Trial by Treatment
Punishing Illness in an Age of Criminal Legal Reform

By (author) Mary Ellen Stitt

ISBN13: 9780226840420

Imprint: University of Chicago Press

Publisher: The University of Chicago Press

Format: Paperback / softback

Published: 20/05/2025

Availability: Not yet available

Description
A troubling account of the unexpected impacts of treatment-based alternatives to criminal punishment. Every year, courts send hundreds of thousands of people to treatment-based programs as alternatives to traditional punishment. These alternatives—known as ‘diversion programs’—are widely celebrated as reforms that reduce the punishment of the mentally ill. But in Trial by Treatment, Mary Ellen Stitt shows that they have, in fact, expanded the reach of the criminal legal system and its power over the lives of the most vulnerable. The inner workings of diversion programs are obscure, partially by design, and data on outcomes is hard to come by. Stitt draws on two years of fieldwork in criminal courtrooms and court-mandated treatment sessions, as well as an original national dataset, in-depth interviews, and experimental survey data, to document the hidden impacts of diversion. She shows that placing mental healthcare under the control of the courts has helped to legitimize the criminalization of illness, warped treatment environments, and amplified inequalities in punishment. In vivid and humanizing detail, Trial by Treatment shows how reforms that keep power and discretion in the same hands can entrench the very problems they promised to solve.
Introduction: Punishing Illness Part I: Legitimation Chapter One: Rescuing Legitimacy: Treatment-Based Reforms in the Criminal Legal System Chapter Two: Extending Control: Diversion and the Interventionist Courtroom Part II: Assimilation Chapter Three: Managing Risk: The Design of Mandated Care Chapter Four: Coercing Care: Therapist-Enforcers and Client-Defendants in the Therapeutic Space Part III: Obfuscation Chapter Five: Sorting People: Adjudication by Social Structure Chapter Six: Punishing Treatment: The Costs of Diversion Conclusion Acknowledgments Methodological Appendix A Methodological Appendix B Methodological Appendix C Notes Index
  • Jurisprudence & general issues
  • Penology & punishment
  • Mental health law
  • Professional & Vocational
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Weight:454.00
List Price: £24.00