scholarly journals Involuntary Competence in United States Criminal Law

Author(s):  
Stephen J Morse

This chapter explores all the stages in the United States criminal justice process in which a defendant or prisoner may become incompetent and a potential candidate for involuntary treatment to restore the subject’s competence, including competence to stand trial, competence to plead guilty and to waive trial rights, competence to represent himself, and competence to be sentenced. Other legal systems may treat this as primarily a mental health law question addressed best by mental health laws, but in the United States, it is a criminal law question, although some courts are very deferential to the judgement of mental health professionals. The chapter then surveys the law and offers a normative set of recommendations for when involuntary treatment is justified, as well as recommendations for the disposition of the subject if involuntary treatment is not justified or is unsuccessful.

2020 ◽  
Vol 22 (Supplement_3) ◽  
pp. iii440-iii440
Author(s):  
Kathy Riley

Abstract In the United States, more than 28,000 children and teenagers live with the diagnosis of a primary brain tumor (Porter, McCarthy, Freels, Kim, & Davis, 2010). In 2017, an estimated 4,820 new cases of childhood primary brain and other central nervous system tumors were expected to be diagnosed in children ages 0 – 19 in the United States (Central Brain Tumor Registry of the United States, 2017). Survivors suffer from lifelong side effects caused by their illness or by various treatments. Commonly identified late effects of treatment include a decline in intellectual functioning and processing speed, performance IQ deficits, memory deficits, psychological difficulties, deficits in adaptive functioning (daily life skills), and an overall decrease in health-related quality of life (Castellino, Ullrich, Whelen, & Lange, 2014). To address the ongoing challenges these survivors and their families face, the Pediatric Brain Tumor Foundation (PBTF) met extensively with working groups comprised of survivors and caregivers to develop the outline for a comprehensive Survivorship Resource Guidebook. In 2019, the PBTF published the guidebook which categorizes survivor and caregiver needs into three primary areas: physical and mental health, quality of life, and working the system. Expert authors included survivors and caregivers themselves in addition to medical and mental health professionals. Key outcomes discovered during the creation and production of this resource highlight how caregivers, survivors and professionals can collaborate to provide needed information and practical help to one segment of the pediatric cancer population who experience profound morbidities as a result of their diagnosis and treatment.


Author(s):  
Johanna E. Nilsson ◽  
Sally Stratmann ◽  
Aurora Molitoris ◽  
Marcella A. Beaumont ◽  
Jessica Horine

Approximately 25 million refugees have fled their homelands internationally, and about 3 million have been resettled in the United States. The mental health needs of a population that has fled oppression, violence, and instability are diverse. This chapter seeks to provide a holistic overview of these needs. The introduction covers what defines the status of a refugee, current resettlement policies, and pre- and post-migration experiences and concerns among refugees, including barriers to basic services. Effective mental health treatment options and areas of competence for mental health professionals working with these individuals are discussed, along with future considerations for best meeting the mental health needs of refugees.


2019 ◽  
Vol 7 (3) ◽  
pp. 621-627 ◽  
Author(s):  
Jonathan Rottenberg ◽  
Andrew R. Devendorf ◽  
Vanessa Panaite ◽  
David J. Disabato ◽  
Todd B. Kashdan

Can people achieve optimal well-being and thrive after major depression? Contemporary epidemiology dismisses this possibility, viewing depression as a recurrent, burdensome condition with a bleak prognosis. To estimate the prevalence of thriving after depression in United States adults, we used data from the Midlife Development in the United States study. To count as thriving after depression, a person had to exhibit no evidence of major depression and had to exceed cutoffs across nine facets of psychological well-being that characterize the top 25% of U.S. nondepressed adults. Overall, nearly 10% of adults with study-documented depression were thriving 10 years later. The phenomenon of thriving after depression has implications for how the prognosis of depression is conceptualized and for how mental health professionals communicate with patients. Knowing what makes thriving outcomes possible offers new leverage points to help reduce the global burden of depression.


1997 ◽  
Vol 6 (S1) ◽  
pp. 81-90
Author(s):  
Rob Bale ◽  
Matthew Fiander ◽  
Tom Burns

The focus of mental health care has seen a significant shift from institutional care to community based care and has been well described (Thornicroft & Bebbington, 1989). This shift has necessitated the development of new and flexible models for ensuring that patients' needs are met. Mental health professionals have to operate across a wide range of community contexts dealing with a complex range of needs. Intensive Case Management (ICM) also known as Assertive Community Treatment is a model of service provision to the long term mentally ill in the community. The Programme of Assertive Community Treatment (ACT) developed by Stein & Test (1980) in the United States has a number of Key elements (figure 1).ACT-based ICM is unusual in that it has been extensively researched (principally in the United States of America), and programmes are relatively well described. Such descriptions, especially of programmes outside America, often focus on underlying principals and philosophies and do little to measure practice. Teague et al. (1995), however, devised clear criteria for measuring practice components and McGrew et al. (1994) asked ACT “experts” to rate the “key” elements of PACT and related a number of these to levels of hospital use. In the United Kingdom, Thornicroft (1991) listed twelve axes for describing the central practice characteristics of case management (a broad concept including ICM). These UK ‘practice characteristics’ also focus more on macro-level programme description rather than on the practices of programme staff. There is a pressing need for research into exactly what teams do.


Peyote Effect ◽  
2018 ◽  
pp. 11-22
Author(s):  
Alexander S. Dawson

In this chapter, we consider the moment when European and American scientists “discovered” peyote. John Briggs was one of the first Americans to write about peyote (in 1887), followed shortly by James Mooney, who recounted his experiences among the Kiowa of Oklahoma at the Anthropological Association in Washington DC in 1891. Around this time, the German scientist Louis Lewin encountered peyote while on a trip to the United States. Americans proved less adept at unlocking the chemistry of the cactus than their German counterparts, who identified four different alkaloids in the cactus by the mid-1890s. This period also saw notable studies of peyote by investigators in the United Kingdom, including some fairly dramatic self-experimentation among English intellectuals overseen by Havelock Ellis. Though their work did not yield widely accepted breakthroughs, these researchers were early pioneers in the exploration of the use of peyote and then mescaline as a tool for mental health professionals.


2018 ◽  
Vol 54 (6) ◽  
pp. 745-753 ◽  
Author(s):  
Xiaoming Lin ◽  
Robert Rosenheck ◽  
Bin Sun ◽  
Guojun Xie ◽  
Guhua Zhong ◽  
...  

2008 ◽  
Vol 10 (3) ◽  
pp. 146-162 ◽  
Author(s):  
Alexandra L. Adame ◽  
Larry M. Leitner

The consumer/survivor/ex-patient (c/s/x) movement has been instrumental in the development of a variety of peer-support alternatives to traditional mental health services in both the United States in Canada. This article explores the role of the c/s/x movement in the creation of such alternatives and discusses the various ways peer support is defined and has been put into practice. We also discuss the potential for future alliances and dialogues between progressive mental health professionals and the c/s/x movement as both groups seek ways to reconceptualize mental illness and recovery outside of the medical model paradigm.


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