The Hidden Prejudice: Mental Disability on

New York Law School. Reveals a pattern of prejudice against mentally disabled individuals that keeps them from receiving equal treatment under the law. Covers sanism and pretextuality, the sanist and pretextual roots of mental disability law, and therapeutic jurisprudence. For psychologists and lawyers.

Michael L. Perlin, JD, is a professor at New York Law School and an adjunct professor of psychiatry and law at both the New York University Medical School and the New York College of Medicine.

Preface

ix

Acknowledgments

xii

Sources

xiii

Introduction

xv

PART I: SANISM AND PRETEXTUALITY

1

(76)

Setting the Stage: Why Mental Disability Is on Trial

3

(18)

Heuristics

4

(12)

``Ordinary Common Sense''

16

(4)

Conclusion

20

(1)

On Sanism

21

(38)

The Development of Other ``Isms'': On Stereotyping

24

(5)

On Specific ``Isms''

29

(4)

On the Response of the Legal System

33

(3)

The Roots of Sanism

36

(3)

Public Attitudes

39

(9)

The Sanist Legal System

48

(10)

Conclusion

58

(1)

On Pretextuality

59

(18)

Pretexts in the Legal System

63

(4)

Pretexts in Mental Disability Cases

67

(2)

``Morality'' of Mental Health Professionals

69

(3)

Teleology

72

(3)

Conclusion

75

(2)

PART II: THE SANIST AND PRETEXTUAL ROOTS OF MENTAL DISABILITY LAW

77

(182)

Involuntary Civil Commitment Law

79

(34)

``Dangerousness'' and Commitment Law

80

(2)

The Split in Commitment Law

82

(2)

``Morality'' of Mental Health Professionals

84

(8)

Sanism, Pretextuality, and Civil Commitment Law

92

(6)

Nonsanist and Nonpretextual Cases

98

(1)

``Other'' Populations

99

(13)

Conclusion

112

(1)

The Right to Treatment

113

(12)

Wyatt and Its Progeny

113

(7)

A Turn Toward Pretextuality

120

(3)

Conclusion

123

(2)

The Right to Refuse Treatment

125

(32)

State and Federal Systems

127

(3)

Other Settings and Different Populations

130

(5)

Decoding the Right to Refuse Treatment

135

(11)

Adequacy of Counsel

146

(3)

Individual Right-to-Refuse-Treatment Cases

149

(6)

Conclusion

155

(2)

The Right to Sexual Interaction

157

(18)

Perspectives on Patients and Sex

158

(5)

Development of Patients' Rights

163

(4)

Sanism, Pretextuality, Teleology, and Sex

167

(3)

Rights in Collision

170

(4)

Conclusion

174

(1)

The Americans With Disabilities Act

175

(30)

The ADA and Mental Disability

185

(5)

More Recent Developments

190

(10)

Sanism and the ADA

200

(4)

Conclusion

204

(1)

The Competence to Plead Guilty and the Competence to Waive Counsel

205

(18)

The Godinez Case

208

(6)

The Ferguson Case

214

(4)

Sanism, Pretexts, the Public, and Colin Ferguson

218

(1)

Conclusion

219

(4)

The Insanity Defense

223

(22)

The Role of Externalities

227

(1)

Insanity Defense Myths

228

(2)

The Depths of the Mythology

230

(1)

The Roots of the Myths

230

(1)

Fear of Faking

231

(6)

Sanism and the Insanity Defense

237

(1)

Pretexts and the Insanity Defense

238

(5)

Conclusion

243

(2)

The Federal Sentencing Guidelines

245

(14)

The Guidelines

247

(3)

The Choice of Mental Disability Language

250

(1)

The Case Law

251

(4)

Mental Disability and the Guidelines

255

(2)

Conclusion

257

(2)

PART III: THERAPEUTIC JURISPRUDENCE: EXPOSING SANISM AND PRETEXTUALITY

259

(52)

Exposing the Prejudice

261

(12)

Conclusion

272

(1)

Unpacking Mental Disability Law

273

(32)

Involuntary Civil Commitment and the Right to Treatment

273

(6)

Right to Refuse Treatment

279

(6)

The Americans With Disabilities Act

285

(2)

Federal Sentencing Guidelines Cases

287

(1)

Insanity Defense

288

(13)

Conclusion

301

(4)

Conclusion

305

(6)

Table of Authority

311

(10)

Index

321

(8)

About the Author

329

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

FREE SHIPPING

Amazon no longer offers textbook rentals. We do!

The Hidden Prejudice: Mental Disability on Trial

Summary

Author Biography

Table of Contents

Supplemental Materials