by Ginger
2. National Institute of Drug Courts, “Development and Implementation of Drug Court Systems,” Monograph Series 2 (Washington, DC: US Department of Justice, Office of Justice Programs, Drug Courts Program Office, 1999), www.ndci.org/sites/default/files/ndci/Mono2.Systems.pdf.
3. Bruce Winick, “An Agent of Change,” videos, parts 1, 2, and 3, YouTube, posted by Cuttingedgelaw.com, September 10, 2009, www.youtube.com/watch?v=EUmdh1uHFg4 (part 1), www.youtube.com/watch?v=-osg8X2 KPMY (part 2), https://www.youtube.com/watch?v=ZwZ0xdgF4Ng (part 3).
4. Ibid., part 3.
5. Ibid.
6. Suzanne M. Strong, Ramona Rantala, and Tracey Kyckelhahn, Census of Problem-Solving Courts, 2012, bulletin (Washington, DC: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2016), www.bjs.gov/content/pub/pdf/cpsc12.pdf.
7. Florida Statutes, Section 916.12, states: “A defendant is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against her or him.”
8. “A New Justice System for the Mentally Ill,” Frontline website, with link to “The New Asylums,” broadcast May 10, 2005, www.pbs.org/wgbh/pages/frontline/shows/asylums/special/courts.html.
9. Florida Grand Jury, Mental Health Investigation, interim report, Spring Term, November 9, 1994; Trevor Jensen, “Mental Health System Deplorable, Report Says; Grand Jury Suggests Closing Unit at State Hospital,” Sun-Sentinel, November 10, 1994.
10. Florida Grand Jury, Mental Health Investigation, 9.
11. Ibid., 137–40.
12. Bureau of Justice Statistics, Medical Problems of Inmates, 1997, NCJ 181644, January 2001, https://www.bjs.gov/content/pub/ascii/mpi97.txt.
13. Fox Butterfield, “Asylums Behind Bars: A Special Report; Prisons Replace Hospitals for the Nation’s Mentally Ill,” New York Times, March 5, 1998.
14. Ibid.
15. American Psychological Association, Action for Mental Health: Final Report of the Joint Commission on Mental Illness and Health (Boston: APA, 1961).
16. John F. Kennedy, “Special Message to Congress on Mental Illness and Mental Retardation, February 5, 1963,” American Presidency Project, www.presidency.ucsb.edu/ws/?pid=9546.
17. Risdon N. Slate, Jacqueline K. Buffington-Vollum, and W. Wesley Johnson, The Criminalization of Mental Illness: Crisis and Opportunity for the Justice System, 2nd ed. (Durham, NC: Carolina Academic Press, 2013), 38–41.
18. Butterfield, “Asylum Behind Bars.”
19. Ibid.
20. “Mental Health a System Priority,” Sun-Sentinel, June 11, 1993.
21. Sandra Jacobs, “Hospital Prepares for Battle in Crisis over Mental Health, Sun-Sentinel, April 30, 1991.
22. Maya Goldman, “Punishment for Prison Misconduct Is Sometimes Death” (New York: Human Rights Watch, May 4, 2017), www.hrw.org/news/2017/05/04/punishment-prison-misconduct-sometimes-death. See also Human Rights Watch, “Ill-Equipped: US Prisons and Offenders with Mental Illness” (New York: Human Rights Watch, 2003), www.hrw.org/sites/default/files/reports/usa1003.pdf.
Chapter 2: The Shackles Come Off
1. This legal directive was in recognition (1) that mental health resources in Broward County are scarce, (2) that the community-based system of care is highly fragmented, (3) that there is an overrepresentation of people with mental illness in the Broward jail, and (4) that untreated mental illness often leads to incarceration (see Mental Health Court Administrative Order VI-97-1-1A).
2. William A. Anthony, “Recovery from Mental Illness: The Guiding Vision of the Mental Health System in the 1990’s,” Psychological Rehabilitation Journal 16, no. 4 (1993): 11–23.
3. Vincent J. Felitti et al., “Relationship of Childhood Abuse and Household Dysfunction to Many of the Leading Causes of Death in Adults: The Adverse Childhood Experience (ACE) Study,” American Journal of Preventive Medicine 14, no. 4 (May 1998): 245–58, www.cdc.gov/violenceprevention/acestudy/about_ace.html.
4. Ibid.
5. Centers for Disease Control and Prevention, “Violence Prevention,” “About the CDC-Keiser ACE Study,” www.cdc.gov/violenceprevention/acestudy/about.html.
6. Ibid.
7. Ibid.
8. Centers for Disease Control and Prevention, “Child Abuse and Neglect: Consequences,” www.cdc.gov/violenceprevention/childmaltreatment/consequences.html.
9. Karen Dolan with Jodi L. Carr, “The Poor Get Prison: The Alarming Spread of the Criminalization of Poverty,” Institute for Policy Studies, May 18, 2015, www.ips-dc.org/the-poor-get-prison-the-alarming-spread-of-the-criminalization-of-poverty.
10. April Trotter and Margaret Noonan, “Medical Conditions, Mental Health Problems, Disabilities and Mortality Among Jail Inmates,” American Jail Association, May 3, 2016, www.usf.edu/cbcs/mhlp/tac/documents/cj-jj/cj/mental-health-problems-among-jail-inmates.pdf.
11. Ibid.
12. Julie Ajinkya, “The Top 5 Facts About Women in Our Criminal Justice System,” AmericanProgress.org, March 7, 2012, www.americanprogress.org/issues/women/news/2012/03/07/11219/the-top-5-facts-about-women-in-our-criminal-justice-system/. See also National Resource Center on Justice Involved Women, “Fact Sheet on Justice Involved Women in 2016: Victimization and Experiences of Trauma.” “A number of studies have found that about half (50%) of justice involved women report experiencing some kind of physical or sexual abuse in their lifetime, with some studies noted rates of trauma histories as high as 98%.”
13. Steven Gold, “Time Trauma and Transformation,” TEDxNSU, uploaded April 8, 2016, https://www.youtube.com/watch?v=X7jn1e8Nhzw.
14. David B. Wexler, “Therapeutic Jurisprudence: An Overview,” Thomas M. Cooley Law Review 17 (2000): 125.
15. See Florida Rules of Criminal Procedure, “Rule 3.213. Continuing Incompetency to Proceed, Except Incompetency to Proceed with Sentencing: Disposition,” 2017, http://floridarules.net/florida-rules-of-criminal-procedure/rule-3-213-continuing-incompetency-to-proceed-except-incompetency-to-proceed-with-sentencing-disposition/.
16. Florida Statutes, Section 916.12, (1) “Mental Competency to Proceed,” 2016.
17. Michael Braga, Anthony Cormier, and Leonora Lapeter Anton, “Definition of Insanity: Florida Spends Millions Making Sure the Mentally Ill Go to Court—and Gets Nothing for It,” Tampa Bay Times–Herald Tribune, December 18, 2015.
18. Ibid.
19. Human Rights Watch, “Callous and Cruel: Use of Force Against Inmates with Mental Disabilities in US Jails and Prisons” (New York: Human Rights Watch, May 12, 2015).
20. Florida Rules, “Rule 3.213 (a) Dismissal without Prejudice during Continuing Incompetency,” http://floridarules.net/florida-rules-of-criminal-procedure/rule-3-213-continuing-incompetency-to-proceed-except-incompetency-to-proceed-with-sentencing-disposition/.
21. National Suicide Prevention Lifeline, https://suicidepreventionlifeline.org.
22. Florida Policy Institute, “Florida’s Provision of Mental Health Services Ranks 49th out of 50 States,” February 16, 2016, www.fpi.institute/floridas-provision-of-mental-health-services-ranks-49th-out-of-50-states.
23. Ibid.
24. National Alliance on Mental Illness, “Mental Health by the Numbers,” 2013, www.nami.org/Learn-More/Mental-Health-By-the-Numbers.
25. T. R. Insel, “Assessing the Economic Costs of Serious Mental Illness,” American Journal of Psychiatry 165, no. 6 (2008): 663–65.
26. US Department of Health and Human Services, Mental Health: A Report of the Surgeon General (Rockville, MD: US Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services, National Institute of Mental Health, 1999), https://profiles.nlm.nih.gov/ps/access/NNBBHS.pdf.
Chapter 3: Punishing Loss
1. American College of Obstetricians and Gynecologists, Committee on Health C
are for Underserved Women, “Healthcare for Homeless Women,” Women Health Care Physicians, no. 576, October 2013.
2. J. L. Jasinski et al., The Experience of Violence in the Lives of Homeless Women: A Research Report (Orlando: University of Central Florida, 2005).
3. Joan Zorza, “Woman Battering: A Major Cause of Homelessness,” Clearinghouse Review 25 (1991): 421–27.
4. National Center on Family Homelessness, “The Characteristics and Needs of Families Experiencing Homelessness,” (Newton Center, MA: NCFH, 2008), http://files.eric.ed.gov/fulltext/ED535499.pdf.
5. T. P. Baggett et al., “The Unmet Health Care Needs of Homeless Adults: A National Study,” American Journal of Public Health 100, no. 7 (July 2010): 1326–33.
6. National Coalition for the Homeless, “Substance Abuse and Homelessness: Fact Sheet,” www.nationalhomeless.org/factsheets/addiction.pdf.
7. Substance Abuse and Mental Health Services Administration, “Current Statistics on the Prevalence and Characteristics of People Experiencing Homelessness in the United States,” July 2011, www.samhsa.gov/sites/default/files/programs_campaigns/homelessness_programs_resources/hrc-factsheet-current-statistics-prevalence-characteristics-homelessness.pdf.
8. On the use of the now-preferred term “justice-involved individual” instead of “criminal,” see Jazz Shaw, “White House Wants Colleges to Refer to Criminals as “Justice-Involved Individuals,” Hot Air, May 15, 2016, http://hotair.com/archives/2016/05/15/white-house-wants-colleges-to-refer-to-criminals-as-justice-involved-individuals/; Stephanie S. Covington and Barbara E. Bloom, Gendered Justice: Women in the Criminal Justice System (Durham, NC: Carolina Academic Press, 2003).
9. Ibid. See also National Resource on Justice Involved Women, “Fact Sheet on Justice Involved Women 2016,” http://cjinvolvedwomen.org/wp-content/uploads/2016/06/Fact-Sheet.pdf.
10. Becki Ney, Rachelle Ramirez, and Marilyn Van Dieten, eds., “Ten Truths That Matter When Working with Justice Involved Women,” National Resource Center on Justice Involved Women, April, 2012.
11. National Alliance on Mental Illness, “Jailing People with Mental Illness,” www.nami.org/Learn-More/Public-Policy/Jailing-People-with-Mental-Illness.
12. See National Resource Center on Justice Involved Women, “Fact Sheet on Justice Involved Women in 2016,” http://cjinvolvedwomen.org/wp-content/uploads/2016/06/Fact-Sheet.pdf.
13. Christine M. Sarteschi, “Mentally Ill Involved with the US Criminal Justice System: A Synthesis,” Sage Open (online journal), July 16, 2013, http://journals.sagepub.com/doi/pdf/10.1177/2158244013497029, writes, “A recent study by Greenberg and Rosenheck (2008) notes the prevalence of homelessness among people with SMI is very high (15.3%) and per the authors, was 7.5 to 11.3 times higher than general population.”
14. Henry Fitzgerald Jr., “Court a Safety Net for Mentally Ill,” Sun-Sentinel, December 28, 1998.
15. Lenore E. Walker was the first forensic psychologist to introduce the concept of battered woman syndrome through expert forensic testimony, in the case of Ibn-Tamas v. United States, 407 A.2d 626 (D.C. 1979). On appeal from the trial court’s exclusion of her testimony, the DC Court of Appeals held that the trial court had erred and found that “Dr. Walker’s methodology leading to her theory of the Battered Woman Syndrome is generally accepted in the scientific community.” Shannon L. Lynch. Dana D. DeHart, Joanne Belknap, and Bonnie L. Green, Women’s Pathways to Jail: The Roles & Intersections of Serious Mental Illness & Trauma, September 2012, www.bja.gov/publications/womenspathwaystojail.pdf.
16. Sue Reisenger, “Legal Healing,” Miami Herald, March 26, 2000.
17. Ibid.
18. Ibid.
Chapter 4: The Raging Voice of Dignity
1. Michael L. Perlin, “Sanism and the Law,” American Medical Association Journal of Ethics 15 (October 2013).
2. Ginger Lerner-Wren, “Essays from the Bench—Problem-Solving Justice, Leading Cultural Change and the Restoration of Community,” unpublished manuscript, August 2011, in author’s collection (based on an interview with Broward County public defender Howard Finkelstein).
3. Ibid.
4. Penny Colman, Breaking the Chains: The Crusade of Dorothea Lynde Dix (New York: ASJA Press, 1992).
5. Ibid.
6. Ibid.
7. Dwight D. Eisenhower, “Special Message to the Congress Recommending a Health Program, January 6, 1956,” American Presidency Project, www.presidency.ucsb.edu/ws/index.php?pid=10605&st=&st1=.
8. Ibid.
9. Slate, Buffington-Vollum, and Johnson, Criminalization of Mental Illness, 38–42.
10. Ibid., 56–57. US Department of Health and Human Services, “Mental Health Myths and Facts,”: www.mentalhealth.gov/basics/myths-facts.
Chapter 5: Simple Dreams
1. Sanbourne v. Chiles, No.89–6283-CIV-NESBITT.
2. Albert Q. Maisel, “Bedlam 1946: Most of US Mental Hospitals Are a Shame and Disgrace,” Life, May 6, 1946, was an exposé based on two psychiatric state hospitals in Pennsylvania and Ohio. Maisel wrote, “Thousands spend their days—often for weeks at a stretch—locked in devices euphemistically called ‘restraints’: thick leather handcuffs, great canvas camisoles, ‘muffs,’ ‘mitts,’ wristlets, locks and straps and restraining sheets. Hundreds are confined in ‘lodges’—bare, bed-less rooms reeking with filth and feces—by day lit only through half-inch holes in steel-plated windows, by night merely black tombs in which the cries of the insane echo unheard from the peeling plaster of the walls.”
3. Gonzalez v. Martinez, 756 F. Supp. 1533 (S.D. Fla. 1991), Order on Defendant’s Motion for Summary Judgment, executed January 18, 1991, https://scholar.google.com/scholar_case?case=12352836658806527560&hl=en&as_sdt=6&as_vis=1&oi=scholarr.
4. Ibid., 2.
5. Ibid.
6. “Hospital Examiners Broke Down and Cried,” Palm Beach Post, October 6, 1988.
7. Gonzalez v. Martinez, Order on Defendant’s Motion for Summary Judgment.
8. Linda Kleindienst, “Mental Hospital to Close; Shutdown in 3 Years Gets Legislative OK,” Sun-Sentinel, May 28, 1993.
9. Public Law 88–164, “Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963.”
10. John F. Kennedy, “Special Message to Congress on Mental Illness and Mental Retardation, February 5, 1963,” American Presidency Project, www.presidency.ucsb.edu/ws/?pid=9546.
11. Ibid.
12. Ibid.
13. The Joint Commission on Mental Health was established in 1955 by the American Psychiatric Association and the American Medical Association. According to Howard R. Goldman and Gerald N. Grob, “Defining Mental Illness in Mental Health Policy,” Health Affairs 25, no. 3 (May 2006): 737–49, the commission “had a broad mandate” and ultimately focused its study on “medical, psychological, social cultural and other factors related to the cause of mental illness.” Per Goldman and Grob, the joint commission ultimately shifted its focus to include a more broad-based focus on the impact of mental health conditions. The final report, published in 1961, Action for Mental Health, advanced community-based mental health and laid the groundwork for President Kennedy’s national agenda for the Community Mental Health Act of 1963, which emphasized prevention and understanding mental health from a public health perspective. See American Psychological Association, Action for Mental Health.
14. Slate, Buffington-Vollum, and Johnson, Criminalization of Mental Illness, 37.
15. Ibid.
16. Ibid., 42.
17. Ibid.
18. Michael Winerip, “Bedlam on the Streets,” New York Times, May 23, 1999.
19. “Kuhn’s Big K Stores Plans Wal-Mart Ties,” New York Times, June 23, 1981.
20. Erin Martz and Will Newbill, “The Rehabilitation of a Hospital: The Transformation of a State Hospital,” International Journal of Psychosocial Rehabilitation 18, no. 2 (2014), www.psychosocial.com/IJPR_18/Rehab_of_a_hospital_Martz.html.
21. John S. Goldkamp and Cheryl Irons-Guynn, Emerg
ing Judicial Strategies for the Mentally Ill in the Criminal Caseload: Mental Health Courts in Fort Lauderdale, Seattle, San Bernardino, and Anchorage, report prepared for the US Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (Washington, DC: Department of Justice, April 2000), www.ncjrs.gov/pdffiles1/bja/182504.pdf.
22. Ronald D. Smothers, “Miami Tries Treatment, Not Jail in Drug Cases,” New York Times, February 19, 1993.
23. “US Department of Justice, Keynote Remarks of the Honorable Janet Reno, Attorney General, Working Luncheon for Consensus Meeting on Drug Treatment in the Criminal Justice System,” Omni Shoreham Hotel, Washington, DC, March 24, 1998, www.justice.gov/archive/ag/speeches/1998/0324_agond.htm.
24. Ibid.
25. Henry Fitzgerald Jr.,” $18 Million Awarded in Abuse Case,” Sun-Sentinel, April 4, 1998, articles.sun-sentinel.com/1998–04–04/news/9804040030_1_medical-care-mental-health-system-verdict.
Chapter 6: I Once Was Lost
1. Broward County Human Services Department, “Comprehensive Community Needs Assessment (Executive Summary),” Public Works LLC, US Census Bureau, American Community Survey, 2012 Data Release, December 2013, http://broward.org/Budget/Documents/NeedsAssesExecSummaryJune162014.pdf.
2. Numbers based on “Broward by the Numbers,” Broward.org, 2015; Jie Zong and Jeanne Batalova, “Caribbean Immigrants in the United States,” Metropolitan Policy Institute, September 14, 2016, www.migrationpolicy.org/article/caribbean-immigrants-united-states; National Institute of Mental Health, “Substance Use and Mental Health,” www.nimh.nih.gov/health/topics/substance-use-and-mental-health/index.shtml.