The Evolution of Mental Health Law

Pages: 336
Item #: 431654A
ISBN: 978-1-55798-746-4
List Price: $39.95
Member/Affiliate Price: $29.95
Copyright: 2001
Format: Hardcover
Note: This book is out of print and no longer available for purchase.

Individual chapters of this book are available to purchase online.

The Evolution of Mental Health Law chronicles a relatively new field that has developed around the goals of protecting the rights and needs of people with disabilities, defining the proper sphere of individualization in criminal justice, and drawing boundaries between science and morality in decision making. The editors have brought together leading specialists from the field's many domains, including lawyers, health policy specialists, forensic psychologists, law professors, psychiatrists, and sociologists, who share their theoretical insights and empirical research of significant developments in mental health law and policy in the past 25 years.

Particularly notable are chapters that examine shifts in attitudes toward the use of human participants in research; whether the statutory and regulatory framework of the increasingly privatized public mental health services system adequately protects patients' rights; how notions of therapeutic jurisprudence influence the behavior of judges and lawyers; and the means by which judges, lawyers, and clinicians can work from a more therapeutic frame of reference in the context of civil commitment proceedings. This volume fills an important gap in the field and will be useful to specialists in law, psychology, and psychiatry involved in mental health law and policy.

Table of Contents



—Lynda E. Frost and Richard J. Bonnie

I. Mental Health Law and American Society

  1. Promises to Keep, Miles to Go: Mental Health Law Since 1972
    —Robert A. Burt
  2. Three Strands of Mental Health Law: Developmental Mileposts
    —Richard J. Bonnie

II. Law and Ethics in Mental Health Care

  1. Research Participants With Mental Disabilities: The More Things Change…
    —Rebecca Dresser
  2. From Constitution to Contracts: Mental Disability Law at the Turn of the Century
    —John Petrila
  3. Financing Public Mental Health Services: Beyond Managed Care
    —Joseph J. Bevilacqua
  4. Law and Psychiatry in Russia: Looking Backward and Forward
    —Svetlana V. Polubinskaya

III. Responsibility and Punishment

  1. From Sikora to Hendricks: Mental Health Disorder and Criminal Responsibility
    —Stephen J. Morse
  2. Why Juvenile Justice Will Survive Its Centennial
    —Thomas Grisso
  3. Psychiatry and the Death Penalty: A View From the Front Lines
    —Seymour L. Halleck

IV. Advancing Knowledge and Expertise

  1. Violence Risk Assessment: A Quarter Century of Research
    —John Monahan and Henry J. Steadman
  2. Community Forensic Evaluation: Trends and Reflections on the Virginia Experience
    —Gary Hawk and W. Lawrence Fitch
  3. Psychoanalysis: Past, Present, and Future Contributions to the Law
    —Elyn R. Saks
  4. Psychiatric Evidence in Criminal Trials: A 25-Year Retrospective
    —Christopher Slobogin

V. Therapeutic Jurisprudence

  1. The Development of Therapeutic Jurisprudence: From Theory to Practice
    —David B. Wexler
  2. The Civil Commitment Hearing: Applying the Law Therapeutically
    —Bruce J. Winick

Afterword: The Evolution of Mental Health Law: A Retrospective Assessment
—Richard J. Bonnie

Author Index

Subject Index

About the Editors