Enrollment in mental health courts: voluntariness, knowingness, and adjudicative competence

Law Hum Behav. 2010 Apr;34(2):91-104. doi: 10.1007/s10979-008-9170-8. Epub 2008 Dec 31.

Abstract

Mental health courts (MHCs) are rapidly expanding as a form of diversion from jails and prisons for persons with mental illness charged with crimes. Although intended to be voluntary, little is known about this aspect of the courts. We examined perceptions of voluntariness, and levels of knowingness and legal competence among 200 newly enrolled clients of MHCs at two courts. Although most clients claimed to have chosen to enroll, at the same time, most claimed not to have been told the court was voluntary or told of the requirements prior to entering. The majority knew the "basics" of the courts, but fewer knew more nuanced information. A minority also were found to have impairments in legal competence. Implications are discussed.

Publication types

  • Research Support, U.S. Gov't, Non-P.H.S.

MeSH terms

  • Adult
  • Awareness
  • Choice Behavior*
  • Coercion
  • Comprehension
  • Crime / legislation & jurisprudence*
  • Crime / psychology*
  • Decision Making
  • Female
  • Humans
  • Informed Consent / legislation & jurisprudence*
  • Judicial Role*
  • Male
  • Mental Competency / legislation & jurisprudence
  • Mental Disorders / diagnosis
  • Mental Disorders / psychology
  • Mental Disorders / rehabilitation*
  • Middle Aged
  • Mood Disorders / psychology
  • Mood Disorders / rehabilitation
  • Motivation
  • Nevada
  • New York City
  • Prisoners / legislation & jurisprudence*
  • Prisoners / psychology*
  • Problem Solving*
  • Psychotic Disorders / diagnosis
  • Psychotic Disorders / psychology
  • Psychotic Disorders / rehabilitation
  • Referral and Consultation / legislation & jurisprudence
  • Schizophrenia / diagnosis
  • Schizophrenia / rehabilitation
  • United States
  • Young Adult