Voluntary, but knowing and intelligent: Comprehension in mental health courts.

Abstract

The number of mental health courts (MHCs) is steadily increasing. Although the courts are voluntary, it is unknown whether decisions to enter MHCs are made knowingly and intelligently. However, the ability to make these decisions is important given that MHCs are informal (and thus may lack built-in safeguards against constitutional violations) and given their rate of growth. Relevant research on other types of legal competencies suggests there may a substantial number of MHC participants who do not fully comprehend court processes and requirements. Furthermore, the level of comprehension at entry may predict future success or failure in the court. Thus, for both legal and practical reasons, the issue of MHC comprehension among its participants is critical.

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