Developments in Mental Health Law

Articles from Vol. 27, No. 2, July

Developments in the United States Supreme Court
United States Supreme Court Holds That Criminal Defendants with Severe Mental Illness, Although Found Competent to Stand Trial, May Be Denied Their Right to Self-Representation if Trial Judge Determines That They Do Not Have the Mental Capacity...
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Government Accountability Office Investigates Child Abuse and Deaths in Residential Treatment Programs for Troubled Youth
The United States Government Accountability Office (GAO) conducted a comprehensive study on allegations of abuse and death in residential treatment programs for troubled youth. Residential treatment programs provide a range of services for children,...
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Government Agrees to Compensate Family That Claims Childhood Vaccinations Caused Autism; Implications of Settlement Are Contested
In July of 2000, nineteen month-old Hannah Poling, who had consistently met her developmental milestones to that point, received nine vaccinations administered in five shots during a well-baby visit at a pediatric center. Within two days, according...
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Justice Served? the High Cost of Juvenile Sex Offender Registration
I. Introduction After being convicted at the age of eighteen, juvenile sex offender Alan Groome was released from a Washington prison in 1994 when he finished serving a three year sentence for raping two boys. (1) He moved into his mother's apartment...
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Supreme Court of Virginia Holds That the University of Virginia Health Services Foundation Is Not Entitled to Assert Charitable Immunity Doctrine as a Defense to Lawsuits
Individuals experiencing acute psychiatric distress often approach the emergency room of a local hospital when they are in need of care, either because they need emergency services or because they lack adequate health care coverage and these are...
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Supreme Courts of Ohio and Iowa Rule That Pre-Trial Statements Made by a Child Are Generally Inadmissible at Trial If the Police Were Involved in Obtaining the Statements and the Defendant Has Not Had an Opportunity to Cross-Examine the Child; United States Supreme Court Declines to Review Rulings
The Sixth Amendment's Confrontation Clause guarantees criminal defendants the right to confront and cross-examine witnesses who provide testimony against the defendant. This becomes an issue in criminal trials when victims or witnesses to a crime...
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Texas Court of Appeals Holds That a Hospital Had No Duty to Protect from Harm Three Individuals, Including an Ex-Wife, Who a Depressed, Paranoid, and Suicidal Patient Murdered after Leaving the Hospital
The California Supreme Court in 1976 ruled that mental health providers in California must take reasonable steps when they know or should know that their client presents a serious danger of violence to an identified or readily identifiable third...
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Virginia Court of Appeals Refuses to Terminate Parental Rights of Child Placed in Foster Care after Mother Required Hospitalization Following a Psychotic Episode; Parents Found to Have Substantially Remedied in a Timely Manner the Conditions That Led to the Child's Removal
A recent review of state laws in the United States found that thirty-six states have laws that explicitly include disability-related grounds as a basis for terminating parental rights. All of them explicitly authorize termination for parental mental...
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Waiting in the Wings? the Admissibility of Neuroimagery for Lie Detection
"Anyone who has proclaimed violence his method inexorably must choose lying as his principle."--Aleksandr Solzhenitsyn (1) I. Introduction Perhaps even more than civil proceedings, the criminal trial demands the truth. For one, the stakes are...
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