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Interface between mental subnormality and law--a review
Psychiatric Journal of the University of Ottawa : Revue De Psychiatrie De L'Universite D'Ottawa
|September 1, 1989
Summary
This review examines the legal and civil rights of individuals with mental subnormality in North America. It highlights key judicial and legislative decisions impacting their treatment and protection in society and institutions.
Area of Science:
- Law and Medicine
- Disability Rights
- Social Policy
Background:
- The historical definition and legal understanding of mental subnormality have evolved significantly.
- Societal attitudes towards individuals with mental subnormality have influenced legal frameworks and services.
- The North American context (USA and Canada) provides a focus for examining these developments.
Purpose of the Study:
- To review the intersection of mental subnormality and legal frameworks.
- To analyze civil and criminal issues affecting individuals with mental subnormality.
- To document key judicial and legislative decisions impacting the rights of the mentally subnormal.
Main Methods:
- Literature review of historical and contemporary legal and medical concepts.
- Analysis of civil and criminal law pertaining to mental subnormality.
- Examination of judicial and legislative precedents in the USA and Canada.
Main Results:
- Part I covers historical definitions, civil rights (education, marriage, treatment), and guardianship.
- Part II addresses criminal aspects, including competency, responsibility, and correctional care.
- Significant legal decisions have shaped the rights and services for the mentally subnormal.
Conclusions:
- Legal and societal frameworks for mental subnormality are dynamic and evolving.
- Ongoing revisions in services and new provisions are expected to protect the rights of the mentally subnormal.
- Judicial and legislative actions reflect changing societal attitudes towards vulnerable populations.