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Published (as Chapter 4) in Robert F. Schopp, Richard L. Wiener, Brian H. Bornstein, and Steven L. Willborn. (eds.), Mental Disorder and Criminal Law: Responsibility, Punishment and Competence (NY: Springer, 2009), pp. 103–115; doi 10.1007/978-0-387-84845-7_5, Copyright © 2009 Springer Science+Business Media, LLC. Used by permission.


The second and third chapters in this section draw attention to circumstances in which concerns regarding the ability of the criminal justice process to achieve just outcomes intersect with concerns regarding the potential effects of that process on the psychological well-being of various participants. These chapters by Bruce Winick, Jodi Quas, and Bradley McAuliff can reasonably be understood as complimentary in the following sense. Winick’s chapter endorses a substantive legal standard and a proposed procedure for applying that standard that raises a series of questions regarding the manner in which that procedure, and the participants in that procedure, will be able to fulfill its goals. The chapter by Quas and Mc Auliff emphasizes the extensive body of empirical research addressing the effects of the criminal justice process on participating children in an attempt to promote the development of processes that will protect the well-being of those children while promoting just outcomes.

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