Download Competence in the Law: From Legal Theory to Clinical by Michael L. Perlin, Pamela R. Champine, Henry A. Dlugacz, PDF

By Michael L. Perlin, Pamela R. Champine, Henry A. Dlugacz, Mary Connell

The easiest resource for a complete evaluate of psychological competency in legal, psychological incapacity, and civil legislation, Competence within the legislations prepares psychological health and wellbeing pros to evaluate questions of either civil and felony competence and to assistance attorneys and judges in circumstances during which those concerns are germane. A landmark contribution to forensic perform, this ebook equips you to expertly tackle serious matters confronted in carrying out exams in the felony process.

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State v. Hampton, 218 So. 2d 311, 312 (La. 1969). This concept is discussed in some depth in Thomas Gutheil & Paul Appelbaum, “ Mind Control,” “Synthetic Sanity,” “Artificial Competence,” and Genuine Confusion: Legally Relevant Effects of Antipsychotic Medication, 12 Hofstra L. Rev. 77 (1983). 96. , State v. 2d 1351 (Wash. App. 1985); People v. 2d 787 (Mich. App. 1984); State v. 2d 552 (Tenn. Crim. App. 1977); State v. C. 1978); State v. H. 1978); Craig v. 2d 948 (Tex. Ct. App. 1986). 97. Hampton, 218 So.

625, 66–67 (1993). 113. ’ ” 114. , People v. E. 2d 1255 (Ill. 1998); People v. E. 2d 49 (Ill. 1998), cert. S. 1075 (1999). 115. United States v. Brandon, 158 F. 3d 947 (6th Cir. 1998). Compare Kulas v. Valdez, 159 F. 3d 453 (9th Cir. 1998), cert. S. 1167 (2000) (involuntary administration of antipsychotic medication improper, but, in tort action, treating physician entitled to qualified immunity). 116. 255 F. C. Cir. 2001), aff ’g, 134 F. Supp. C. 2001), cert. S. 1067(2002). 117. See Douglas Mossman, Unbuckling the “Chemical Straitjacket ”: The Legal Significance of Recent Advances in the Pharmacological Treatment of Psychosis, 39 San Diego L.

Miami L. Rev. 2 (1980). ” Ralph Slovenko, The Developing Law on Competency to Stand Trial, 5 J. Psychiatry & L. 165, 178 (1977). 11. , 4 Blackstone, Commentaries 24 (9th ed. 1783); Hale, The History of the Pleas of the Crown 34 (1847). 12. , People v. 2d 1017 (Cal. App. 1953). 13. Until the late eighteenth century, if the court concluded that a defendant was remaining “mute of malice,” it could order him subjected to the practice of peine forte et dure, the placing of increasingly heavy weights on the defendant ’s chest to “press” him for an answer.

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