Beyond the Therapeutic Imperative: Due Process Implications of Mental Health Courts.

The paper examines Mental Health Courts as part of the growing movement to utilize therapeutic leverage through courts to encourage aggressive outpatient treatment strategies for mentally ill persons. The paper critically evaluates the utilization of jail diversion and judicial oversight of mental health treatment to prevent incarceration of mentally ill offenders in the criminal justice system. The paper examines: (1) the rationale and controversies associated with problem-solving courts in general; (2)the role of therapeutic jurisprudence in mental health law; (3) the rationale and legislative intent for Mental Health Courts; (4) how Mental Health Courts operate; and (5) the unique due process considerations involved in Mental Health Courts. [ABSTRACT FROM AUTHOR]