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AN OVERVIEW:
Mental health and the law interact in numerous ways.
The term "competence" signifies a legal conclusion that an individual
is capable of entering into a binding contract, transferring assets, or
participating in a legal proceeding. The provision of mental health services
is regulated and, to some extent, publicly supported.
Legal standards surround the process by which those who are mentally ill
can be forced, against their will, to receive treatment. Statutes for
involuntary commitment whether denominated civil or criminal are subject
to the due process clause of the 14th Amendment. This is because involuntary
commitment severly infringes on a person's right to be free from governmental
restraint and the right to not be confined unnecessarily. Courts have
held that such statutes must bear some reasonable relation to the purpose
for which the individual is committed.
Finally and most conspicuously, the criminal justice system has, of necessity,
to address issues of responsibility, appropriateness of trial and treatment
in the light of mental health considerations.
States dictate how and when the insanity defense may be invoked in state
court while the federal government does so for the federal court system.
In 1984, the Insanity Defense Reform Act (18 U.S.C. 17) was passed. Generally,
it placed the burden of proving insanity on the defendant and it cut on
the use of mental illness as a defense. Today, insanity is rarely invoked
and of those, only a quarter succeed.
[excerpted from the Cornell Law website]
Additional Resources:
- What's
Happening in Court: Resources for children and families. Here are
fun activities and useful information to help children and their families
who may be in court for any reason -- whether they are visitors, witnesses,
or involved in a case.
- Santa Barbara County Court Rules:
Chapter 16 - Court procedures for civil mental health.
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Mental
Health