The Hidden Prejudice: Mental Disability on Trial

In ""The Hidden Prejudice"", Michael L. Perlin reveals a pattern of prejudice against mentally disabled individuals that keeps them from receiving equal treatment under the law. ""Sanism"", like racism, is a prejudice against a minority population. This mostly hidden prejudice against mentally ill people has pervaded Western culture throughout history and continues to affect our culture and legal system. Under the pretext of ""improving"" society, a judge, lawyer or fact-finder may rationalize turning a blind eye to faulty evidence and render a sanist decision. The pretext for this testimonial dishonesty is that the end result justifies the means. In cases involving the mentally disabled, these results are founded on the prejudicial belief that the mentally disabled are not responsible for or intelligent enough to deserve full rights of citizenship. Perlin argues that these sanist decisions, rationalized on ""pretextuality"", are much more common than most of us are likely to realize. This book first details the roots of sanism and pretextuality and how these two phenomena have distorted and corrupted mental disability law. The author then describes how therapeutic jurisprudence, or the healthful and helpful use of the law, can work toward ridding the system of the hidden prejudice of sanism and pretextuality. This book seeks to expand the thinking of forensic psychologists, legal professionals and mental health practitioners who work with the law or serve as expert witnesses in court.

Setting the Stage - Why Mental Disability is on Trial; On Sanism; On Pretextuality; Involuntary Civil Commitment Law; The Right to Treatment; The Right to Refuse Treatment; The Right to Sexual Interaction; The Americans with Disabilities Act; Competence to Plead Guilty/Competence to Waive Counsel; The Insanity Defence; The Federal Sentencing Guidelines; Therapeutic Jurisprudence; Unpacking Mental Disability Law.