Developments in Mental Health Law

Articles from Vol. 5, No. 1-2, January-June

Ake V. Oklahoma: New Directions for Forensic Evaluation
In an opinion announced in February, the United States Supreme Court ruled that an indigent criminal defendant is entitled to "psychiatric assistance" at the government's expense in at least two situations: (1) where the defendant makes a preliminary...
Civil Commitment Appeals
Civil commitment hearings in Virginia are held in courts not of record before General District Court Judges, Juvenile and Domestic Relations District Court Judges, or Special Justices. Special Justices are attorneys appointed by the senior Circuit...
Clarifies Insanity Defenses
In an opinion announced on November 30, 1984, the Virginia Supreme Court resolved a question that has confounded Virginia judges for more than one hundred years: whether the two parts of the cognitive prong of Virginia's insanity defense (i.e., lack...
Court-Appointed Experts in Commitments
The basic statute governing civil commitment in Virginia, [section] 37.1-67.3, has been amended to encourage the appointment of licensed clinical psychologist in these hearings. Immediately prior to the 1982 amendments to the state commitment law,...
Predischarge Planning
An amendment enacted this year to [section] 37.1-98 and the enactment of a new [section] 37.1-98.2 will improve the quality of predischarge planning in the state hospital's with little or no reduction of patient privacy. The new law will permit the...
Settlement of Poe V. Lynchburg Ends "Sterilization Era"
Attorneys for patients who had been sexually sterilized during residence in Virginia state mental health facilities recently settled their case against the state after more than four years of litigation. Poe v. Lynchburg Training School and Hospital,...
The Mentally Ill in Virginia's Jails
In Virginia last year, there were over 12,000 admissions of severely mentally ill persons to our local jails. Widespread jailing of the mentally ill can be understood only within the larger context of public policy toward the chronically mentally ill...
The Virginians with Disabilities Act
First introduced in the 1984 General Assembly, H.B. 817, "The Virginians with Disabilities Act," was this year enacted in drastically amended form. The Act, which in its original draft is described in 4 Developments in Mental Health Law 19 (July-December...
The Virginians with Disabilities Act: A Bill of Rights for the Handicapped or a Cruel Hoax?
On February 18, 1985 the Virginia General Assembly passed and on March 21, 1985, Governor Robb signed into law House Bill 817 known as the Virginians with Disabilities Act House Bill 817 was introduced in the 1984 General Assembly by its chief patron...
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