Memorial Day Hours

Latest and Greatest – Texas Criminal Procedure and the Offender with Mental Illness: An Analysis and Guide

By Brian D. Shannon & Daniel H. Benson

NAMI Texas (2016)

KFT 1766.6 .S52 2016

First published as an educational tool, Texas Criminal Procedure and the Offender with Mental Illness: An Analysis and Guide informed those involved in the criminal justice system of the issues and obstacles faced by persons having a mental illness. Now in its fifth edition, this book, made possible through a grant from the Texas Bar Foundation, continues its mission of promoting justice for mentally-ill individuals by analyzing some of the key issues that arise in criminal cases. The authors devote much of the book to a general discussion of the standards and legislation concerning the competency to stand trial for both adult and juvenile defendants and in cases involving the death penalty. They also examine the insanity defense as it relates to both types of defendants while also looking at various proposals for reform. Lastly, the authors focus on post-conviction issues, such as community supervision, prison or jail mental health care, and completion of the criminal sentence. The book includes detailed and extensive analysis of the pertinent legislation as well as the actual text from the statutes.

Miranda Monday: Mirandizing Family Justice

Throughout the month of May, the Harris County Law Library is celebrating Law Day and the historic Miranda v. Arizona ruling of 1966. This decision, which established our right to remain silent when questioned by the police, is a cornerstone of our freedom and, for the last 50 years, an essential safeguard in guaranteeing procedural due process under the law.

Commemorating this decision and the fundamental rights it guarantees, including the protection against self-incrimination, is important. We at HCLL are committed to safeguarding justice and to reducing the barriers that impede equitable outcomes. We embrace all efforts that increase access to the legal system, especially for those in the greatest need, and we fully support any initiatives that improve expediency and fairness in the delivery of legal services. One such effort, which is slowly making a foothold in Texas, is the Family Justice Center initiative. (Bexar County, Hays County, and Tarrant County all have well-established FJC programs.)

Originating in San Diego, the Family Justice model was designed to increase efficiency and eliminate fragmentation in the delivery of legal services for victims of family violence. According to the program's design, combining governmental and community-based agencies under one roof allows for greater efficiency and better coordination of services, resulting in more effective intervention strategies for those in need of domestic relief.

At the same time, however, those who provide intervention services, including police, prosecutors, social workers, safety advocates, and medical personnel, are required to report any instances of violence, leading to a very problematic conflict of interest: the same duty that obligates these professionals to report abuse also grants them de facto authority to open criminal cases against the perpetrators, ostensibly in the best interests of their clients, but often in opposition with the confidentiality to which their clients are entitled.

A brilliant article by UC-Irvine law professor Jane K. Stoever explores this very conflict and raises the need for extending Miranda-like protections to those involved in the FJC system. Her article, "Mirandizing Family Justice," is worth a careful read. In academia, journalism, and politics, much has been written on the expansion of Miranda rights to civil matters.  As discussed in a previous Miranda Monday post, these protections are typically limited to criminal situations despite recent arguments in favor of the need for civil safeguards.