58 Howard L.J. 715 (2014-2015)
Reforming Mental Health Law to Protect Public Saftey and Help the Severely Mentally Ill

handle is hein.journals/howlj58 and id is 747 raw text is: 












  Reforming Mental Health Law to Protect

      Public Safety and Help the Severely

                           Mentally Ill




           DAVID   B. KOPEL* AND CLAYTON E. CRAMER**


INTRODUCTION               ................................. 716
    I.  DEFINING      THE   TERMS.....          ...............        719
    II. DATA AND STUDIES ON CRIME AND THE
        SERIOUSLY MENTALLY ILL                ..................       725
        A.  The  seriously mental  ill as crime victims ..........     726
        B.  Studies  of serious mental  illness and crime  .........   727
        C.  Incarceration  Data.................            ........   734
  III.  MASS MURDERS AND             PSYCHOSIS .....        ........  736
  IV.   LEGAL STANDARDS FOR DEPRIVATION OF
        THE   RIGHT TO KEEP AND BEAR ARMS ......... 740
        A.  What   is a commitment?.     ......................       741


    *  David B. Kopel is Research Director of the Independence Institute. He is also Adjunct
Professor of Advanced Constitutional Law, at Denver University, Sturm College of Law; and an
Associate Policy Analyst, with the Cato Institute, Washington, D.C. Kopel is the author of six-
teen books and one hundred scholarly journal articles, including the first law school textbook on
the Second Amendment: NICHOLAS J. JOHNSON ET AL., FIREARMS LAW AND THE SECOND
AMENDMENT:  REGULATION,  RIGHTS, AND  POLICY (2012). Kopel's website is http://
www.davekopel.org. Dr. Carolyn Dobbins conducted review of this paper, and offered many
insights for analysis and research. Dr. Dobbins is author of WHAT A LIFE CAN BE: A THERA-
PIST'S TAKE ON SCHIZO-AFFECTIVE DISORDER (Bridgeross Communications, 2011). Her articles
have been published in Current Psychological Research and Reviews, Journal of Applied Social
Psychology, and the Journal of Rheumatology. She received her Ph.D. in Psychology from Van-
derbilt in 1990. Her practice specializes in treating prisoners, substance abusers, and persons
with schizophrenia. The authors would like to thank to Justin Miller, University of Colorado
Law School class of 2016, for research assistance.
   **  Clayton E. Cramer is Adjunct Professor of History at the College of Western Idaho. His
work on mental health issues includes the 2012 book My Brother Ron: A Personal and Social
History of the Deinstitutionalization of the Mentally Ill, and the articles Madness, Deinstitutional-
ization & Murder, in 13 ENGAGE (March 2012) and Mental Illness and the Second Amendment,
46 CONN. L. REV. 1301 (2014). Cramer's website is http://www.claytoncramer.com. Cramer's
work has been cited in Justice Scalia's opinion in District of Columbia v. Heller, 554 U.S. 570,
588 (2008), in Justice Alito's opinion in McDonald v. Chicago, 561 U.S. 742, 773 n.21, 776 n.25,
781 (2010), and Justice Breyer's dissent in McDonald, at 932.

2015 Vol. 58 No. 3


715

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