When horrific acts of violence take place, events such as massacres in Boston, Newtown, CT, and Aurora, CO, people want answers. Who would commit such a thoughtless act of violence? What in their backgrounds could make them so inhumane, cruel, and evil? Often, people assume immediately that the perpetrator must have a mental disorder, and in some cases that does prove to be the case. But the assumption that most people with mental disorders are violent, prone to act out, and a threat to others and themselves, is clearly erroneous. Mental Disability, Violence, and Future Dangerousness thoroughly documents and explains how and why persons with mental disabilities who are perceived to be a future danger to others, the community, or themselves have become the most stigmatized, abused, and mistreated group in America, and what should be done to correct the resulting injustices. Each year state and federal governments incarcerate, deny treatment to, and otherwise deprive hundreds of thousands of Americans with mental disabilities of their fundamental rights, liberties, and freedoms— including on occasion their lives—based on unreliable and misleading predictions that they are likely to be dangerous in the future. Yet, due to an exaggerated fear of violence in our society, almost no one seems concerned about these injustices, which exclusively affect Americans who have been impaired by mental disorders and the lack of treatment, especially after they have been abused as children or injured in combat. Instead, we appear to be oblivious to these injustices or comfortable in allowing them to become worse. Here, John Weston Parry carefully delineates the mishandling of persons with mental disabilities by the criminal and civil justice systems, and illustrates the ways in which we can identify and remedy those injustices.

There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.

This new book written by ABA Commission on Mental and Physical Disability Law Director, John Parry, J.D. and forensic psychologist, Eric Y. Drogin, J.D., Ph.D., Manual has been formatted and written to guide lawyers, judges, law students, and forensic and other mental disability professionals through the maze of civil and criminal laws, standards, and evidentiary pitfalls, and forensic practices that characterize this area of the law. Moreover, it summarizes what empirical evidence exists to support or raise concerns about these legal standards and forensic practices when they are introduced in the courtroom.

Michael Perlin shows how the administration of the death penalty deprives persons with mental disabilities of their constitutional rights, and how trial courts and prosecutors consciously flaunt the law. Using real life examples, he brings this often overlooked situation to light and calls for immediate change.

Perhaps never before has an objective, evidence-based review of the intersection between gun violence and mental illness been more sorely needed or more timely. Gun Violence and Mental Illness, written by a multidisciplinary roster of authors who are leaders in the fields of mental health, public health, and public policy, is a practical guide to the issues surrounding the relation between firearms deaths and mental illness. Tragic mass shootings that capture headlines reinforce the mistaken beliefs that people with mental illness are violent and responsible for much of the gun violence in the United States. This misconception stigmatizes individuals with mental illness and distracts us from the awareness that approximately 65% of all firearm deaths each year are suicides. This book is an apolitical exploration of the misperceptions and realities that attend gun violence and mental illness. The authors frame both pressing social issues as public health problems subject to a variety of interventions on individual and collective levels, including utilization of a novel perspective: evidence-based interventions focusing on assessments and indicators of dangerousness, with or without indications of mental illness. Reader-friendly, well-structured, and accessible to professional and lay audiences, the book: * Reviews the epidemiology of gun violence and its relationship to mental illness, exploring what we know about those who perpetrate mass shootings and school shootings. * Examines the current legal provisions for prohibiting access to firearms for those with mental illness and whether these provisions and new mandated reporting interventions are effective or whether they reinforce negative stereotypes associated with mental illness. * Discusses the issues raised in accessing mental health treatment in regard to diminished treatment resources, barriers to access, and involuntary commitment.* Explores novel interventions for addressing these issues from a multilevel and multidisciplinary public health perspective that does not stigmatize people with mental illness. This includes reviews of suicide risk assessment; increasing treatment engagement; legal, social, and psychiatric means of restricting access to firearms when people are in crisis; and, when appropriate, restoration of firearm rights. Mental health clinicians and trainees will especially appreciate the risk assessment strategies presented here, and mental health, public health, and public policy researchers will find Gun Violence and Mental Illness a thoughtful and thought-provoking volume that eschews sensationalism and embraces serious scholarship.

When a loved one with mental illness comes into contact with the law, trying to advocate for them can be an overwhelming and frustrating endeavor. Mental illness adds a layer of complexity to legal processes, and the justice system can be downright bewildering, even for the most well-intentioned. How can families find out if their loved one is being mistreated or ignored, and how can they make sense of their rights under various laws and regulations? Family Guide to Mental Illness and the Law offers the nuts-and-bolts legal information and problem-solving steps families need. This accessible resource explains how common legal issues uniquely impact people with various forms of mental illness and what family members can do to help. Readers will learn how to · help protect a loved one's job, housing, or medical care · participate in hearings about guardianship, involuntary commitment, bankruptcy, and more · assist in making financial arrangements · navigate federal laws surrounding the Family and Medical Leave Act, HIPAA, disability claims, and workers' compensation · steer criminal proceedings away from jail and toward treatment Beyond the legal system, this book also guides readers in interacting with officials and authorities, lobbying for better laws, and working with local governments towards improving policies that affect those with mental illness. Complete with real-world examples, Family Guide to Mental Illness and the Law provides practical advice and eases the feelings of isolation that often accompany loving someone with mental illness.