Part 3: Criminal Responsibility (Insanity) The insanity defense has been plagued by myths and misunderstandings since its beginnings . As introduced in Part 2, insanity is fundamentally different from competence in several ways. First, insanity claims are rare. The general public tends to believe the insanity defense is commonly used. This is due, in part,Continue reading “When Mental Illness & the Law Collide”
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When Mental Illness & the Law Collide
Defendants may be suspected of having inadequate present knowledge of their legal cases. When this occurs, they require a formal evaluation that may render them incompetent or unfit to stand trial. This can be a complicated psycholegal issue that impacts more than just the defendant.
Mental Illness in the Legal System
Deinstitutionalization failed to deliver on promises to free the mentally ill from needless hospitalization. The lack of adequate planning, funding and availability of community resources led to many outgoing patients becoming homeless and/or incarcerated. Over time, the mentally ill have been interacting with the legal system at all levels at increasing rates. This has created strains on the legal system and poor outcomes for the mentally ill.