Source: (2012) Buffalo Law Review. 60(1):147-223.
For almost as long as there has been a criminal justice system, society has struggled with how to respond to offenders with a mental disorder whose criminal behavior has been shaped and driven by their mental disorder. Virtually everyone who works with this population, including criminal justice officials, believes that societyâ€Ÿs current response is woefully inadequate. This Article will propose an alternative approach that can provide a better response for all of the parties affected by these crimes, including the victims of these crimes and the offenders themselves. At the same time, there is a general lack of overarching principles to guide such analyses. Based on a review of the current literature and a growing consensus regarding various points drawn from this literature, this Article begins with an effort to articulate these principles before turning to the proposed model and its foundations… (excerpt)
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