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However, there must be a formal institutional hearing, the prisoner must be found to be dangerous to himself or others, the prisoner must be diagnosed with a serious mental illness, and the mental health care professional must state that the medication prescribed is in the prisoner's best interest. 14th 1992 Riggins v. Nevada
Mental health law includes areas of both civil and criminal common and statutory law. Common law is based on long-standing English legal principles, as interpreted through case law . Mental health-related legal concepts include mens rea , insanity defences ; legal definitions of " sane ," "insane," and " incompetent ;" informed consent ; and ...
Kendra's Law allows courts to order certain people diagnosed with mental illness to attend treatment as a condition for living in the community. The law is aimed at those who have a pattern of not following treatment recommendations which has resulted in hospitalization, or violent behaviors placing the patient or others as serious risk of ...
For decades, those with mental illness have been overrepresented in jails and prisons as roughly 2 in 5 people who are incarcerated have a history of mental illness, according to the National ...
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Little is known about the criminal justice system and the mentally ill: [T]here is no definitive study regarding the percentage of people with mental illness who come into contact with police, appear as criminal defendants, are incarcerated, or are under community supervision. Furthermore, the scope of this issue varies across jurisdictions.
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