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Minding Justice
By
Christopher Slobogin
Description
Minding Justice
offers a comprehensive examination of the laws governing the
punishment, detention, and protection of people with mental
disabilities. Using famous cases such as those of John Hinckley,
Andrea Yates, and Theodore Kaczynski, the book analyzes the insanity
defense and related doctrines, the role of mental disability in
sentencing, the laws that authorize commitment of \"sexual
predators\" and others thought to be a threat to society, and the
rules that restrict participation of mentally compromised individuals
in the criminal and treatment decision-making processes.
Arguing that
current legal doctrines are based on flawed premises and ignorance of
the impairments caused by mental disability, Christopher Slobogin
makes a case for revamping the insanity defense, abolishing the
\"guilty but mentally ill\" verdict, prohibiting execution of
people with mental disability, restructuring preventive detention,
and redefining incompetency. A milestone in criminal mental health
law, Minding Justice provides innovative solutions to ancient
problems associated with criminal responsibility, protection of
society from \"dangerous\" individuals, and the state\\\'s
authority to act paternalistically.
Contents
Preface
1. The
Clinical and Legal Landscape
Part I:
The Punishment Model
2. The
Insanity Defense
3. Mental
Disability and the Death Penalty
Part II:
The Prevention Model
4. A
Jurisprudence of Dangerousness
5. The
Civilization of the Criminal Law
Part III:
The Protection Model
6.
Competency in the Criminal Process
7. Treatment
Decision-Making
Conclusion:
Rethinking Legally Relevant Mental Disorder
Notes
Index
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