Developments in Mental Health Law

Articles from Vol. 6, No. 3-4, July-December

Competency to Confess; Competency to Die
Throughout the criminal justice process, questions may arise concerning the mental competency of the accused to exercise his or her rights under the law. There may be doubts about the defendant's general competency to stand trial, or some other, more...
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Criminal Insanity and the Right to Silence
In an opinion rendered on January 14, 1986, the United States Supreme Court ruled that the use by a prosecutor of a criminal defendant's postarrest, post-Miranda warnings silence as evidence of the defendant's sanity at the time of the offense violates...
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Federal Protection and Advocacy Funding Now Available
After compromising their different versions of the bill, both Senate and House approved the Protection and Advocacy for Mentally III Individuals Act, P.L. 99-319, in May 1986; the president signed it into law the same month. With authorized funds of...
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In the United States Supreme Court
In the October 1985 Term the United States Supreme Court considered a broad range of controversies involving psychiatry and law. In addition to those analyzed below, guest contributor Larry Fitch discusses on page 26 of this issue three other important...
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Mental Disability Law Crosses a New Frontier: A Review of Recent Developments
Disability law continues to be one of the most rapidly developing areas of public law. It often appears to be a seamless web, even to the experts. Three interwoven threads give this fabric of law its distinctive color and character: * The concept...
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Parents Can Now Recover Attorney's Fees in Special Education Disputes
Legislation reversing the Supreme Court's decision in Smith v. Robinson 468 U.S. 2 (1984), was signed into law on August 5. 1986: The new law the Handicapped Children's Protection Act of 1986 (P.L. 99-372), authorizes attorney's fees for the prevailing...
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Virginia Supreme Court Considers Testamentary Competency
Pace v. Richmond, 231 Va. --, 2 VLR 1777 (April 25, 1986). In this decision the Virginia Supreme Court reiterated its well-established rules governing will contests based on claims of testamentary incompetency and undue influence. The case involved...
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Wyatt Case Settled
The Case which began as Wyatt v. Stickney on October 23, 1970, in a federal district court in Alabama has been settled. In an order entered September 22, 1987, the district court approved a settlement which dissolved the receivership into which the...
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