An Annotated Bibliography and Analysis of the Relationship between Mental Health and the Law
Part 1: Annotated Bibliography
Avalle, Diana S., et al., “How efficacious is Building Family Bridges? What the legal and mental health fields should know about Building Family Bridges and ‘parental alienation’” Journal of Family Trauma, Child Custody & Child Development, vol. 19, nos. 3-4, 2022, https://www-tandfonline-com.libproxy2.usc.edu/doi/full/10.1080/26904586.2022.2066595
Parental alienation is when a child exhibits a preference for one parent over the other. This topic has been debated across legal communities, specifically in discussions of child abuse and domestic violence in family court. The authors utilize multiple sources, predominantly from Richard Gardner, the developer of this theory. Parental Alienation Treatments, such as reunification programs, gives parents clear guidelines to provide a safe and comfortable environment for their children. These guidelines provide strength to this text because it suggests specific evidence-backed solutions.
Campbell, Rebecca. “The Community Response to Rape: Victim’s Experiences with the Legal, Medical and Mental Health Systems” American Journal of Community Psychology, vol. 26, no. 3, 1998, http://libproxy.usc.edu/login?url=https://www.proquest.com/scholarly-journals/community-response-rape-victims-experiences-with/docview/1295920752/se-2?accountid=14749
Rebecca Campbell’s research piece examines how American healthcare systems respond to victims of rape and their needs. Campbell assessed rape victim advocates on the resources made available to victims. The study examines how the legal, medical, and mental health systems tend to victims of rape and if these approaches are successful. Oftentimes, when women publicize their experiences, they are met with skepticism, shame, and embarrassment. Campbell pulls evidence from similar research and touch on all three major areas of healthcare that are especially important in rape cases. However, the researcher only spoke with advocates. This is a considerable weakness because the researchers did not consider accounts from the victims to determine whether the efforts were satisfactory.
Cohen, Inbar, Gal, Tali, and Enosh, Guy, “Two Roads Converge: The Interchange Between the Mental Health and Legal Discourses in Sexual Assault Trials” Social & Legal Studies, vol. 32, iss. 3, https://journals-sagepub-com.libproxy1.usc.edu/doi/full/10.1177/09646639221117388
Dennis, Andrea L. and Vinson, Sarah Y.“Systemic, Racial Justice-Informed Solutions to Shift ‘Care’ From the Criminal Legal System to the Mental Health Care System” Psychiatric Services, vol. 72, iss. 12, 01 Dec. 2021, https://ps-psychiatryonline-org.libproxy2.usc.edu/doi/10.1176/appi.ps.202000735
Dieleman, Crystal, “Mental health and criminal justice” YouTube, uploaded by TEDx Talks, 12 Jan. 2015,
Crystal Dieleman illustrates the societal perspective on the connection between mental health and violence. Around twenty percent of the population in Canada have mental health struggles and most are involved in the criminal justice system; though many have not committed a crime. Dieleman explains that mental illness is not a good predictor of violence; rather, the mentally are more vulnerable to violence, though no specific violent action is stated. A strength is Dieleman’s advice to the audience on how people can aid those with mental illness.
Drogin et al. “’Certainty’ and expert mental health opinions in legal proceedings” International Journal of Law and Psychiatry, vol. 35, iss. 5-6, 2012, https://www-sciencedirect-com.libproxy2.usc.edu/science/article/pii/S0160252712000659
Key witnesses are pivotal when deciphering if a defendant is guilty or innocent in criminal and civil proceedings. Mental health professionals ascertain the mental state of key witnesses when determining their credibility. A significant strength of this piece is the relevance of hypothetical questioning when determining the credibility of the key witness. Although hypothetical expert testimony is effective, there are some limitations as well. For instance, the hypothetical questions are chosen to prompt the witness to respond in a favorable manner.
Glover-Thomas, N., and Chima, S, “A legal “right” to mental health care? Impediments to a global vision of mental health care access” Nigerian Journal of Clinical Practice, vol. 18, iss. 7, Dec. 2015, https://go-gale-com.libproxy2.usc.edu/ps/i.do?p=HWRC&u=usocal_main&id=GALE%7CA437022539&v=2.1&it=r&aty=ip
Mental health law constructs a legal framework for discussion of appropriate detention and treatment for people with mental health struggles. The Human Rights Act in the UK had a significant impact on the expansion of mental health law. Negligence and failure to provide effective care can risk lives; moreover, the authors discuss making mental health care more accessible. A strength of this piece is the focus on the evolution and expansion of mental health care. However, a weakness is the verbiage that is used makes it somewhat perplexing.
Howell, Benjamin A. et al., “Health Insurance and Mental Health Treatment Use Among Adults With Criminal Legal Involvement After Medicaid Expansion” Psychiatric Services, vol. 74, iss. 10, 5 Apr. 2023, https://ps-psychiatryonline-org.libproxy2.usc.edu/doi/10.1176/appi.ps.20220171
It is common for many individuals with mental health issues to develop substance abuse issues. The Affordable Care Act expanded health insurance coverage among individuals with substance abuse or mental disorders, especially those with criminal involvement. Since 2022, a total of thirty-nine states have expanded Medicaid, but states varied in how they implemented it. This piece is organized well and is easy to digest. However, there are some sections that could be confusing to those that do not have experience analyzing research.
Kitafuna, Kabale Benon, “A Critical Overview of Mental Health- Related Beliefs, Services and Systems in Uganda and Recent Activist and Legal Challenges” Community Mental Health Journal, vol. 58, iss. 5, Jul. 2022, https://www.proquest.com/docview/2675083913?accountid=14749&parentSessionId=lEzFoYKl %2F0PH3sR%2Fy0x1PtUS%2FqrIUHb8P460LyLIC94%3D&pq-origsite=primo
Kremer, Reagan, “The Criminalization of the Mentally Ill” Youtube, uploaded by TEDx Talks, 15, Nov. 2021,
Reagan Kremer begins her speech by illustrating the criminalization of her brother, who was suddenly exhibiting key symptoms of mania. His paranoid and strange actions forced her family to call for help. When the police arrived, he was detained, chained to his bed, and left alone. Kramer expresses that her brother needed support and “we deinstitutionalized the mentally ill just to turn around and criminalize them.” Throughout her speech, she quotes others’ statements to support her claim. She suggests solutions, such as mobile crisis teams that can assess people’s mental states on site.
Millbourn, Bill, et al., “Can mental health legal representation and advocacy contribute to personal recovery?” Advances in Mental Health, vol. 16, no. 2, 2018, https://www-tandfonline-com.libproxy2.usc.edu/doi/full/10.1080/18387357.2018.1480397
Mental health legal advocacy is pivotal in diagnosing people with mental illness and promoting legal and social rights. The authors argue that Australian mental health law centers should consider using their influence for personal recovery and legal representation. Millbourn and his colleagues use sources such as the World Health Organization to support this claim. Advocacy from mental health centers increases the percentage of recovery, which is the primary goal for mental health professionals. The structure, clarity, and simplicity of this text is a significant strength; therefore, I do not feel that this piece has any significant weaknesses.
Miller, Barbara V., Fox, Barry R, and Garcia-Beckwith, Lloyd, “Intervening in severe physical child abuse cases: mental health, legal and social sciences” Child Abuse & Neglect, vol. 23, iss. 9, 1999, https://www-sciencedirect-com.libproxy1.usc.edu/science/article/pii/S0145213499000599
Researchers reviewed thirty cases of extremely abused children under five years old and recorded the demographics. They focused on the children’s mental and physical health and analyzed the legal action that was taken by Child Protective Services. This study is strong because it demonstrates clear guidelines to caring for children that are abused. One weakness in this text is that there are no verbal accounts from the children themselves due to them being too young to express their emotions and experiences.
9NEWS, “8 new laws focusing on mental health” YouTube, uploaded by 9NEWS, 24 May 2019,
9NEWS highlights and discusses eight new bills that were passed to support mental health care. Around twenty million dollars was allocated to aid accessibility and improvement to mental health services. Americans spend thousands of dollars for mental health services that are as important as physical health. This research is strong because participants in the interview highlight the positive effects of these laws. A weakness of this video is that it does not provide much background context before diving straight into the facts.
Owen, G.S., et al., “Advance decision-making in mental health – Suggestions for legal reform in England and Wales” International Journal of Law and Psychiatry, vol. 64, 2019, https://www-sciencedirect-com.libproxy2.usc.edu/science/article/pii/S0160252719300275
Pope, Leah G., et al., “Information sharing across mental health service providers and criminal legal system stakeholders: Perspectives of people with serious mental illnesses and their family members” Social Science & Medicine, vol. 307, 2022, https://www-sciencedirect-com.libproxy2.usc.edu/science/article/pii/S0277953622004841
Rhesus Medicine, “Mental Health Act Made Simple (Most Commonly Used Sections)” YouTube, uploaded by Rhesus Medicine, 22 Aug. 2022,
Rhesus Medicine discusses a law in the UK that covers detaining and assessing individuals with mental health issues. Individuals are held for twenty eight days, where mental health professionals assess and determine whether the individual is a threat to themselves or others. If they are deemed as a threat, this law allows facilities to detain people and administer treatment without consent. Although this video is concise for the most part, it fails to mention the controversial nature of administering treatment without consent.
The Infographics Show, “What Does it Mean to be Criminally Insane” YouTube, uploaded by The Infographics Show, 5 Sep. 2021,
The title of being criminally insane means that an individual has a mental illness that makes it impossible for them understand their wrongdoings or exhibit empathy. Being criminally insane is determined by the court and differs across states. For instance, house painter Richard Lawrence attempted to assassinate Andrew Jackson in 1835. He was pardoned, as the court found him to be criminally insane due to a constant exposure to chemicals that impaired his thoughts and judgment. This video does a fantastic job of explaining this concept, especially by providing visual representation.
Van der Velden, Peter G., et al., “The use of professional help and predictors of unmet needs for dealing with mental health to legal problems among victims of violence, accidents, theft and threat, and nonvictims in the general population” PLoS ONE, vol. 16, iss. 11, 17 Nov. 2021, https://go-gale-com.libproxy2.usc.edu/ps/i.do?p=HWRC&u=usocal_main&id=GALE%7CA682876759&v=2.1&it=r
Vitiello, Evan, Roskam, Kelly and Swanson, Jeffrey, “Balancing the Roles of Clinicians and Police in Separating Firearms from People in a Dangerous Mental Health Crisis: Legal Rules, Policy Tools, and Ethical Considerations” Journal of Law, Medicine & Ethics, vol. 51, no.1, 2023, https://www-cambridge-org.libproxy2.usc.edu/core/journals/journal-of-law-medicine-and- ethics/article/balancing-the-roles-of-clinicians-and-police-in-separating-firearms-from-people-in- a-dangerous-mental-health-crisis-legal-rules-policy-tools-and-ethical- considerations/3E52F0981BAA648B28DBD1476E8F766C
Woollett, N. et al. “Enrolling HIV-positive adolescents in mental health research: a case study reflecting on legal and ethical complexities” SAMJ South African Medical Journal, vol. 107, iss. 8, Aug. 2017, https://go-gale-com.libproxy2.usc.edu/ps/i.do?p=HWRC&u=usocal_main&id=GALE%7CA499863274&v=2.1&it=r
Part 2: Analysis
For Writing Project 2, I chose to focus on mental health and its interconnection with the law. I selected this as my research topic, because I am a Psychology major and I have always had a keen interest in observing how individuals operate and analyzing the mental processes behind their actions. After graduation I plan on attending law school and practicing law because it is my true passion. Therefore, I have decided to merge my two main areas of interest and conduct research on the close relationship between mental health and the law.
Prior to researching these texts, I had general knowledge of how mental health and the law are connected through my criminal law class. Through my exploration of the concept, I feel that the insanity defense is particularly compelling. There is no definitive method in assessing or determining whether a person is truly criminally insane or if the defendant is using it as a defense mechanism. In criminal cases, the prosecution typically carries the burden of proof to support their argument beyond a reasonable doubt. However, insanity defense cases differ because the defendant carries the burden of proof of demonstrating to the judge and jury that their mental illness made them incapable of recognizing their actions and that they are immoral.
A surprising historical discovery that I have made through my research is the criminally insane defenses on individuals who attempted to assassinate presidents in the past. Richard Lawrence attempted to assassinate Andrew Jackson and was determined to be criminally insane due to chronic chemical ingestion through his occupation. John Schrank shot Theodore Roosevelt and was deemed criminally insane when he declared that William McKinley had come to him in a dream and advised him to assassinate Roosevelt. Additionally, John Hinckley Jr. attempted to shoot Ronald Reagan and was discovered to be insane due to his unhealthy obsession with impressing actress Jodie Foster.
Another common theme I found when researching this topic is the importance of advocacy and accessibility of resources to people who live with mental illness. One specific source that stood out to me was Reagan Kremer’s TED Talk discussing her brother’s bipolar diagnosis and the horrifying events that led up to it. She described her brother as being consistently stable, until his behavior suddenly shifted: he began exhibiting paranoid and frenzied behavior that was later identified as mania. When her family was seeking support, they were met with intense confrontation from the police. Kremer’s vehement sentiments and advocacy for her brother is influential in promoting widespread mental health treatment.
Over the years, mental illness has been gradually becoming de-stigmatized in the American society. With the rise of social media and influence of pop culture, thousands of people have been vocal about their struggles with mental illness, including celebrities. For instance, Britney Spears has been candid about her mental health struggles over the years. Spears’s mental health has been discussed among the pop culture realm following her public meltdown in 2007, when she famously shaved her head. Spears’s honesty about her struggles with her bipolar disorder has humanized her and influenced people who are struggling to seek help. The normalization of mental illness and better accessibility to treatment has had a significant influence on decreasing the criminalization of the mentally ill.
After investigating multiple different topics relating to mental health and the law, I have narrowed my focus for Writing Project 3. I am interested in diving even deeper into the process behind criminally insane defenses. For this topic, I am considering writing a policy brief. I have never written a policy brief and feel that it would help me to successfully portray and discuss how this defense is determined among courts.
A second concept that I am interested in learning more about is advocacy for people who are mentally ill and how we can further help to destigmatize mental illness through support. I can discuss mental health advocacy through an informational essay or a multi-media analytical essay. I think this will best serve my communication needs so that I can elucidate my audience on the importance of advocating for those who cannot support themselves.
Mental illness is by no means one size fits all. Each person has different encounters when it comes to their mental illness. One person with schizophrenia may have unique experiences and needs than the next person. It is important to recognize that mental health is just as important as physical health and to constantly advocate for yourself and others.