digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 2016 Infinity Goes on Trial: Sanism, Pretextuality, and the Representation of Defendants with Mental Disabilities Michael L. Perlin New York Law School,
[email protected] Follow this and additional works at: http://digitalcommons.nyls.edu/fac_articles_chapters Part of the Disability Law Commons, Jurisprudence Commons, Legal Ethics and Professional Responsibility Commons, and the Medical Jurisprudence Commons Recommended Citation 16 QUT L. Rev. 106 (2016) This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. QUT Law Review ISSN: Online- 2201-7275 Volume 16, Issue 3, pp. 106-126. DOI: 10.5204/qutlr.v16i3.689 "INFINITY GOES UP ON TRIAL": SANISM, PRETEXTUALITY, AND THE REPRESENTATION OF DEFENDANTS WITH MENTAL DISABILITIES MICHAEL L PERLIN* I INTRODUCTION I begin by sharing a bit about my past. Before I became a professor, I spent 13 years as a lawyer representing persons with mental disabilities, including three years in which my focus was primarily on such individuals charged with crime. In this role, when I was Deputy Public Defender in Mercer County (Trenton) NJ, I represented several hundred individuals at the maximum security hospital for the criminally insane in New Jersey, both in individual cases, and in a class action that implemented the then-recent US Supreme Court case of Jackson v Indiana,2 that had declared unconstitutional state policy that allowed for the indefinite commitment of pre-trial detainees in maximum security forensic facilities if it were unlikely he would regain his capacity to stand trial in the 'foreseeable future.' 3 I continued to represent this population for a decade in my later positions as Director of the NJ Division of Mental Health Advocacy and Special Counsel to the NJ Public Advocate.