Providing a unique insight into the decision making processes of Mental Health Review Tribunals and of the motivations and aspiriations of the patients and psychiatrists appearing before them, this book assesses the process of decision making from the initial application by a patient, through descriptions of tribunal hearings, to an examination of their deliberations. It uses empirical data from individual cases to explain the inherent limitations of legal safeguards functioning in therapeutic contexts.

Tribunals on Trial: A Study of Decision-Making Under the Mental Health Act 1983

Business & Money

Peay, Jill

Education & Reference

Oxford University Press

Mental Health and Crime (Contemporary Issues in Public Policy)

Does mental disorder cause crime? Does crime cause mental disorder? And if either of these could be proved to be true what consequences should stem for those who find themselves deemed mentally disordered offenders? Mental Health and Crime examines the nature of the relationship between mental disorder and crime. It concludes that the broad definition of what is an all too common human condition – mental disorder – and the widespread occurrence of an equally all too common human behaviour – that of offending – would make unlikely any definitive or easy answer to such questions.  For those who offend in the context of mental disorder, many aspects of the criminal justice process, and of the disposals that follow, are adapted to take account of a relationship between mental disorder and crime. But if the very relationship is questionable, is the way in which we deal with such offenders discriminatory? Or is it perhaps to their benefit to be thought of as less responsible for their offending than fully culpable offenders? The book thus explores not only the nature of the relationship, but also the human rights and legal issues arising. It also looks at some of the permutations in the therapeutic process that can ensue when those with mental health problems are treated in the context of their offending behaviour.

Routledge-Cavendish

In the field of mental health law, we entrust decisions with consequences of the utmost gravity - decisions about compulsory medical treatment and the loss of liberty - to doctors and approved social workers. Yet, how do these non-lawyers make decisions where the legitimacy of those decisions derives from law? This book examines the practical, ethical and legal terrain of duo-disciplinary decision-making: given identical cases, what dilemmas do psychiatrists and approved social workers encounter, do they reach the same or similar decisions and, most critically, how are those decisions justified? At a time of ferment in mental health law, this book, through its narrative format, provides a better understanding of the dilemmas posed.

Decisions and Dilemmas: Working with Mental Health Law

Criminal Law

Hart Publishing

Until recently, law relating to mental disorder and to the mentally disorded has rarely been the subject of such extensive and heated debate. This book explores and reflects upon this debate. So far the debate's focus has been on the tension between public protection and individual civil rights, since much of its impetus has derived from notorious homicides in the community and been directed towards calls for a community treatment order. The debate encapsulated here is more comprehensive, going to the heart of the nature of mental illness and its impacts on legal capacity, juxtaposing constructs which arise out of profoundly differing disciplines. The book concludes that the contribution of current mental health legislation is both marginal and it seeks to set an agenda for radical law reform by recognizing that asking questions may, at this stage, be more valuable than providing hasty answers. Many of the chapters deal with the recent Bournewood decision in the House of Lords.

Law Without Enforcement: Integrating Mental Health and Justice

Health, Fitness & Dieting

Eastman, Nigel

Mental Health

Politics & Social Sciences

Social Sciences

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Books by Peay, Jill