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.
