Volume 42, Issue 2

Many defendants in the criminal justice system have mental illness diagnoses, developmental disabilities, or a history of serious traumatic brain injuries (TBI), and many of them also have a co- occurring substance use disorder. For many of them, specific treatment to address those issues can prevent them from committing new criminal offenses and reduce the…

“John Doe,” an inveterate thief and shoplifter, was arrested and charged with terroristic threats after threatening the life of a grocery store employee who confronted him about stealing soda and chips at a local store. The police were called after Doe lunged at the store employee, screaming that he had a knife and was going…

Individuals with serious mental illnesses such as schizophrenia, bipolar disorder, and depression are overrepresented in the criminal justice system. This overrepresentation has become a growing concern nationally among mental health workers, corrections departments, lawyers, public policy makers, and human rights advocates. Although estimates vary widely, approximately 14 to 16% of people in the criminal justice…

[T]he public’s acceptance of the insanity defense rests upon confidence in a rational and responsible system to manage insanity acquittees. – Stuart B. Silver & Christiane Tellefsen More than a decade ago, Martin Smith walked into a Texas grocery store and began to violently stab the man standing in front of him in the checkout…

In 2003, Randy James Newcomb was arrested for first degree driving while impaired and for felony test refusal. Newcomb was sentenced to four years imprisonment, but the sentence was stayed for seven years. In 2007, Newcomb was arrested for violating his probation, was sent to jail, and was again released in 2009. Under Minnesota law,…

It is generally accepted that forensic disability clients experience discrimination and disadvantage when interacting with the criminal justice system (CJS) and, although overrepresented, are underserviced regarding access to necessary programs. The law can be a barrier to required programs and services upon contact with the court, within corrections and human services, and in the community…

The ongoing debate in the United States about the legality and use of medical marijuana (also known as medicinal cannabis) is intriguing. There are those who would like to prevent, control, or even outright ban the use of medical marijuana. On the other hand, there are those who advocate for the legalization of medical marijuana…

Fingerprint identification evidence has helped shape thousands of criminal cases in America. For over a century, the practice of “matching” a crime scene print to an inked suspect print, known as friction ridge analysis, has gained universal acceptance. Proponents of fingerprint identification make three crucial claims: (1) “every individual possesses a unique and permanent set…

The Bipartisan Budget Bill of 2013 contains an obscure provision—Section 203—titled Restriction on Access to the Death Master File, which was promoted as a safeguard against identity theft. The legislation, which blocks access for a number of years to vital records that have been publically available for decades, does little to achieve its goal. It…