Criminal Trials and Mental Disorders

Thomas L. Hafemeister

Published by New York University Press 2019

Criminal Trials and Mental Disorders

Thomas L. Hafemeister

Volume 7 in the series Psychoanalytic Crossroads

https://doi.org/10.18574/nyu/9781479804856.001.0001

Overview
Contents

About this book

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.

Author / Editor information

HafemeisterThomas L.:

Thomas L. Hafemeister, PhD, JD, is co-author (with Christopher Slobogin, Douglas Mossman, and Ralph Reisner) of Law and the Mental Health System: Civil and Criminal Aspects.

Reviews

Christopher Slobogin,Milton Underwood Professor of Law, Vanderbilt Law School:
Thomas Hafemeister has combined a succinct description and analysis of all the leading cases relevant to competency and criminal responsibility issues with an insightful discussion of the nature of mental disability and its relevance to these important legal issues. This book represents a rare marriage of legal and clinical acumen.

Metapsychology:
This book is particularly relevant today when it is being increasingly acknowledged that mental disorders are pervasive and undertreated and are even more so within the criminal justice system … the book is a plea for a better understanding of mental disorders and their impact on behavior that offers extensive legal, clinical and philosophical insights. Though it is thorough and requires attentive reading it is nontechnical and can be read by the educated lay reader. This book clearly shows how complicated a question the relationship between defendants with mental health disorders and the criminal justice system is, and thus can be a valuable resource for achieving a greater understanding of the key issues involved in cases that involve criminal defendants with mental disorders and their ability to receive a fair and just trial.

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
Introduction Requires Authentication Unlicensed Licensed Download PDF	1
1. Mental Disorders and Criminal Behavior Requires Authentication Unlicensed Licensed Download PDF	7
2. Overview of Forensic Mental Health Assessments Requires Authentication Unlicensed Licensed Download PDF	43
3. Underpinnings of the Competence to Stand Trial Standard Requires Authentication Unlicensed Licensed Download PDF	77
4. Refining and Applying the Competence to Stand Trial Standard Requires Authentication Unlicensed Licensed Download PDF	100
5. Procedural Aspects of Competence to Stand Trial Determinations Requires Authentication Unlicensed Licensed Download PDF	127
6. Dispositions after the Competence to Stand Trial Hearing Requires Authentication Unlicensed Licensed Download PDF	154
7 Other Criminal Trial– Related Competency Issues Miranda Waivers/Confessions, Waiver of Counsel, Guilty Pleas, and Competence to Testify Requires Authentication Unlicensed Licensed Download PDF	174
8 The Insanity Defense Requires Authentication Unlicensed Licensed Download PDF	210
9 Insanity Defense Variations and Alternatives for Addressing the Criminal Responsibility of a Defendant with a Mental Disorder Requires Authentication Unlicensed Licensed Download PDF	237
10 Procedural Aspects of Insanity Defense Determinations Requires Authentication Unlicensed Licensed Download PDF	269
11 Dispositions Following a Successful Insanity Defense and Risk Assessments Requires Authentication Unlicensed Licensed Download PDF	286
12 Alternatives and Closing Remarks Requires Authentication Unlicensed Licensed Download PDF	312
Notes Requires Authentication Unlicensed Licensed Download PDF	319
References Requires Authentication Unlicensed Licensed Download PDF	349
Index Requires Authentication Unlicensed Licensed Download PDF	367
About the author Requires Authentication Unlicensed Licensed Download PDF	381