Today, American mental health law and policy promote the restoring of "law and order" in the community rather than protecting civil liberties for the individual. This compelling book recounts how and why mental health law is being reshaped to safeguard society rather than mentally ill citizens. The authors, both experts in the field, convincingly demonstrate how rapidly changing American values ignited two very different visions of justice for the mentally ill. They argue that during the "Liberal era"-- from 1960 to 1980-- Americans staunchly supported civil liberties for all, particularly for disadvantaged citizens like the mentally ill. Also, criminal law provided ample opportunities for mentally ill offenders to avoid criminal punishment for their crimes, and restrictive civil commitment laws made it difficult to hospitalize the mentally disabled against their will. During the "Neoconservative era"--from 1980 on-- however, the public demanded new laws as a result of the rise in crime and the increasing number of homeless in communities. These changes make it much more difficult for mentally ill offenders to escape criminal blame and far easier to put disturbed citizens into hospitals against their will. Back to the Asylum accurately describes how this abrupt shift in from protecting individual rights to protecting the community has had a major impact on the mentally ill. It examines these legal changes in their broader social context and offers a provocative analysis of these law reforms. Finally, this timely work forecasts the future of mental health law and policy as America enters the twenty-first century.
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Editorial Reviews
Review
"The authors, both national experts, one in law and the other in public health, offer a stimulating analysis of the history, societal value changes, and law reforms that affect how we view and care for the mentally ill. Very useful section with notes; comprehensive bibliography. . . . clear and insightful style . . . " --Choice
"A worthwhile book. . . . extensively annotated and, including notes, bibliography, and an effective index, there are almost a hundred pages for the serious reader to research. This is one of the more interesting books on the subject and is valuable both for its provocative style and for the wealth of data on related issues during the past 30 years. I recommend it." --New England Journal of Medicine
"Describe[s] and analyze[s] the shifts in the law concerning commitment, the insanity defense, and criminal responsibility in an interesting and, indeed, provocative manner." --American Journal of Psychiatry
"A thoughtful interpretation of our national confusion regarding the severely mentally ill, the criminally insane, the insanity defense, and involuntary commitment. . . . weaves both social science and legal perspectives throughout and should appeal to a broad audience as a result." --Michael S. Pollak, Contemporary Psychology
"Provides a thorough analysis of the broad social attitudes and political trends, as well as a comprehensive review and synthesis of the emperical literature of the past half century....Its coverage of broader trends in mental disability law and policy provides an important historical context for understanding current and future policy decisions....A very informative and extremely well-written book....Extremely readable....Exceptionally valuable resource."--Journal of Mental Health and Aging
"A worthwhile book. . . . extensively annotated and, including notes, bibliography, and an effective index, there are almost a hundred pages for the serious reader to research. This is one of the more interesting books on the subject and is valuable both for its provocative style and for the wealth of data on related issues during the past 30 years. I recommend it." --New England Journal of Medicine
"Describe[s] and analyze[s] the shifts in the law concerning commitment, the insanity defense, and criminal responsibility in an interesting and, indeed, provocative manner." --American Journal of Psychiatry
"A thoughtful interpretation of our national confusion regarding the severely mentally ill, the criminally insane, the insanity defense, and involuntary commitment. . . . weaves both social science and legal perspectives throughout and should appeal to a broad audience as a result." --Michael S. Pollak, Contemporary Psychology
"Provides a thorough analysis of the broad social attitudes and political trends, as well as a comprehensive review and synthesis of the emperical literature of the past half century....Its coverage of broader trends in mental disability law and policy provides an important historical context for understanding current and future policy decisions....A very informative and extremely well-written book....Extremely readable....Exceptionally valuable resource."--Journal of Mental Health and Aging
About the Author
John Q. LaFond Professor of Law University of Puget Sound School of Law ; Mary L. Durham Associate Professor, School of Public Health and Community Medicine University of Washington
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Inside This Book
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First Sentence:
In the famous "Son of Sam" case in New York City, David Berkowitz initially claimed after his arrest in 1977 that he was compelled by the "demons in Sam Carr's dog" to kill young lovers while they were parked in their cars. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
successful insanity defendants, coercive hospitalization, restrictive commitment laws, civil commitment reforms, federal insanity defense, insanity reforms, psychiatric ghettos, insanity test, insanity acquittees, neoconservative reforms, mentally ill citizens, ill verdict, dangerousness criteria, diminished capacity defense, insanity acquittals, civil commitment laws, ill offenders, involuntary civil commitment, disturbed citizens, insanity defense reform, outpatient commitment, commitment criteria, therapeutic commitment, civil committees, mental health standards Key Phrases - Capitalized Phrases (CAPs): (learn more)
Liberal Era, Supreme Court, United States, New York, District of Columbia, Model Law, New Jersey, American Psychiatric Association, Great Society, Social Security, Sixth Amendment, John Hinckley, Judge Bazelon, North Carolina, Progressive Era, Dan White, Fifth Amendment, Elizabeth's Hospital, Involuntary Treatment Act, Judge David Bazelon, World War New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
In the famous "Son of Sam" case in New York City, David Berkowitz initially claimed after his arrest in 1977 that he was compelled by the "demons in Sam Carr's dog" to kill young lovers while they were parked in their cars. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
successful insanity defendants, coercive hospitalization, restrictive commitment laws, civil commitment reforms, federal insanity defense, insanity reforms, psychiatric ghettos, insanity test, insanity acquittees, neoconservative reforms, mentally ill citizens, ill verdict, dangerousness criteria, diminished capacity defense, insanity acquittals, civil commitment laws, ill offenders, involuntary civil commitment, disturbed citizens, insanity defense reform, outpatient commitment, commitment criteria, therapeutic commitment, civil committees, mental health standards Key Phrases - Capitalized Phrases (CAPs): (learn more)
Liberal Era, Supreme Court, United States, New York, District of Columbia, Model Law, New Jersey, American Psychiatric Association, Great Society, Social Security, Sixth Amendment, John Hinckley, Judge Bazelon, North Carolina, Progressive Era, Dan White, Fifth Amendment, Elizabeth's Hospital, Involuntary Treatment Act, Judge David Bazelon, World War New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 100
books:
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9
books
cite this book:
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- The Insanity Defense by Abraham S. Goldstein on 9 pages
- Thinking About Crime by James Q. Wilson on 6 pages
- Deinstitutionalization and the Welfare State by Paul Lerman on 5 pages
- The Crime of Punishment by Karl Menninger on 4 pages
- The Unfinished Journey: America Since World War II by William H. Chafe on 4 pages
See all 100 books this book cites
- Who Qualifies for Rights: Homelessness, Mental Illness, and Civil Commitment by Judith Lynn Failer on 4 pages
- Patient Autonomy and the Ethics of Responsibility (Basic Bioethics) by Alfred I. Tauber in Back Matter
- Self-Made Madness: Rethinking Illness and Criminal Responsibility by Edward W. Mitchell in Back Matter
- Cost-Outcome Methods for Mental Health by William A. Hargreaves in Back Matter
- Almost A Revolution: Mental Health Law and the Limits of Change by Paul S. Appelbaum on page 14
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