The Hidden Prejudice: Mental Disability on Trial / Edition 1

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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.

The book contains no figures.

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Product Details

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

Table of Contents

Pt. I Sanism and Pretextuality 1
Ch. 1 Setting the Stage: Why Mental Disability Is on Trial 3
Ch. 2 On Sanism 21
Ch. 3 On Pretextuality 59
Pt. II The Sanist and Pretextual Roots of Mental Disability Law 77
Ch. 4 Involuntary Civil Commitment Law 79
Ch. 5 The Right to Treatment 113
Ch. 6 The Right to Refuse Treatment 125
Ch. 7 The Right to Sexual Interaction 157
Ch. 8 The Americans With Disabilities Act 175
Ch. 9 The Competence to Plead Guilty and the Competence to Waive Counsel 205
Ch. 10 The Insanity Defense 223
Ch. 11 The Federal Sentencing Guidelines 245
Pt. III Therapeutic Jurisprudence: Exposing Sanism and Pretextuality 259
Ch. 12 Exposing the Prejudice 261
Ch. 13 Unpacking Mental Disability Law 273
Ch. 14 Conclusion 305
Table of Authority 311
Index 321
About the Author 329
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  • Anonymous

    Posted April 19, 2000

    A Beacon for the 21st Century

    This book is comparable to Freud's groundbreaking early 20th Century writings: it is long overdue and ahead of its time... a beacon for the 21st Century that may at last unchain a justice system shackled in a 'lock them up and throw away the key' Dark Ages mentality... it lends a voice to those stifled by centuries of misunderstanding and acknowledges the dignity of every human being... this book may save lives...

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