The Law of Mental Illness
DEVELOPMENTS IN THE LAW THE LAW OF MENTAL ILLNESS “[D]oing time in prison is particularly difficult for prisoners with men- tal illness that impairs their thinking, emotional responses, and ability to cope. They have unique needs for special programs, facilities, and extensive and varied health services. Compared to other prisoners, moreover, prisoners with mental illness also are more likely to be ex- ploited and victimized by other inmates.” HUMAN RIGHTS WATCH, ILL-EQUIPPED: U.S. PRISONS AND OFFENDERS WITH MENTAL ILLNESS 2 (2003), available at http://www.hrw.org/reports/2003/usa1003/usa1003.pdf. “[I]ndividuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such indi- viduals to participate in, and contribute to, society . .” Americans with Disabilities Act of 1990, Pub. L. No. 101-336, § 2(a)(7), 104 Stat. 327, 329 (codified at 42 U.S.C. § 12101 (2000)). “We as a Nation have long neglected the mentally ill . .” Remarks [of President John F. Kennedy] on Proposed Measures To Combat Mental Illness and Mental Retardation, PUB. PAPERS 137, 138 (Feb. 5, 1963). “[H]umans are composed of more than flesh and bone . [M]ental health, just as much as physical health, is a mainstay of life.” Madrid v. Gomez, 889 F. Supp. 1146, 1261 (N.D. Cal.
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