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About the Book
Criminal Mental Health and Disability Law, Evidence and Testimony examines two interrelated aspects of criminal law - mental health and disability discrimination -- from the points of view of lawyers, judges and other professionals within the criminal justice system. The manual builds on established resources within the ABA, including the Mental & Physical Disability Law Reporter, Mental Disability Law, Evidence and Testimony and Disability Discrimination Law, Evidence and Testimony. It synthesizes the best and most recent information at the ABA on mental health and discrimination law that specifically pertains to criminal justice matters. It also references the ABA's Criminal Justice Mental Health Standards.
"It is up to the legal community to ensure that justice and the rule of law prevail for these particularly vulnerable individuals, who often find themselves at a decided disadvantage in the courtroom and within our correctional institutions. This unique Reference Manual addresses this imbalance by explaining what the law requires of defendants and inmates with disabilities, what legal remedies are available to them to correct injustices, and how our legal system can better protect their rights."
From the Foreword
Table of Contents
Part I: Overview The overview introduces mental health and disability law both historically and conceptually, but in the context of broad criminal justice concerns. It offers a primer for better understanding the legal concepts, substantive law, and legal standards that are referenced throughout the manual.
Chapter 1: A Legal History of Mental Health and Disability in the Criminal Justice System Chapter 2: Mental Health and Disability Law Key Terms, Concepts, Developments, and Considerations
Part II: Substantive Law and Standards This section provides a comprehensive discussion of the four overarching subjects that characterize criminal mental health and disability discrimination law.
Chapter 3: Criminal Incompetency Chapter 4: Insanity and Diminished Culpability Chapter 5: Dangerousness in the Criminal Law Chapter 6: Jails, Prisons and Secure "Treatment" Facilities: Conditions of Confinement and Release
Part III: Expert Evidence and Testimony This section covers pretrial, courtroom, and appellate evidence and testimony of forensics experts who participate in the mental health and disability-related legal proceedings discussed in Part II.
Chapter 7: Admissibility of Expert Evidence and Testimony Chapter 8: Mental Health Diagnoses and Assessments Chapter 9: Criminal Incompetency Chapter 10: Evidence of Insanity and Diminished Culpability Chapter 11: Dangerousness to Others and Self Chapter 12: Care and Treatment of Inmates Chapter 13: Disability Discrimination Involving Inmates in Corrections Facilities
The Reference Manual concludes with a glossary of key terms and court decisions.
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