NCJ Number
68418
Date Published
1979
Length
550 pages
Annotation
THE THIRD OF A THREE-VOLUME SET, THIS COMPENDIUM OF ARTICLES DEALING WITH THE LEGAL RIGHTS OF MENTALLY DISABLED PERSONS WAS COMPILED AS A REFERENCE FOR A SPECIALIZED LEGAL TRAINING COURSE.
Abstract
PUBLIC AWARENESS OF ISSUES REGARDING THE BASIC RIGHTS OF THE MENTALLY HANDICAPPED IS DIRECTLY ATTRIBUTABLE TO THE INVOLVEMENT OF THE LEGAL PROFESSION. ADVOCACY EFFORTS IN THE LAST DECADE HAVE RESULTED IN COURT RULINGS AIMED AT ERADICATING DISCRIMINATION AGAINST THIS POWERLESS AND DISADVANTAGED GROUP AND ACCORDING MENTALLY DISABLED PERSONS THE SAME RIGHTS AND DIGNITY AS OTHER CITIZENS. THE SEMINARS FOR WHICH THIS COURSEBOOK WAS PREPARED ARE DESIGNED FOR ATTORNEYS WHO ARE OR WISH TO BECOME A PART OF THE GROWING NETWORK OF LEGAL ADVOCATES FOR MENTALLY DISABLED CLIENTS. THE MATERIALS, IN OUTLINE-ESSAY FORM, REPRESENT VIEWPOINTS OF LEADING PROFESSIONALS IN THE FIELD OF MENTAL DISABILITY LAW. ARTICLES COVER ALL THE MAJOR RIGHTS AREAS; IN ADDITION, THE VOLUMES CONTAIN MODEL COMPLAINTS, BRIEFS, STATUTES, AND OTHER LEGAL SOURCE MATERIALS SUCH AS RECENT SLIP OPINIONS. CONTINUING THE TOPICAL OUTLINE BEGUN IN THE FIRST TWO VOLUMES, THIS FINAL BOOK OF THE SERIES COMPLETES PART SIX, BEGUN IN VOLUME 2, 'RIGHTS IN THE COMMUNITY.' IT CONTAINS, ADDITIONALLY, PARTS ON RIGHTS IN THE CRIMINAL PROCESS, UNDERTAKING LITIGATION, ADVOCACY SYSTEMS, AND A MENTAL HEALTH LAW PROJECT. THE REMAINING COMMUNITY MATTERS DELINEATED INCLUDE MARITAL AND FAMILY RIGHTS, VOTING RIGHTS AND JURY DUTY, FEDERAL AND STATE ENTITLEMENTS SUCH AS HEALTH CARE AND COMMUNITY SUPPORT SERVICES, AND THE ISSUE OF THERAPEUTIC CONFIDENTIALITY. A SUMMARY OVERVIEW OF RIGHTS IN THE CRIMINAL PROCESS IS PROVIDED, AS IS A DISCUSSION OF PRACTICAL MATTERS OF UNDERTAKING LITIGATION. ARTICLES OFFER SUGGESTIONS FOR ATTORNEY APPROACHES IN INTERVIEWING MENTALLY DISABLED CLIENTS AND EXAMINING EXPERT WITNESSES. TECHNICAL LITIGATION PROBLEMS ARE DEALT WITH IN TERMS OF STANDING, EXHAUSTION, IMMUNITY, AND CLASS ACTION. ONE ARTICLE VIEWS LITIGATION IN CONTEXT WITH OTHER COMPLEMENTARY STRATEGIES FOR REFORM. A SECTION ON ATTORNEY'S FEES CONCLUDES WITH A BIBLIOGRAPHY ON THE SUBJECT. ADVOCACY SYSTEMS ARE DEALT WITH IN NATIONAL AND REGIONAL TERMS, IDENTIFYING BY NAME AND ADDRESS ORGANIZATIONS, BACKUP RESOURCES, AND RELEVANT CONGRESSIONAL COMMITTEES. FOOTNOTES ARE PROVIDED FOR SOME ARTICLES; A PROGRAM SCHEDULE AND FACULTY LISTING ARE APPENDED. FOR THE REMAINING PARTS OF THE SET, NCJ 68415-17. (MRK)