Connecting Critical Race Theory with Second Generation Legal Consciousness Work in Obasogie's Blinded by Sight

Sociologist and legal scholar Osagie Obasogie's study of how blind people “see” race reveals the usually invisible, taken‐for‐granted mechanisms that reproduce racism. In Blinded by Sight, he distinguishes racial consciousness from legal consciousness, though he notes their common emphases on studying how cumulative social practices and interactions produce commonsense understandings. I argue that there is much to be gained from connecting these two fields, one emanating primarily out of critical race theory and the other out of law and society scholarship. Legal consciousness offers an important avenue for bridging macro studies of race making with micro studies such as Obasogie's, which focus on individuals’ experiences and practices of constructing race and learning racism.     

No fats,femmes, or Asians: the utility of critical race theory in examining the role of gay stock stories in the marginalization of gay Asian men

In the last few decades, proponents of critical race theory have uncovered everyday forms of injustice that continue to affect the lives of men and women of color by exposing the subtle forms of racism that exist in the stock stories told by the dominant group as well as the counterstories told by subaltern groups. However, rarely have we examined the stock stories articulated by subaltern groups to marginalize other subaltern groups. In this paper, I consider the stock stories told by gay White men and the counterstories expressed by gay Asian men to examine subtle forms of racism within the gay community. I argue that we need not only to reveal how the stories narrated by the dominant group continue to maintain social inequality, but that we also need to consider how subaltern groups help to maintain social inequality by adapting the language of the dominant group to use against other subaltern groups.     

Forensic psychiatric experiences,stigma, and self-concept: a mixed-methods study

This study used a mixed-methods approach to investigate stigma experiences and self-concepts of individuals with both mental illness and criminal histories. The full sample of participants completed self-report measures of self-concept related to mental illness, race, and criminal history, and a brief qualitative self-concept measure. A subsample of participants completed semi-structured interviews, which were analyzed for content domains. Analyses suggested that several aspects of self-concept related to responses on stigma measures. Participants who identified their own styles of acting, feeling, and thinking tended to exhibit less mental illness self-stigma. Qualitative interview findings suggested that the majority of participants described stigma experiences related to mental illness, race, and criminal history, and these stigmatized identities negatively influenced one another. Conclusions review how stigmatized identities can intersect in powerful ways for individuals with mental illness and histories of criminal offending, and discuss implications for future research and clinical practice.     

Race and Gender Recidivism Differences Among Juvenile Mental Health Court Graduates

Grounded in the theory of therapeutic jurisprudence, this research explores whether recidivism differs by race, ethnicity, or gender among juvenile mental health court graduates (N = 63). Mean number of pre‐program offenses were compared to the mean number of offenses committed by program completion. Results showed statistically significant reductions in recidivism by both males (p < .001) and females (p < .003). Racial and ethnic minorities demonstrated larger reductions when compared to Whites (p < .001 for Hispanics and p < .01 for combined ethnicities). These results contribute to the literature on effective intervention models for diverse juvenile offender populations.     

Of Eggshells and Thin-skulls: a consideration of racism-related mental illness impacting Black women

Recent research has indicated that the prevalence of mental disorders is estimated to be higher among Blacks than among Whites, most likely due to the nexus of race and socioeconomic disparity. Blacks are under-represented in in-patient populations and more likely than Whites to use the emergency rooms for mental health treatment. Numerous studies confirm that Blacks drop out of mental health services at a significantly higher rate than Whites and use fewer treatment sessions for mental health issues. Furthermore, Blacks enter mental health treatment at a later, more advanced stage than Whites, under-consume community mental health services of all kinds, are misdiagnosed more often than Whites, and are more often diagnosed with a severe mental illness than Whites. People from diverse ethnic backgrounds often are prevented from receiving adequate mental health treatment due to misdiagnoses and lack of access to the services they need. Factors contributing to this disparity include a general mistrust of medical health professionals, cultural barriers, co-occurring disorders, socioeconomic factors, and primary reliance on family and the religious community during times of distress. Unfortunately, the traditional institutions of racialized research largely ignore the disparate social and political exposures confronting people of color, such as residential and occupational segregation, racial profiling, tokenism, discrimination, racism, and the consequential physiological and psychological effects flowing from the macro and micro effects of such interactions and intersectionalities. This article explores these issues and proposes civil law legal frameworks for addressing these disparities. In particular, it is suggested that renewed consideration be made of the Thin-skull and Eggshell doctrines in the United States and comparable traditional international doctrine.     

Correctional Policy for Offenders with Mental Illness: Creating a New Paradigm for Recidivism Reduction

Offenders with mental illness have attracted substantial attention over the recent years, given their prevalence and poor outcomes. A number of interventions have been developed for this population (e.g., mental health courts). They share an emphasis on one dimension as the source of the problem: mental illness. Their focus on psychiatric services may poorly match the policy goal of reducing recidivism. In this article, we use research to evaluate (a) the effectiveness of current interventions, and (b) the larger viability of psychiatric, criminological, and social psychological models of the link between mental illness and criminal justice involvement. We integrate theory and research to offer a multidimensional conceptual framework that may guide further research and the development of efficient interventions that meaningfully reduce recidivism. We hypothesize that the effect of mental illness on criminal behavior reflects moderated mediation (i.e., the effect is direct in the case of one subgroup, but fully mediated in another); and that the effect of mental illness on other “recidivism” is partially mediated by system bias and stigma. We use this framework to propose three priorities for advancing research, articulating policy, and improving practice.     

Either or? Reconciling Findings on Mental Health and Extremism using a Dimensional Rather than Categorical Paradigm

The background for this paper is the debate over what role mental illness plays in radicalization to violent extremism. While one camp points to cases of abnormal functioning of perpetrators, another argues that normal psychological mechanisms are central. Through a review of these perspectives, it becomes clear that mental illness cannot be ruled out as an epi‐phenomenon, but is not a necessary condition either. The paper draws on work in psychiatric nosology on dimensional and categorical conceptions of illness and argues that the perspectives in this literature reflect a categorical approach to normal and abnormal functioning. Under a dimensional perspective, findings converge. The paper concludes by showing how this new dimensional approach to the role of mental illness in radicalization has implications for the design of risk assessment tools and leads to the recommendation for stronger inter‐agency cooperation between mental health professionals, social services, and police and intelligence services.     

Unveiling White logic in criminological research: an intertextual analysis

Critical race scholars have called into question the objective neutrality upon which much positivist social science rests, arguing that it discursively masks how whiteness underpins the normative purview of research design and findings. As the scholarly securing of whiteness takes shape through explicit and discursive mechanisms, this article examines how it is manifest in criminological research through an intertextual analysis of contemporary peer-reviewed scholarship. Examining 558 articles in five recognized journals, this paper documents how blind spots towards race and racial stratification surface in criminological research, arguing that most of the articles analyzed do not simply ignore White privilege; they actively uphold it. Findings suggest that they do so through two means: first by whitewashing race, that is, disregarding how race and racism can differentially affect acts and trends of crime and deviance, and secondly, by narrowly representing race as merely explanatory variable without querying the broader power relations it marks. After discussing how these patterns reveal and uphold whiteness as a normative value, we conclude with a discussion of preliminary steps aimed at exposing and unpacking how White logic informs the field.     

Law enforcement response to mental health crises: citizen risk factors and preferences for social policy*

Despite having the potential to affect cooperation and support for law enforcement, community preferences for police training are generally unstudied. This paper seeks to understand (1) general community preferences for police training for responding to mental health crises, (2) where the public prioritizes this mental health crisis training relative to racial bias training, and (3) whether these preferences vary depending on respondent demographics and risk factors for police contact. Survey data from a general sample of Portland, Oregon residents (N = 259) shows public support for police training on responding to mental health crises, but the public as a whole is split over whether mental health, or racial bias training, should be prioritized as the best use of police training time. Logistic regression analyses demonstrate three main findings regarding the impact of respondent characteristics on preferences for police training: (1) black respondents appear concerned that, by drawing attention to mental health crises, police will be more limited in their responses to racial bias; (2) respondents facing the greatest, and those with the least, amount of risk in police/citizen encounters are most supportive of mental health crisis training; and (3) mental illness itself does not appear to affect support for police mental health crisis training. These differences in support for training need to be understood before law enforcement can cultivate community support for police officers and their training practices.     

Mothers of Violent Children with Mental Illness: How They Perceive Barriers to Effective Help

The goal of the present study was to understand how mothers perceive and experience barriers to effective help for their violent child with mental illness. Data from ethnographic interviews with 26 self-identified mothers of violent children with mental illness were analyzed using grounded theory and focused coding. Our study identified three themes that represent barriers to help: (1) denial of mental illness and severity of violence by treatment providers, extended family, and non-family members; (2) limited access to quality treatment and supports; and (3) a recurring cycle from optimism to hopelessness. To inform policy makers and practitioners on how best to remove these barriers, we draw comparisons between the current sample and survivors of intimate partner violence. Our paper concludes with recommendations for mental health practitioners and family intervention specialists.     

Brief mental health screening of prison entrants: psychiatric history versus symptom screening for the prediction of in-prison outcomes

While prisoners are known to suffer very high rates of mental illness, evidence is often lacking to inform the development of effective approaches to prison mental health service provision, including the approach to mental health screening. In addition, research to date has been dominated by prevalence studies and little is known about the mental health needs of prisoners over time. A random sample of prison entrants was recruited from a large remand and reception prison in New South Wales, Australia (n = 707) for the completion of a brief health survey. A second survey was completed during the subsequent six months (n = 317) in order to examine the effect of timing of assessment on mental health status. Those followed up within three months (n = 182) were further included in an analysis of predictive validity comparing the performance at baseline of self-reported history of previous diagnosis versus current symptom screening for psychological distress, in predicting subsequent mental illness. When assessed over six months from prison entry, mental health status was found to vary by timing of assessment. At prison entry, self-reported history of previous diagnosis of a mental health disorder was found to be a better predictor of mental illness over three months than screening for psychological distress.     

Perceiving others as different: a discussion on the stigmatization of the mentally ill

This commentary on the stigmatization of people with mental illness explores social perceptions of them as dangerous and uncivilized. The authors discuss how the legal system suggests that these are people who should be ousted from the community while mental health professionals attempt to reiterate the fact that these individuals are simply human. The authors describe ways people with mental illness have been subjected to discrimination, ridicule, and humiliation. This commentary discusses multiple perspectives of mental illness, from past to present, and how those perspectives influenced social, legal, and psychological frameworks.     

Why we must end insurance discrimination against mental health care

In this Policy Essay, Representative Patrick Kennedy argues that insurance discrimination against those suffering from mental illness constitutes a serious and often overlooked deficiency of the modern American health care system. While the Mental Health Parity Act of 1996 was an important step toward resolutions of this issue, many loopholes remain that allow insurance companies to deny much-needed coverage to those suffering from such illnesses. This Essay details how improving access to health insurance for the mentally ill is not only socially beneficial, but also economically sound; the cost of instituting mental health parity is far outweighed by the costs that employers bear because of the reduced productivity of untreated mental illness sufferers. Representative Kennedy recommends that these problems may be addressed by additional mental health policy legislation--specifically, the proposed Paul Wellstone Act.     

Exonerees in Black and White: the influence of race on perceptions of those who falsely confessed to a crime

ABSTRACT

Black Americans account for 61% of those who have been released from prison through DNA exoneration. In the present study, we explored the influence of race on perceptions of wrongfully convicted individuals who have been exonerated. Participants (N?=?121) were randomly assigned to read a fictional newspaper article about a Black or White individual who was wrongfully convicted due to a false confession and then report their perceptions of the exoneree’s guilt, warmth, competence and aggression, how deserving the exoneree was of government assistance and the likelihood that once released, the exoneree would commit a crime resulting in his reimprisonment. Results indicated that a Black exoneree was perceived as more aggressive (but not less competent or warm), less deserving of assistance, and more likely to commit a crime post exoneration resulting in his reimprisonment than a White exoneree. We also explored whether there were differences in terms of race on perceptions of mental illness for those wrongfully convicted due to falsely confessing to a crime and found that participants perceived a White exoneree as more mentally ill than a Black exoneree. The implications for the post-incarceration experiences and challenges faced by Black exonerees relative to White exonerees are discussed.     

Addressing individual and community needs in the aftermath of campus sexual misconduct: restorative justice as a way forward in the re-entry process

ABSTRACT

Restorative justice is an approach to incidents of harm involving a high level of support and accountability for people who cause harm. To date, there is neither federal regulation nor commonly applied standard of care for re-entry to campus by a student who has been found responsible for sexual misconduct. Restorative justice re-entry circles represent a promising approach to the reintegration of students, taking into account the needs of the individual survivor, the student who violated policy, and the safety concerns of the campus community. Using a case study, this article outlines an example of a re-entry circle at a university in the United States and discusses the lessons learned with regard to concerns about the student’s mental health status, issues of race and racism on campus, and the role of a trauma-informed approach to circle practice in incidents involving a complex interplay of mental health, social status, and race on campus.     

Police officer perceptions of the impact of Crisis Intervention Team (CIT) programs

The Crisis Intervention Team (CIT) program is an approach for law enforcement officers to safely response to individuals who are experiencing a mental health crisis. Research must identify the components of CIT that are instrumental to the overall effectiveness of the program. For instance, recent studies report that CIT may have a transformative effect on officers' attitudes by increasing exposure to and familiarity with mental illness. This study explores this possibility further by examining 57 CIT officers' experiences with mental illness and attitudes about CIT. Specifically, we assessed how personal and professional exposure to mental illness associates with officers' perceptions about CIT generally, as well as with opinions about the officers' confidence in their abilities and the perceived effectiveness of the police department in responding to individuals in mental health crisis. Our findings indicate that CIT is rated very positively by officers. We found that officers' attitudes about the impact of CIT on improving overall safety, accessibility of services, officer skills and techniques, and the preparedness of officers to handle calls involving persons with mental illness are positively associated with officers' confidence in their abilities or with officers' perceptions of overall departmental effectiveness. There is further evidence that personal contact with individuals with mental illness affects the relationship between attitudes that CIT impacts overall safety and perceived departmental effectiveness. The results of this exploratory study underscore the importance of CIT officers' perceptions of key elements of CIT and the role of exposure to mental illness in examining program effectiveness.     

Juvenile Court Context and Detention Decisions: Reconsidering the Role of Race,Ethnicity, and Community Characteristics in Juvenile Court Processes

The relationship between race/ethnicity, community dynamics, and juvenile court processes has long been established. Prior research has relied on city‐ or county‐level measures of community characteristics (e.g., racial composition, poverty) to examine how racial groups are processed within juvenile courts. To date, no study has utilized finer scale measures of geographic areas to examine how characteristics of juveniles’ communities impact court decisions. By utilizing official juvenile court data from a city in the southwest, this study draws upon attribution theory to examine how economic and crime community‐level measures directly and indirectly influence detention outcomes. Findings reveal that the effect of race and ethnicity in detention outcomes varies across communities, and the effect of ethnicity in detention decisions is mediated by economic community‐level measures. The theoretical and policy implications of the study findings are discussed.     

Public Support for Punishment and Progressive Criminal Justice Policy Preferences: The Role of Symbolic Racism and Negative Racial Stereotype

Prior studies have found that symbolic racism and negative African-American stereotypes are linked to public preferences for punitive criminal justice policy. But prior studies have mostly focused attention on White respondents and have not adequately examined whether the effects of symbolic racism and negative African American stereotypes are the same across race and ethnicity. This study used the 2000 American National Election Study data to fill this gap in the empirical literature. The study found that the effects of symbolic racism were broad and generally impact Whites, African-Americans, and members of other races/ethnicities the same. The effects of negative African-American stereotype were more limited. This variable predicted punishment policy preference for members of other races/ethnicities and there were significant differences in how stereotypes impacted policy preferences across race and ethnicity. Implications for theory are discussed.     

The Right to Be Racist in College: Racist Speech,White Institutional Space,and the First Amendment

Throughout the post–civil rights era, colleges and universities across the United States have periodically experienced explicitly racist incidents on their campuses. From the hurling of racial slurs at students of color, to the hanging of nooses on campus, to students donning Ku Klux Klan outfits or throwing “ghetto” parties that caricaturize communities of color, these incidents challenge the notion that modern racism has changed to a more subtle form, referred to as color‐blind racism. We place these incidents within a broader context of race and institutions, suggesting a connection between overt racist expressions and the more covert elements of neoliberal color‐blind racism. Through a critical discourse analysis of news stories about these incidents, the website of the Foundation for Individual Rights in Education, and the controlling legal cases involving racist expression on campuses, we suggest that explicitly racist incidents operate in tandem with neoliberal educational policies and color‐blind racism to mark and reinscribe colleges and universities as white institutional spaces.     

Mental Health Problems among Prison Inmates: the Effect of Welfare Deficiencies,Drug Use and Self‐Efficacy

In this paper, we investigate the differential contribution of accumulated welfare deficiencies, drug use, and self‐efficacy on inmates' current symptoms of mental health problems. Few studies so far have investigated inmates' mental health based on empirical data covering both social and psychological predictors. Our analyses are aimed at the following research questions: (a) what is the relationship between welfare deficiencies, drug use, and symptom reporting among prison inmates? (b) is this relationship influenced by inmates' perceived self‐efficacy? and (c) how might this information be used to inform the discussion of challenges in prisoner re‐entry? Findings are based on a national survey among prison inmates in Norway, focusing on living conditions generally, as well as mental distress, drug use, and self‐efficacy. The findings indicate serious accumulation of disadvantage, and more welfare deficiencies among drug users and those suffering from mental distress. When it comes to prediction of mental distress, accumulation of welfare deficiencies and self‐efficacy both turned out as significant contributors. The findings are discussed both in terms of practical implications, and in terms of how they illustrate some of the shortcomings inherent in a traditional welfare research perspective.