By Bruce J. Winick (auth.), John Monahan, Henry J. Steadman (eds.)
In its narrowest experience, "mentally disordered criminal" refers back to the nearly twenty thousand people in keeping with 12 months within the usa who're institutionalized as now not to blame due to madness, incompetent to face trial, and mentally disordered intercourse offenders, in addition to these prisoners transferred to psychological hospitals. the genuine significance of mentally disordered offenders, besides the fact that, would possibly not lie during this determine. really, it could dwell within the symbolic function that mentally disordered offenders play for the remainder of the criminal procedure. The 3,140 people dwelling in kingdom associations on a standard day in 1978 as now not responsible because of madness (see bankruptcy 4), for instance, are without doubt necessary of outrage of their personal correct. yet they symbolize just one% of the 307,276 folks living in country and federal prisons within the comparable interval (U. S. Dept. of Justice, 1981). From a merely numeric standpoint, the madness safety actually is "much ado approximately little" (Pasewark & Pasewark, 1982). The significant value of figuring out those folks, despite the fact that, is they serve a symbolic functionality in justifying the imprisonment of the opposite 99%. The madness protection, as Stone (1975) has famous, is "the exception that proves the guideline. " via exculpating a comparatively few humans from being criminally liable for their habit, the legislation inculpates all different legislation violators as answerable for social sanction.
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Extra resources for Mentally Disordered Offenders: Perspectives from Law and Social Science
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1146; Rogers v. Okin 1980; Winick 1977, p. 813; Winick 1981, pp. 376-83). In Rennie v. Klein (1978), the court applied the least restrictive alternative doctrine in the context of a mental patient's attempt to refuse a particular therapy, permitting the patient to resist antipsychotic medication. The court found that lithium plus an antidepressant drug, to which the patient raised no objection, presented a less intrusive treatment program than the antipsy- 18 BRUCE J. WINICK chotic medication proposed by the hospital, and ordered that the hospital attempt treatment with lithium and the antidepressant before antipsychotic medication could be administered.
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