Mental Health and the Law

Mental health issues can be really tough to deal with. Having to manage symptoms while also trying to navigate the legal system only makes things harder. This article talks about some key laws and legal defenses related to mental health, and tries to take an empathetic tone. My goal is to educate and spread awareness!

Involuntary Commitment Laws

If someone is an imminent danger to themselves or others due to a mental illness, they may be involuntarily committed to a psychiatric hospital or treatment center^[1]. This means being hospitalized against their will. Criteria for involuntary commitment varies by state, but usually involves:

• Having a mental illness
• Being a danger to self or others
• Being unable to care for basic needs

While involuntary commitment can prevent self-harm or violence, it also means losing civil liberties. It’s a controversial practice with pros and cons to consider^[2].

The Insanity Defense

The insanity defense is when defendants argue they should not be held criminally responsible for breaking the law because mental illness prevented them from knowing right from wrong or controlling their actions^[3]. Requirements for the insanity defense vary by state. But in general, defendants need to prove:

• They have a severe mental illness or disability
• The mental illness caused the criminal behavior
• They were unable to understand their actions were wrong or control them

The insanity defense is controversial, but can help avoid unfair punishment for actions outside a person’s control. It’s rarely used successfully^[4].

Disability Discrimination Laws

Laws like the Americans with Disabilities Act (ADA) protect people with mental illnesses from discrimination in areas like employment, housing, and access to government programs and services^[5]. These laws require:

• Reasonable accommodations in workplaces
• Changes to policies/practices that discriminate
• Equal access to housing and services

Anti-discrimination laws help combat stigma and ensure fair treatment. But enforcement can be challenging^[6].

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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2024-03-15

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Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Privacy Laws

Health privacy laws like HIPAA protect the confidentiality of medical records, including mental health info. These laws give people rights to:

• Access their own medical records
• Request corrections to records
• Restrict access and sharing of records

Privacy protections aim to encourage treatment seeking. But there are exceptions when safety is at risk.

Red Flag Gun Laws

Some states have “red flag” laws to prevent gun violence. These let courts temporarily remove firearms from those deemed dangerous to themselves or others. Red flag laws are controversial, with debates around:

• Public safety vs. gun rights
• Due process for the accused
• The role of mental illness in gun violence

But evidence shows red flag laws help reduce suicides.

Assisted Outpatient Treatment Laws

Assisted outpatient treatment (AOT) laws allow court-ordered outpatient treatment for people with severe mental illness. AOT involves:

• A court order for community-based treatment
• Case management
• Medication compliance

AOT aims to improve outcomes and prevent hospitalization. But it’s a deprivation of liberties that remains controversial.

Mental Health Courts

Mental health courts provide supervised, community-based treatment instead of jail time for eligible defendants with mental illnesses. Goals include:

• Reducing criminal recidivism
• Improving access to mental health services
• Increasing public safety

Mental health courts promote rehabilitation over punishment. But critics argue they are too lenient.

The Bottom Line

Laws relating to mental health aim to balance different priorities – public safety, civil liberties, gun rights, discrimination protections, and more. There are good-faith debates around many of these policies. But a common goal should be advocating for the dignity, rights, and wellbeing of those with mental health challenges. Change starts with each of us choosing our words carefully, educating ourselves on the issues, and promoting empathy and understanding in our communities.

References

1. [Involuntary Commitment and the Mental Health Care System](https://www.ncbi.nlm.nih.gov/books/NBK53869/)
2. [The Controversy Around Involuntary Commitment Laws](https://www.treatmentadvocacycenter.org/fixing-the-system/features-and-news/2596-the-controversy-around-involuntary-commitment-laws)
3. [Understanding the Insanity Defense](https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/insanitydefense/)
4. [Myths and Realities of the Insanity Defense](https://www.aafp.org/afp/2006/1015/p1487.html)
5. [A Guide to Disability Rights Laws](https://www.ada.gov/cguide.htm)
6. [Challenges to Employment Discrimination Laws](https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4816256/)
7. [HIPAA Privacy Rule: A Guide for Providers](https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/privacy-rule/index.html)
8. [HIPAA Privacy Rule: Sharing Mental Health Information](https://www.hhs.gov/hipaa/for-professionals/special-topics/mental-health/index.html)
9. [What Are Red Flag Laws?](https://psychiatry.org/patients-families/red-flag-laws-and-mental-illness-faq)
10. [The Debate Over Red Flag Laws](https://www.thetrace.org/2020/01/red-flag-laws-debate-mental-illness-due-process/)
11. [Do Red Flag Laws Help Prevent Gun Violence?](https://www.rand.org/research/gun-policy/analysis/red-flag-laws.html)
12. [Understanding Assisted Outpatient Treatment](https://www.treatmentadvocacycenter.org/component/content/article/183-in-a-crisis/1596-assisted-outpatient-treatment-laws)
13. [The Controversy Around Assisted Outpatient Treatment](https://www.treatmentadvocacycenter.org/fixing-the-system/features-and-news/2534-assisted-outpatient-treatment-controversy-continues)
14. [How Mental Health Courts Function](https://www.apa.org/monitor/mar01/jn)
15. [Criticisms of Mental Health Courts](https://ir.law.fsu.edu/articles/73/)