, there had been little real and substantial change to mental health law in the United States. This article looks at some of the changes to mental health law that have already been wrought in England & Wales by the Human Rights Act 1998 and briefly considers its potential for creating real and substantial change in the longer term.

United States Supreme Court and Psychiatry: A Critical Look

1985 ◽  
Vol 13 (1-2) ◽  
pp. 137-164
Author(s):  
Carl P. Malmquist
Keyword(s):  
Mental Health ◽  
United States ◽  
Supreme Court ◽  
Psychiatric Treatment ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Health Law ◽  
Health Issues ◽  
The Right

The entrance of the United States Supreme Court into the field of mental health law in the last decade has been seen by some as heralding a commitment of the Court to mental health issues. A review of key cases reveals a disjointed approach to the issues with an ambivalence and inconsistency in the viewpoint taken toward the role and efficacy of psychiatry. While some cases have emphasized individual rights, such as incompetency issues, and a newly created right to psychiatric assistance at trial for indigents, other cases have refused to give psychiatric treatment centers the right to administer treatment without at least administrative if not judicial supervision. The cases reveal the lack of an overall jurisprudential viewpoint, and perhaps even a trend to return to the level of letting each state go its own way.

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