Book Review: Cohen, F. (2008). The Mentally Disordered Inmate and the Law (2nd ed.). Kingston, NJ: Civic Research Institute

• Author: David DeMatteo
• DOI: 10.1177/0093854808320232
• Published date: 01 September 2008
• Date: 01 September 2008
• Subject Matter: Articles

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BOOK REVIEW

Cohen, F. (2008). The Mentally Disordered Inmate and the Law (2nd ed.). Kingston,

NJ: Civic Research Institute.

Criminal offenders with serious mental health disorders are inundating the correctional

system at an alarming rate, and the scope and complexity of legal issues that affect prison

inmates with serious mental health disorders have increased considerably in recent years.

As such, there is a palpable need for a comprehensive yet accessible explanation of the

legal issues that are directly relevant to the sizeable portion of prison inmates with serious

mental health disorders. The second edition of Fred Cohen’s The Mentally Disordered

Inmate and the Law (2008), published by Civic Research Institute, effectively fills this

need. This two-volume set, which is a revised and expanded version of the first edition,

published in 1998, provides comprehensive coverage of the rights of prison inmates with

mental disorders and the legal issues that most directly affect these inmates. And it does so

in a straightforward, accessible, and practical manner. In the 10 years between the publica-

tion of the first and second editions of this book, the laws affecting prison inmates with

mental disorders have changed considerably, and it should be no surprise to anyone famil-

iar with Cohen’s substantial body of impressive scholarship that he does a masterful job in

the second edition of keeping pace with the rapidly changing legal landscape.

The Mentally Disordered Inmate and the Law provides comprehensive coverage of a

wide range of legal issues that affect inmates with mental disorders, including several

issues that do not typically receive much attention in similar works. Volume 1 contains 15

chapters, with topics that include the right to treatment, intake screening and classification

requirements, substance abuse programs and rehabilitation, record-keeping requirements,

the effect of isolation on mental disability, use of bodily restraints, disciplinary proceedings

and mental illness, suicide, and pretrial detainees. Volume 2 contains an additional 6

chapters that cover offenders with mental retardation, transfer of inmates for treatment, the

Americans With Disabilities Act, alternatives to custodial treatment (diversion and after-

care), juveniles, and laws regarding sexually violent predators. In addition, Volume 2 con-

tains three appendixes: (a) “Significant Cases on Inmate Mental Health Care” (providing

extensive excerpts from 10 important cases regarding mental health care for prison

inmates), (b) “Residential Treatment Unit (RTU) for Ohio Department of Rehabilitation

and Correction” (providing the definition of the RTU and delineating the admission and

discharge criteria), and (c) “Dunn v. Voinovich Consent Decree” (Dunn is a leading case

from Ohio regarding deliberate indifference and systemic failure).

The book begins with three introductory or overview chapters that provide a solid

foundation for the remainder of the book. Chapter 1 defines the boundaries of the prob-

lem by identifying the substantive scope of the book. Among other roles, Chapter 1 sets

the stage for the remainder of the book by addressing several key issues, including the

definition of mental disorder, the distinction between a constitutional right and good

CRIMINAL JUSTICE AND BEHAVIOR, Vol. 35 No. 9, September 2008 1202-1204

DOI: 10.1177/0093854808320232

© 2008 International Association for Correctional and Forensic Psychology