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NCJRS Abstract

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NCJ Number: 69606 Add to Shopping cart Find in a Library
Title: Criminal Justice and Mental Health Systems - Conflict and Collusion
Author(s): K S Miller
Date Published: 1980
Page Count: 139
Sponsoring Agency: Oelgeschlager, Gunn and Hain Publishers, Inc
Boston, MA 02116
US Dept of Justice
Washington, DC 20531
Grant Number: 77NI-99-0061
Sale Source: Oelgeschlager, Gunn and Hain Publishers, Inc
131 Clarendon Street
Boston, MA 02116
United States of America
Language: English
Country: United States of America
Annotation: This book examines the idea that the social control theory of the therapeutic state, defining social deviance as a treatable illness, causes a merger of the criminal justice and mental health systems.
Abstract: The analysis focuses almost exclusively on adults, although many of the conclusions could also apply to children. Current trends, problems, and issues affecting the status of the relationship between the therapeutic state and medical explanations of deviance and the criminal justice and mental health systems are examined. Discussion covers examples of behaviors that have been transferred from criminal designations to sickness designations, including public drunkenness, drug abuse, sexual deviance, gambling, mental retardation, political dissent, and child abuse. A detailed review of current court decisions which relate to the therapeutic state examines such subjects as the right to treatment, the right to refuse treatment, civil commitment, guardianship and conservatorship, the control of mental health and medical records, and the issue of being not guilty by reason of insanity. A consideration of forces leading to an alliance of the criminal justice and mental health systems surveys the current status of the criminal justice system, remedies for problems, and the reasons for increased interaction of the two systems. Problems accompanying this merger are reviewed, followed by specific recommendations for correcting abuses, including the need for a due process model. Chapter notes, an index, and a bibliography of approximately 150 references are provided.
Index Term(s): Criminology; Custody vs treatment conflict; Deviance; Judicial decisions; Medical evaluation; Medicolegal considerations; Mental health services; Mentally ill offenders; Problem behavior; Psychiatry; Social control theory; Treatment
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