The Hidden Prejudice: Mental Disability on Trial / Edition 1

The Hidden Prejudice: Mental Disability on Trial / Edition 1

by Michael L. Perlin
     
 

In The Hidden Prejudice, Michael L. Perlin reveals a pattern of prejud ice against mentally disabled individuals that keeps them from receivi ng equal treatment under the law. Sanism, like racism, is a prejudice against a minority population. This mostly hidden prejudice against mentally ill people has pervaded Western culture throughout history an d continues to

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Overview

In The Hidden Prejudice, Michael L. Perlin reveals a pattern of prejud ice against mentally disabled individuals that keeps them from receivi ng equal treatment under the law. Sanism, like racism, is a prejudice against a minority population. This mostly hidden prejudice against mentally ill people has pervaded Western culture throughout history an d continues to affect our culture and legal system. Under the pretext of "improving" society, a judge, lawyer, or fact-finder may rationali ze turning a blind eye to faulty evidence and render a sanist decision . The pretext for this testimonial dishonesty is that the end result justifies the means. In cases involving the mentally disabled, these end results are founded on the prejudicial belief that the mentally di sabled are not responsible or intelligent enough to deserve the full r ights of citizenship. Perlin argues that these are sanist decisions, and explores the roots and results of these decisions.

Product Details

ISBN-13:
9781557986160
Publisher:
American Psychological Association
Publication date:
01/28/2000
Series:
Law and Public Policy Series
Edition description:
1 ED
Pages:
329
Product dimensions:
7.28(w) x 10.28(h) x 1.14(d)

Meet the Author

Table of Contents

Preface
Acknowledgments
Sources
Introduction
Pt. ISanism and Pretextuality1
Ch. 1Setting the Stage: Why Mental Disability Is on Trial3
Ch. 2On Sanism21
Ch. 3On Pretextuality59
Pt. IIThe Sanist and Pretextual Roots of Mental Disability Law77
Ch. 4Involuntary Civil Commitment Law79
Ch. 5The Right to Treatment113
Ch. 6The Right to Refuse Treatment125
Ch. 7The Right to Sexual Interaction157
Ch. 8The Americans With Disabilities Act175
Ch. 9The Competence to Plead Guilty and the Competence to Waive Counsel205
Ch. 10The Insanity Defense223
Ch. 11The Federal Sentencing Guidelines245
Pt. IIITherapeutic Jurisprudence: Exposing Sanism and Pretextuality259
Ch. 12Exposing the Prejudice261
Ch. 13Unpacking Mental Disability Law273
Ch. 14Conclusion305
Table of Authority311
Index321
About the Author329

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