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Master Thesis

Les tribunaux de santé mentale américains, un exemple de programme de déjudiciarisation

Abstract : After World War two, the psychiatric system in asylum-like structures is deeply criticized. Health professionals, intellectuals and politicians are pushed by civil society to imagine a new mental health care system and at the end of the 1950’s the move fore deinstitutionalization begins. The asylums are closed and community mental care establishments are developed. The aim is to reinsert institutionalized patients in community. However, it seems that a certain category of patients is marginalized, and badly cared for. Those are the ones who suffered from severe mental illness. Indeed, changes in the political landscape and the lack of resources prevented an optimal development of the deinstitutionalization. Parallel to that, the United States enter a time of major restrictions: the population explodes in prison and the ones who suffer from mental disorders are over-represented. During the 1990’s, the government takes care of their situation and puts in place programs that aim to divert them from the judicial system to the care system. The Mental Health Courts (MHC) are a form of diversion based on the principle of therapeutic jurisprudence. This work presents a critical synthesis of this subject’s literature by investigating the studies of efficiency of these institutions. The limits of those specialized courts are then discussed and compared to other states which contributes to consider other alternatives. The MHC offer some promising leads but don’t embody a solution to the complex problems found in the interface between mental care and justice. They shouldn’t conceal neither other forms of upstream diversion (before arrest and before sentence) nor the central question of access in the domain health care for all.
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Master Thesis
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Gabrielle Guiresse. Les tribunaux de santé mentale américains, un exemple de programme de déjudiciarisation . Médecine humaine et pathologie. 2017. ⟨dumas-01674950⟩

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