Mental Health Courts

This book provides an overview of the historical and theoretical foundations underlying mental health courts. It offers a thorough description of a mental health court operation, including the role of each court team member, and guides those seeking to establish a mental health court. The authors analyze the successes, failures, and long-term desirability of these courts.

The story of America’s first Mental Health Court as told by its presiding judge, Judge Ginger Lerner-Wren—from its inception in 1997 to its implementation in over 400 courts across the nation As a young legal advocate, Ginger Lerner-Wren bore witness to the consequences of an underdeveloped mental health care infrastructure. Unable to do more than offer guidance, she watched families being torn apart as client after client was ensnared in the criminal system for crimes committed as a result of addiction, homelessness, and mental illness. She soon learned this was a far-reaching crisis—estimates show that in forty-four states, jails and prisons house ten times more people with serious mental illnesses than state psychiatric hospitals. In A Court of Refuge, Judge Ginger Lerner-Wren tells the story of how the first dedicated mental health court in the United States grew from an offshoot of her criminal division, held during lunch hour without the aid of any federal funding, to a revolutionary institution. Of the two hundred thousand people behind bars at the court’s inception in 1997, more than one in ten were known to have schizophrenia, bipolar disorder, or major depression. To date, the court has successfully diverted more than twenty thousand people suffering from various psychiatric conditions from jail and into treatment facilities and other community resources. Working under the theoretical framework of therapeutic jurisprudence, Judge Lerner-Wren and her growing network of fierce, determined advocates, families, and supporters sparked a national movement to conceptualize courts as a place of healing. Today, there are hundreds of such courts in the US. Poignant and compassionately written, A Court of Refuge demonstrates both the potential relief mental health courts can provide to underserved communities and their limitations in a system in dire need of vast overhauls of the policies that got us here. Lerner-Wren presents a refreshing possibility for a future in which criminal justice and mental health care can work in tandem to address this vexing human rights issue—and to change our attitudes about mental illness as a whole.

High-profile legal cases involving individuals with mental health challenges often address complex issues that confront previous decisions of the courts, influence or change existing social policies, and ultimately have a profound impact on the daily practice of mental health professionals and the lives of their patients. Providing in-depth context into milestone cases in forensic mental health, this book addresses issues such as the confidentiality of mental health records, criminal responsibility, fitness to stand trial, the right of individuals to refuse mental health treatment, and the duty of mental health practitioners to warn and protect individuals who may be at risk of harm at the hands of a patient. The authors explore the social and political context in which these cases occurred, incorporating court decisions, contemporaneous media articles, and legal reviews in the analysis. Graham Glancy and Cheryl Regehr, who are experts in the field of forensic psychiatry, draw upon their own practice, in addition to scholarly literature, to describe the impact of the decisions rendered by the courts in the area of mental health and offer practical guidelines for professionals working at the interface of law and mental health.

Problem-solving courts provide judicially supervised treatment for behavioral health needs commonly found among criminal offenders, including substance abuse and mental health disorders, and they treat a variety of offender populations. These courts employ a team-based approach consisting of a judge, defense attorney, prosecutor, and treatment providers, representing a significant paradigm shift in how the justice system treats offenders with special needs. Despite the proliferation of problem-solving courts, there remains some uncertainty about how they function, how effective they are, and the most promising ways to implement problem-solving justice. Problem-Solving Courts and the Criminal Justice System provides a comprehensive foundation of knowledge related to problem-solving courts and the role they play in the United States criminal justice system. The book begins with an overview that explores precipitating factors in these courts' development, relevant political influence, and their history, purposes, benefits, and drawbacks, followed by a detailed discussion of specific types of problem solving courts, including drug courts, mental health courts, and veterans courts, among many others. Next a review of the legal and ethical considerations of alternative methods to standard prosecution is complemented by an examination of the methodological challenges faced by researchers when attempting to study the effectiveness of problem-solving courts. The book concludes with a discussion of future directions in terms of research, practice, and policy relating to these courts in the United States. Problem-Solving Courts and the Criminal Justice System is appropriate for professionals, researchers, and students in the fields of mental health, criminal justice, and law.

Tens of thousands of readers have relied on this leading text and practitioner reference--now revised and updated--to understand the issues the legal system most commonly asks mental health professionals to address. Highly readable, the volume demystifies the forensic psychological assessment process and provides guidelines for participating effectively and ethically in legal proceedings. Presented are clinical and legal concepts and evidence-based assessment procedures pertaining to criminal and civil competencies, the insanity defense and related doctrines, sentencing, civil commitment, personal injury claims, antidiscrimination laws, child custody, juvenile justice, and other justice-related areas. Case examples, exercises, and a glossary facilitate learning; 19 sample reports illustrate how to conduct and write up thorough, legally admissible evaluations. New to This Edition *Extensively revised to reflect important legal, empirical, and clinical developments. *Increased attention to medical and neuroscientific research. *New protocols relevant to competence, risk assessment, child custody, and mental injury evaluations. *Updates on insanity, sentencing, civil commitment, the Americans with Disabilities Act, Social Security, juvenile and family law, and the admissibility of expert testimony. *Material on immigration law (including a sample report) and international law. *New and revised sample reports.

The Death of a Butterfly explores the mental health court and its relationship with the mentally disordered accused from the perspective of Justice Richard D. Schneider. The tales of life in the mental health court provide a compelling analysis of fitness to stand trial, what it means to be criminally responsible, and the role of mental disorders.