Mental Health Law (3 CEs)

The manner in which mental illness has been dealt with in the criminal justice system especially regarding capital punishment has been described as “the shame of the states. “However the death penalty is not the only area in which we see misuse of psychological theories and research. We see this frequently in such areas as competency to stand trial, the insanity defense, involuntary medication, and failure to recognize the impacts of traumatic brain injury on cognitive functioning.Many of these areas are totally ignored in the law due to two forces: sanism and pretextuality.Sanism represents a bias against mentally ill individuals much like racial or gender bias.  Pretextualism refers to performing some forensic function in a careless or slipshod manner, but presenting it to the court in a manner suggesting that it is scientifically valid.