Enrollment in Mental Health Courts: Voluntariness,Knowingness, and Adjudicative Competence |
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Authors: | Allison D Redlich Steven Hoover Alicia Summers Henry J Steadman |
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Institution: | (1) Policy Research Associates, Delmar, NY, USA;(2) John Jay College of Criminal Justice, New York, NY, USA;(3) University of Nevada, Reno, Reno, NV, USA |
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Abstract: | Mental health courts (MHCs) are rapidly expanding as a form of diversion from jails and prisons for persons with mental illness
charged with crimes. Although intended to be voluntary, little is known about this aspect of the courts. We examined perceptions
of voluntariness, and levels of knowingness and legal competence among 200 newly enrolled clients of MHCs at two courts. Although
most clients claimed to have chosen to enroll, at the same time, most claimed not to have been told the court was voluntary
or told of the requirements prior to entering. The majority knew the “basics” of the courts, but fewer knew more nuanced information.
A minority also were found to have impairments in legal competence. Implications are discussed. |
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