Lawyering for the “Mad”: Social Organization and Legal Representation for Involuntary-Admission Cases in Poland

Doll, Agnieszka

doi:10.1007/978-3-319-41174-3_10

Cited by 3 publications

(3 citation statements)

References 3 publications

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“…The quality of legal representation has also faced scrutiny in New Zealand due to inadequate challenging of evidence and individuals' feeling that insufficient time was spent with a lawyer in advance of a hearing (Ng et al, ). In Poland, poor legal representation is linked to the mandatory appointment process and low remuneration of attorneys who are required to provide legal aid (Doll, ). Furthermore, a study found that solicitors in Ireland do not always act in the best interests of the individual (Smyth et al, ).…”

Section: Analysis and Resultsmentioning

confidence: 99%

Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature

Macgregor

Brown

Stavert

2019

Health Soc Care Community

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Mental health tribunals are responsible for making decisions about compulsory treatment for individuals considered a risk to themselves and others due to mental disorder. They are generally designed to provide safeguards for individuals subject to compulsory treatment by testing whether national legislative criteria and international human rights standards have been met. Despite this, they have been criticised for being dominated by the medical domain, focusing rigidly on legal criteria and for restricting human rights, including the rights to liberty and access to justice. As a result, questions have arisen over the extent to which mental health tribunals are indeed operating in line with their legislative intentions and international human rights requirements. The aim of this systematic review was to synthesise international evidence on this and to assess the extent to which this is reflected in such literature. A

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Section: Analysis and Resultsmentioning

confidence: 99%

Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature

Macgregor

Brown

Stavert

2019

Health Soc Care Community

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“…Taking the Ontario Review Board (the “ORB”) as a case-study, we collected and analysed the ORB dispositions, reasons, and associated supplementary material of twenty-six NCR files argued on appeal at the Ontario Court of Appeal in 2019 1 . Like the institutional ethnography practised in sociology (e.g., Smith 2005), social work (e.g., Herringer 1996), and critical health studies (e.g., Quinlan 2009), and, to a lesser extent, in sociolegal studies (Doll and Walby 2019; see e.g., Doll 2016; Smith 1988), we attend to the work done by texts within institutional processes (e.g., forensic hospital reports, past dispositions and reasons, transcripts of ORB hearings), looking past ruling narratives to account for how texts form part of and organize social action (Doll and Walby 2019). This paper focusses more narrowly on the contribution of legal citational practices across these documents—what we name “jurisdictional talk”—and how those citations participate in structuring the ORB’s analysis of risk.…”

Section: Introductionmentioning

confidence: 99%

Constructing Risk through Jurisdictional Talk: The Ontario Review Board Process under Part XX.1 of the Criminal Code

Shaw¹,

King²,

Kennedy³

2023

Can. j. law soc.

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The Ontario Review Board (ORB) makes and reviews dispositions that limit the freedoms of individuals found not criminally responsible (NCR) due to a “mental disorder.” Their dispositions must be responsive to the risk NCR individuals pose to the public. To assess how risk is measured, the authors studied twenty-six publicly accessible court files pertaining to the appeal of ORB dispositions. The authors studied hospital reports, the ORB’s dispositions, and transcripts of ORB hearings found in the court files. In this paper, the authors draw on institutional ethnography and critical legal theories of jurisdiction to analyze how certain citational practices—namely citation of closely related statutes and the ORB’s procedures—participate in structuring the ORB’s analysis of risk. The authors argue that risk becomes legible to participants in the NCR process through the intertextual mediation of these citations, which legitimize and naturalize the NCR individuals’ dependence on forensic institutions.

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“…Although IE has been predominately used by academics and practitioners in Canada and the United States (see Malachowski, Stasiulis and Skorobohacz 2017)-specifically in social work, health care (Ng, Bisaillon and Webster 2017), sociology (Smith 2006) and education (Griffith 2006)-in recent years IE has been attracting some socio-legal and criminal justice scholars. Notably, Marsden (2012) used IE to research migration law, Matulewicz (2015) to research workplace harassment, and Doll (2016Doll ( , 2017 to research mental health law. Cunliffe (2013) explored the production of court transcripts, Nichols (2018) investigated the regulation of youth, Walby (2005aWalby ( , 2005b researched surveillance practices, and Welsh and Rajah (2014) examined prison reintegration.…”

Section: Introductionmentioning

confidence: 99%

Institutional Ethnography as a Method of Inquiry for Criminal Justice and Socio-Legal Studies

Doll

Walby

2019

Int J for Crime, Justice & Social Democracy

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Institutional ethnography (IE) is a method of inquiry created by Canadian feminist sociologist Dorothy E. Smith to examine how sequences of texts coordinate forms of organisation. Here we explain how to use IE, and why scholars in criminal justice and socio-legal studies should use it in their research. We focus on IE’s analysis of texts and intertextual hierarchy, as well as Smith’s understanding of mapping as a methodological technique; the latter entails explaining how IE’s approach to mapping differs from other social science approaches. We also argue that IE’s terms and techniques can help examine the textual work undertaken in criminal justice and legal organisations, and reveal how people are governed and ruled by these organisational processes. In the discussion, we summarise how IE can productively contribute to criminal justice and socio-legal studies in the twenty-first century.

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Lawyering for the “Mad”: Social Organization and Legal Representation for Involuntary-Admission Cases in Poland

Cited by 3 publications

References 3 publications

Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature

Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature

Constructing Risk through Jurisdictional Talk: The Ontario Review Board Process under Part XX.1 of the Criminal Code

Institutional Ethnography as a Method of Inquiry for Criminal Justice and Socio-Legal Studies

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