Richard J. Bonnie
Harrison Foundation Professor of Medicine and Law Emeritus
Richard J. Bonnie is Harrison Foundation Professor of Medicine and Law Emeritus at the Law School, having retired from teaching in 2023. He formerly served as director of the Institute of Law, Psychiatry and Public Policy at the University of Virginia. Bonnie has co-authored leading textbooks on criminal law and public health law and has devoted special attention during his career to public policies relating to mental health and substance abuse. His first book, “The Marijuana Conviction: A History of Marijuana Prohibition in the United States” (1974) was republished in 1999 as a “drug policy classic.”
Bonnie has been involved in public service throughout his career. Among other positions, he has been associate director of the National Commission on Marihuana and Drug Abuse (1971-73) and secretary of the first National Advisory Council on Drug Abuse (1976-80). He chaired a Commission on Mental Health Law Reform at the request of the chief justice of Virginia (2006-11) and an Expert Advisory Panel on Mental Health Reform for the Virginia General Assembly (2016-19).
Bonnie was elected to the National Academy of Medicine in 1991 and has chaired more than a dozen studies for the National Academies on subjects ranging from elder mistreatment to underage drinking, including the landmark report, “Ending the Tobacco Problem: A Blueprint for the Nation” (2007). In 2017, he chaired a study on policies needed to address the opioid epidemic in the United States and in 2019, he chaired a study on using knowledge about adolescent development to advance the well-being of all adolescents regardless of social background.
Bonnie has served as an adviser to the American Psychiatric Association since 1979, received the APA’s Isaac Ray Award in 1998 for contributions to forensic psychiatry and special presidential commendations in 2003 and 2016 for service to American psychiatry. He has also served on three MacArthur Foundation research networks, including, most recently, Law and Neuroscience. He is also a consultant to the American Academy of Neurology’s Committee on Ethics, Law and Humanities.
Bonnie received the University of Virginia’s highest honor, the Thomas Jefferson Award, in 2007.
Works in Progress
Criminal Responsibility (with Lucy Guarnera) (2025).
Books
The Promise of Adolescence: Realizing Opportunity for All Youth (edited with Emily P. Backes), National Academies Press (2019).
Pain Management and the Opioid Epidemic: Balancing Societal and Individual Benefits and Risks of Prescription Opioid Use (edited with Morgan A. Ford, Jonathan K. Phillips & Margaret Foster Riley), National Academies Press (2017).
Essentials of Public Health Ethics (with Ruth Gaare Bernheim, James F. Childress & Alan L. Melnick), Jones & Bartlett (2015).
Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products (edited with Leslie Y. Kwan & Kathleen Stratton), National Academies Press (2015).
Public Health Law, Ethics, and Policy: Cases and Materials (with Ruth Gaare Bernheim), Foundation Press (2015).
Investing in the Health and Well Being of Young Adults (edited with Heather Breiner & Clare Stroud), National Academies Press (2014).
Reforming Juvenile Justice: A Developmental Approach (edited with Betty M. Chemers, Robert L. Johnson & Julia A. Schuck), National Research Council (2013).
Law Touched Our Hearts: A Generation Remembers Brown v. Board of Education (edited with Mildred W. Robinson), Vanderbilt University Press (2009).
Ending the Tobacco Problem: A Blueprint for the Nation (edited with Kathleen Stratton & Robert B. Wallace), National Academies Press (2007).
Reducing Underage Drinking: A Collective Responsibility (edited with Mary Ellen O’Connell), National Academies Press (2004).
Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America (edited with Robert B. Wallace), National Academy Press (2003).
Adjudicative Competence: The MacArthur Studies (with Steven K. Hoge et al.), Kluwer Academic/Plenum Publishers (2002).
The Evolution of Mental Health Law (edited with Lynda E. Frost), American Psychological Association (2001).
Reducing the Burden of Injury: Advancing Prevention and Treatment (edited with Carolyn E. Fulco & Catharyn T. Liverman), National Academy Press (1999).
The Marijuana Conviction: The History of Marijuana Prohibition in the United States (with Charles H. Whitebread), Lindesmith Center (Reprint ed. 1999).
Mental Disorder, Work Disability, and the Law (edited with John T. Monahan), University of Chicago Press (1997).
Pathways of Addiction: Opportunities in Drug Abuse Research, National Academy Press (1996).
Growing up Tobacco Free: Preventing Nicotine Addiction in Children and Youths (edited with Barbara S. Lynch), National Academy Press (1994).
The Effects of Alcoholic-Beverage Control Laws (with M. D. Greenberg & S. M. Matlins), Medicine in the Public Interest (1979).
Psychiatrists and the Legal Process: Diagnosis and Debate, Psychiatric Annals (1977).
Legal Aspects of Drug Dependence (edited with Michael R. Sonnenreich), CRC Press (1975).
The Marihuana Conviction: A History of Marihuana Prohibition in the United States (with Charles H. Whitebread), University Press of Virginia (1974).
Textbooks
A Case Study in the Insanity Defense: The Trial of John W. Hinckley, Jr. (with John C. Jeffries Jr. & Peter W. Low), Foundation Press (4 ed. 2021).
Public Health Law, Ethics, and Policy: Cases and Materials (with Ruth Gaare Bernheim & Dayna Bowen Matthew), Foundation Press (2 ed. 2021).
Criminal Law (with Anne M. Coughlin, John C. Jeffries Jr. & Peter W. Low), Foundation Press (4 ed. 2015).
Criminal Law (with Anne M. Coughlin, John C. Jeffries Jr. & Peter W. Low), Foundation Press (3 ed. 2010).
A Case Study in the Insanity Defense: The Trial of John W. Hinckley, Jr. (with John C. Jeffries Jr. & Peter W. Low), Foundation Press (3 ed. 2008).
Criminal Law (with Anne M. Coughlin, John C. Jeffries Jr. & Peter W. Low), Foundation Press (2 ed. 2004).
A Case Study in the Insanity Defense: The Trial of John W. Hinckley, Jr. (with John C. Jeffries Jr. & Peter W. Low), Foundation Press (2 ed. 2000).
Criminal Law (with Anne M. Coughlin, John C. Jeffries Jr. & Peter W. Low), Foundation Press (1 ed. 1997).
Criminal Law: Cases and Materials (with John C. Jeffries Jr. & Peter W. Low), Foundation Press (2 ed. 1986).
The Trial of John W. Hinckley, Jr.: A Case Study in the Insanity Defense (with John C. Jeffries Jr. & Peter W. Low), Foundation Press (1 ed. 1986).
Criminal Law: Cases and Materials (with John C. Jeffries Jr. & Peter W. Low), Foundation Press (1 ed. 1982).
Book Chapters
Ethics in Mental Health Care: A Public Health Perspective (with Heather Zelle), in The Oxford Handbook of Public Health Ethics, Oxford University Press, 205–218 (2019).
Fitness for Criminal Adjudication: The Emerging Significance of Decisional Competence in the United States, in Fitness to Plead: International and Comparative Perspectives, Oxford University Press, 175–205 (2018).
Foreword, in Oxford Textbook of Correctional Psychiatry, Oxford University Press, xi-xii (2015).
What I Learned When Massive Resistance Closed My School, in Law Touched Our Hearts: A Generation Remembers Brown v. Board of Education, Vanderbilt University Press, 135–142 (2009).
Ethics and the Practice of Public Health (with Ruth Gaaer Bernheim & Phillip Nieburg), in Law in Public Health Practice, Oxford University Press, 110–135 (2 ed. 2007).
In the Wake of Hendricks: The Treatment and Restraint of Sexually Dangerous Offenders Viewed from the Perspective of American Psychiatry (with Steven K. Hoge & Howard Zonana), in Protecting Society from Sexually Dangerous Offenders: Law, Justice, and Therapy, American Psychological Association, 131–145 (2003).
Ethics and the Practice of Public Health (with Ruth Gaare Bernheim & Phillip Nieburg), in Law in Public Health Practice, Oxford University Press, 43–62 (2002).
The Evolution of Mental Health Law: A Retrospective Assessment, in The Evolution of Mental Health Law: A Retrospective Assessment, American Psychological Association, 309–314 (2001).
Three Strands of Mental Health Law: Developmental Milestones, in The Evolution of Mental Health Law, American Psychological Association, 31–54 (2001).
Tobacco and Public Health Policy: A Youth-Centered Approach, in Smoking: Risk, Perception, and Policy, Sage Publications, 277–300 (2001).
Adjudicative Competence and Youthful Offenders (with Thomas Grisso), in Youth on Trial: A Developmental Perspective on Juvenile Justice, University of Chicago Press, 73–103 (2000).
Juvenile Justice on Appeal (with Lynda E. Frost), in The Changing Borders of Juvenile Justice: Transfer of Adolescents to the Criminal Court, University of Chicago Press, 181–206 (2000).
Epilogue (with John T. Monahan), in Mental Disorder, Work Disability, and the Law, University of Chicago Press, 299–301 (1997).
Work Disability and the Fabric of Mental Health Law: An Introduction, in Mental Disorder, Work Disability, and the Law, University of Chicago Press, 1–10 (1997).
When Push Comes to Shove: Aggressive Community Treatment and the Law (with Jessica Wilen Berg), in Coercion and Aggressive Community Treatment: A New Frontier in Mental Health Law, Plenum Press, 169–196 (1996).
Controlled Substances Act of 1970, in Encyclopedia of Drugs and Alcohol, Macmillan Reference USA, 319–320 (1995).
Legal Regulation of Drugs and Alcohol, in Encyclopedia of Drugs and Alcohol, Macmillan Reference USA, 636–639 (1995).
National Commission on Marihuana and Drug Abuse, in Encyclopedia of Drugs and Alcohol, Macmillan Reference USA, 709–710 (1995).
Paraphernalia, Laws Against, in Encyclopedia of Drugs and Alcohol, Macmillan Reference USA, 781–782 (1995).
Drug Regulation, in Encyclopedia of the American Constitution: Supplement I, Macmillan, 157–158 (1992).
Juvenile Homicide: A Study in Legal Ambivalence, in Juvenile Homicide, American Psychiatric Association Press (1989).
The Psychiatric Patient’s Right to Refuse Medication: A Survey of the Legal Issues, in Refusing Treatment in Mental Health Institutions: Values in Conflict, Aupha Press, 19–30 (1982).
Toward an Integrated Drug Abuse Prevention Policy: The Impact of Legal Restrictions and Controls, in Current Issues in Drug Abuse Prevention, National Institute on Drug Abuse (1982).
Regulation of Alcohol, Tobacco, and Other Drugs: The Agenda for Law Reform, in Problems of Drug Dependence 1980, National Institute on Drug Abuse, 272–286 (1981).
Discouraging Unhealthy Personal Choices Through Government Regulation: Some Thoughts about the Minimum Drinking Age, in Minimum-Drinking-Age Laws: An Evaluation, Lexington Books, 39–58 (1980).
A Guide to Policy Decisionmaking, in Marijuana: A Study of State Penalties and Policies, The Center, 53–106 (1977).
Law and the Discouragement of Unhealthy Personal Choices, in Summary Proceedings: Tripartite Conference on Prevention, US Government Printing Office, 38–46 (1977).
Marijuana: A Policymaking Framework, in Marijuana: A Study of State Penalties and Policies, The Center, 13–22 (1977).
The Legal Dimension, in Marijuana: A Study of State Penalties and Policies, The Center, 83–135 (1977).
Regulation of Human Experimentation: A Reappraisal of Informed Consent (with P. Browning Hoffman), in Human Experimentation, SMU Press, 52–79 (1976).
Proposed Uniform Drug Dependence Treatment and Rehabilitation Act and Commentary (with Michael R. Sonnenreich), in Drug Use in America: Problem in Perspective, The Final Report of the National Commission on Marihuana and Drug Abuse, US Government Print Office, 826–856 (1973).
Securing Police Compliance with Constitutional Limitations: The Exclusionary Rule and Other Devices (with Monrad G. Paulsen & Charles H. Whitebread), in Law and Order Reconsidered: Report of the Task Force on Law and Law Enforcement, US Government Print Office, 365–409 (1969).
Articles & Reviews
A medico-legal perspective on postictal violence: A case study and systematic review of postictal delirium (with Mark Quigg et al.), 205 Epilepsy Research 107398 (2024).
Adolescents in the Justice System: A Progress Report on the Restatement of Children and the Law, 91 University of Chicago Law Review 383 (2024).
Competence for Criminal Adjudication: Client Autonomy and the Significance of Decisional Competence, 20 Ohio State Journal of Criminal Law 231–267 (2023).
Severe Mental Illness and the Death Penalty: A Menu of Legislative Options, 29 Journal of Civil Rights and Social Justice 151 (2023).
The Legal Effect of a Record of Delinquency Adjudication on Firearm Access: A Typology of State Statutes and Policies (with Brett O. Gardner et al.), 55 Texas Tech Law Review 705–736 (2023).
An Expedited Regulatory Strategy For Expanding Access To Methadone Treatment For Opioid Use Disorder (with Bridget C. E. Dooling et al.), Health Affairs (2022).
Consent Issues in the Management of Acute Ischemic Stroke (with Justin A. Sattin et al.), 98 Neurology 73–79 (2022).
A New Commitment Pathway for Offenders With Serious Mental Illness: Expedited Diversion to Court-Ordered Treatment (with Steven K. Hoge), 72 Psychiatric Services 969–971 (2021).
Ethical Considerations in Dementia Diagnosis and Care: AAN Position Statement (with Winston Chiong et al.), 97 Neurology 80–89 (2021).
Expedited Diversion of Criminal Defendants to Court-Ordered Treatment (with Steven K. Hoge), 49 Journal of the American Academy of Psychiatry and the Law 517–525 (2021).
Commentary: Fulfilling the Promise of Adolescence: Realizing Opportunity for All Youth (with Margarita Alegria et al.), 65 Journal of Adolescent Health 440–442 (2019).
Pain Management and Opioid Regulation: Continuing Public Health Challenges (with J. David Clark, Aaron S. Kesselheim & Mark A. Schumacher), 109 American Journal of Public Health 31–34 (2019).
Resource Document on Risk-Based Gun Removal Laws (with Reena Kapoor et al.), 17 Focus 443–451 (2019).
An Interdisciplinary Response to Contemporary Concerns about Brain Death Determination (with James L. Bernat et al.), 90 Neurology 423–426 (2018).
APA Resource Document on Risk-Based Gun Removal Laws (with Elissa Benedek et al.), 37 Developments in Mental Health Law 6–16 (2018).
Combined Effects of Peer Presence, Social Cues, and Rewards on Cognitive Control in Adolescents (with et al), 60 Developmental Psychobiology 292–302 (2018).
Decoding Guilty Minds: How Jurors Attribute Knowledge and Guilt (with Matthew R. Ginther et al.), 71 Vanderbilt Law Review 241–283 (2018).
Do Patient Characteristics Moderate the Effect of Extended-Release Naltrexonebonnbon (XR-NTX) for Opioid Use Disorder? (with Tamara Y. Boney et al.), 61 Journal of Substance Abuse Treatment 61–65 (2018).
Extreme Risk Protection Orders - Effective Tools for Keeping Guns out of Dangerous Hands (with Jeffrey W. Swanson), 37 Developments in Mental Health Law 2–6 (2018).
Lawful Physician-Hastened Death: AAN Position Statement (with Robin A. Conwit et al.), 90 Neurology 420–422 (2018).
Personal Control over Decisions to Participate in Research by Persons with Histories of Both Substance Use Disorders and Criminal Justice Supervision (with et al.), 13 Journal of Empirical Research on Human Research Ethics 160–172 (2018).
Assessing Informed Consent in an Opioid Relapse Prevention Study with Adults under Current or Recent Criminal Justice Supervision (with Ashleigh A. Allen et al.), 81 Journal of Substance Abuse Treatment 66–72 (2017).
At Risk of Being Risky: The Relationship Between “Brain Age” under Emotional States and Risk Preference (with Kaitlyn Breiner et al.), 24 Developmental Cognitive Neuroscience 93–106 (2017).
Both Urgency and Balance Needed in Addressing Opioid Epidemic: A Report from the National Academies of Sciences, Engineering and Medicine (with J. David Clark & Aaron S. Kesselheim), 318 Journal of the American Medical Association 423–424 (2017).
Implementation and Effectiveness of Connecticut’s Risk-Based Gun Removal Law: Does it Prevent Suicides? (with Kelly Alanis-Hirsch et al.), 80 Law & Contemporary Problems 179–208 (2017).
Predicting the Knowledge-Recklessness Distinction in the Human Brain (with Woo-Young Ahn et al.), 114 Proceedings of the National Academy of Sciences 3222–3227 (2017).
Extended Release Naltrexone to Prevent Opioid Relapse in Criminal Justice Offenders (with Tamara Y. Boney et al.), 374 New England Journal of Medicine 1232–1242 (2016).
Mental Illness, Severe Emotional Distress, and the Death Penalty: Reflections on the Tragic Case of Joe Giarratano, 73 Washington & Lee Law Review 1445–1467 (2016).
Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment (with Matthew R. Ginther et al.), 36 Journal of Neuroscience 9420–9434 (2016).
Seeing Through the Smoke (with Bill Godshall), Issues in Science and Technology 19–21 (2016).
The Surprising Collapse of Marijuana Prohibition: What Now?, 50 UC Davis Law Review 573–593 (2016).
When Does a Juvenile Become an Adult? Implications for Law and Policy (with B.J. Casey, Alexandra O. Cohen & Kim A. Taylor-Thompson), 88 Temple Law Review 769–788 (2016).
When Is an Adolescent an Adult? Assessing Cognitive Control in Emotional and Nonemotional Contexts (with Kaitlyn Breiner et al.), 27 Psychological Science 549–562 (2016).
Young Adulthood as a Transitional Legal Category: Science, Social Change, and Justice Policy (with Elizabeth S. Scott & Laurence Steinberg), 85 Fordham Law Review 641–666 (2016).
Advance Directives for Mental Health Care: Innovation in Law, Policy, and Practice (with Kathleen Kemp & Heather Zelle), 66 Psychiatric Services 7 (2015).
American Psychiatric Association: Position Statement on Firearm Access, Acts of Violence and the Relationship to Mental Illness and Mental Health Services (with Paul S. Appelbaum et al.), 33 Behavioral Sciences & the Law 195–198 (2015).
Embedding Advance Directives in Routine Care for Persons With Serious Mental Illness: Implementation Challenges (with Kathleen Kemp & Heather Zelle), 66 Psychiatric Services 10–14 (2015).
Resource Document on Access to Firearms by People with Mental Disorders (with Paul S. Appelbaum et al.), 33 Behavioral Sciences & the Law 186–194 (2015).
The Constitutional Importance of Conforming to Accepted Professional Practice in Adjudicating Claims of Intellectual Disability in Capital Cases: A Comment on Hall v. Florida, 134 S. Ct. 1986 , Developments in Mental Health Law 9–14 (2015).
The Evolving Position of the American Psychiatric Association on Firearm Policy (1993-2014) (with Paul S. Appelbaum & Debra A. Pinals), 33 Behavioral Sciences & the Law 178–185 (2015).
The Impending Collision Between First Amendment Protection for Commercial Speech and the Public Health: The Case of Tobacco Control, 29 Journal of Law and Politics (2014).
The Language of Mens Rea (with Matthew R. Ginther et al.), 67 Vanderbilt Law Review 1327–1372 (2014).
Using Research Evidence to Reframe the Policy Debate around Mental Illness and Guns: Process and Recommendations (with Paul S. Appelbaum et al.), 104 American Journal of Public Health e22-e26 (2014).
A Survey of Stakeholder Knowledge, Experience, and Opinions of Advance Directives for Mental Health in Virginia (with Laura McLaughlin et al.), 40 Administration & Policy in Mental Health & Mental Health Services Research 232–239 (2013).
Abolition of the Insanity Defense Violates Due Process (with Stephen J. Morse), 41 Journal of the American Academy of Psychiatry and the Law 488–495 (2013).
Decisions to Initiate Involuntary Commitment: The Role of Intensive Community Services and Other Factors (with MaGuadalupe Leon-Verdin, Elizabeth Lloyd McGarvey & Tanya Nicole Wanchek), 64 Psychiatric Services 120–126 (2013).
The Teenage Brain: Adolescent Brain Research and the Law (with Elizabeth S. Scott), 22 Current Directions in Psychological Science 158–161 (2013).
Voting by Senior Citizens in Long Term Care Facilities (with Paul Freedman & Thomas M. Guterbock), 12 Election Law Journal 293–304 (2013).
Personalized Disclosure by Information on Demand: Attending to Patients’ Needs in the Informed Consent Process (with Paul S. Appelbaum & Gil Siegal), 40 Journal of Law, Medicine, & Ethics 359–367 (2012).
Use of Longer Periods of Temporary Detention to Reduce Mental Health Civil Commitments (with Tanya Nicole Wanchek), 63 Psychiatric Services 643–648 (2012).
A Systematic Examination of Smoke-Free Policies in Multiunit Dwellings in Virginia as Reported by Property Managers: Implications for Prevention (with Shelly L. Jackson), 26 American Journal of Health Promotion 37–44 (2011).
Interventions by Virginia’s Colleges to Respond to Student Mental Health Crises (with Susan M. Davis, Christopher Flynn & John T. Monahan), 62 Psychiatric Services 1439–1442 (2011).
Key Findings from the Virginia College Mental Health Survey, Developments in Mental Health Law 7–10 (2011).
The Effect of Community Mental Health Services on Hospitalization Rates in Virginia (with MaGuadalupe Leon-Verdin, Elizabeth Lloyd McGarvey & Tanya Nicole Wanchek), 62 Psychiatric Services 194–199 (2011).
Use of Advance Directives by People with Serious Mental Illness under Virginia’s Health Care Decisions Act: Implementation of a Major Public Health Reform: Project Overview: December 31, 2010, Developments in Mental Health Law 9–12 (2011).
Howard Zonana and the Transformation of Forensic Psychiatry, 38 Journal of the American Academy of Psychiatry and the Law 570–576 (2010).
Should a Personality Disorder Qualify as a Mental Disease in Insanity Adjudication?, 38 Journal of Law, Medicine, & Ethics 760–763 (2010).
The Virtues of Pragmatism in Drug Policy, 13 Journal of Health Care Law & Policy 7–30 (2010).
An Account of Collective Actions in Public Health (with Gil Siegal & Neomi Siegal), 99 American Journal of Public Health 1583–1587 (2009).
Mental Health System Transformation after the Virginia Tech Tragedy (with Phillip Hamilton, Elizabeth L. McGarvey & James S. Reinhard), 28 Health Affairs 793–804 (2009).
Responding to Requests from Adult Patients for Neuroenhancements: Guidance of the Ethics, Law and Humanities Committee (with Daniel Larriviere, Matt Rizzo & Michael A. WIlliams), 73 Neurology 1406–1412 (2009).
Substance Use, Symptom, and Employment Outcomes of Persons with a Workplace Mandate for Chemical Dependency Treatment (with Paul S. Appelbaum et al.), 60 Psychiatric Services 646–654 (2009).
Understanding and Applying Virginia’s New Statutory Civil Commitment Criteria (with Bruce J. Cohen & John T. Monahan), 28 Developments in Mental Health Law 127–139 (2009).
Legal Authority to Preserve Organs in Cases of Uncontrolled Cardiac Death: Preserving Family Choice (with Kelly K. Dineen & Stephanie Wright), 36 Journal of Law, Medicine, & Ethics 741–749 (2008).
Identifying the Barriers and Challenges to Voting by Residents of Nursing Homes and Assisted Living Settings (with Paul S. Appelbaum & Jason H. Karlawish), 20 Journal of Aging & Social Policy 65–79 (2007).
Panetti v. Quarterman: Mental Illness, the Death Penalty, and Human Dignity, 5 Ohio State Journal of Criminal Law 257–283 (2007).
The Challenge of Implementing Atkins v. Virginia: How Legislatures and Courts Can Promote Accurate Assessments and Adjudications of Mental Retardation in Death Penalty Cases (with Katherine Gustafson), 41 University of Richmond Law Review 811–860 (2007).
Voting by Elderly Persons with Cognitive Impairment: Lessons from Other Democratic Nations (with Jason H. Karlawish), 38 McGeorge Law Review 879–916 (2007).
Closing the Organ Gap: A Reciprocity-Based Social Contract Approach (with Gil Siegal), 34 Journal of Law, Medicine, & Ethics 415–423 (2006).
Judicially Mandated Naltrexone Use by Criminal Offenders: A Legal Analysis, 31 Journal of Substance Abuse Treatment 121–127 (2006).
Policy Statement on Voting by Individuals with Dementia Residing in Long-Term Care Facilities (with Paul S. Appelbaum et al.), 2 Alzheimer’s & Dementia 243–245 (2006).
Reforming Civil Commitment: Serving Consumers’ Needs While Protecting Their Rights, 25 Developments in Mental Health Law 3–11 (2006).
Terminating Artificial Nutrition and Hydration in Persistent Vegetative State Patients: Current and Proposed State Laws (with Daniel Larriviere), 66 Neurology 1624–1628 (2006).
From Coercion to Contract: Reframing the Debate on Mandated Community Treatment for People with Mental Disorders (with John T. Monahan), 29 Law & Human Behavior 485–503 (2005).
Judicially Mandated Treatment with Naltrexone for Opiate-addicted Criminal Offenders, 13 Virginia Journal of Social Policy & the Law 64–88 (2005).
Mentally Ill Prisoners on Death Row: Unsolved Puzzles for Courts and Legislatures, 54 Catholic University Law Review 1169–1193 (2005).
The Capacity to Vote of Persons with Alzheimer’s Disease (with Paul S. Appelbaum & Jason H. Karlawish), 162 American Journal of Psychiatry 2094–2100 (2005).
License as Leverage: Mandating Treatment for Professionals (with John T. Monahan), 3 International Journal of Forensic Mental Health 131–138 (2004).
Reducing Underage Drinking: The Role of Law, 32 Journal of Law, Medicine, & Ethics 38–41 (2004).
The American Psychiatric Association’s Resource Document on Mental Retardation and Capital Sentencing: Implementing Atkins v. Virginia, 32 Journal of the American Academy of Psychiatry and the Law 304–308 (2004).
The American Psychiatric Association’s Resource Document on Mental Retardation and Capital Sentencing: Implementing Atkins v. Virginia, 32 Journal of the American Academy of Psychiatry and the Law 304–308 (2004).
Virginia Human Rights System: Foundation for Respect, 23 Developments in Mental Health Law 11–18 (2004).
Injury as a Field of Public Health: Achievements and Controversies (with Bernard Guyer), 30 Journal of Law, Medicine, & Ethics 267–280 (2002).
Political Abuse of Psychiatry in the Soviet Union and in China: Complexities and Controversies, 30 Journal of the American Academy of Psychiatry and the Law 136–144 (2002).
Public Health Ethics: Mapping the Terrain (with James E. Childress et al.), 30 Journal of Law, Medicine, & Ethics 170–178 (2002).
Responsibility for Addiction, 30 Journal of the American Academy of Psychiatry and the Law 405–413 (2002).
The Legal Framework for Shielding (with Ruth Gaare Bernheim & Suzanne E. Spaulding), 4 International Journal of Emergency Mental Health 259–263 (2002).
Addiction and Responsibility, 68 Social Research 813–834 (2001).
Mandated Community Treatment: Beyond Outpatient Commitment (with Paul S. Appelbaum et al.), 52 Psychiatric Services 1198–1205 (2001).
Resource Document on Mandatory Outpatient Treatment (with Renée L. Binder & Joan B. Gerbasi), 28 Journal of the American Academy of Psychiatry and the Law 127–144 (2000).
Unraveling Soviet Psychiatry (with Svetlana V. Polubinskaya), 10 Journal of Contemporary Legal Issues 279–298 (1999).
A Presidential Commission on Drug Policy: Instrument of Reform or Defender of the Status Quo?, 25 Contemporary Drug Problems 169–183 (1998).
Deciding About Death: Physician-Assisted Suicide and the Courts (with others), 61 The Pharos 2–7 (1998).
Deciding about Death: Physician-Assisted Suicide and the Courts—A Panel Discussion, 61 The Pharos 2–7 (1998).
Medical Ethics and Human Rights in Psychiatric Care, 18 Developments in Mental Health Law 29–38 (1998).
Psychometric Properties of the Macarthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA) (with John F. Edens et al.), 10 Psychological Assessment 435–443 (1998).
The Competence-Related Abilities of Women Criminal Defendants (with Marlene M. Eisenberg et al.), 26 Journal of the American Academy of Psychiatry and the Law 215–22 (1998).
The Network of Reformers: A Five-Year Collaboration (with S. Polubinskaya), Mental Health Reforms 9–10 (1998).
Research with Cognitively Impaired Subjects: Unfinished Business in the Regulation of Human Research, 54 Archives of General Psychiatry 105–111 (1997).
The MacArthur Adjudicative Competence Study: A Comparison of Criteria for Assessing the Competence of Criminal Defendants (with Marlene M. Eisenberg et al.), 25 Journal of the American Academy of Psychiatry and the Law 249–259 (1997).
The MacArthur Adjudicative Competence Study: Development and Validation of a Research Instrument (with Marlene M. Eisenberg et al.), 21 Law & Human Behavior 141–179 (1997).
The MacArthur Adjudicative Competence Study: Diagnosis, Psychopathology, and Competence-related Abilities (with Marlene M. Eisenberg et al.), 15 Behavioral Sciences & the Law 329–345 (1997).
Decision-Making in Criminal Defense: An Empirical Study of Insanity Pleas and the Impact of Doubted Client Competence (with Marlene M. Eisenberg et al.), 87 Journal of Criminal Law & Criminology 48–62 (1996).
Integrating Supply and Demand Reduction Strategies for Drug Abuse Prevention (with Mary Ann Pentz & Donald R. Shopland), 39 American Behavioral Scientist 897–910 (1996).
Mentally Ill and Non-Mentally Ill Defendants’ Abilities to Understand Information Relevant to Adjudication: A Preliminary Study (with Marlene M. Eisenberg et al.), 24 Bulletin of the American Academy of Psychiatry & the Law 187–197 (1996).
New Code of Ethics for Russian Psychiatrists (with Svetlana Polubinskaya), 117 Bulletin of Medical Ethics 13–19 (1996).
The Code of Professional Ethics of the Russian Society of Psychiatrists: Text and Commentary (with Svetlana V. Polubinskaya), 19 International Journal of Law & Psychiatry 143–172 (1996).
Excusing and Punishing in Criminal Adjudication: A Reality Check, 5 Cornell Journal of Law & Public Policy 1–17 (1995).
From the Institute of Medicine: Growing Up Tobacco Free (with Barbara S. Lynch & Paul R. Torrens), 273 JAMA 1326 (1995).
Legalization of Physician-Assisted Suicide in Oregon: Analysis and Assessment, II BioLaw S49-S63 (1995).
Legalization of Physician-Assisted Suicide in Oregon: Analysis and Assessment (with Courtney Campbell, John Fletcher & Carlos Gomez), 2 BioLaw 49–63 (1995).
Client Abilities to Assist Counsel and Make Decisions in Criminal Cases: Findings from Three Studies (with Steven K. Hoge, John T. Monahan & Norman Poythress), 18 Law & Human Behavior 427–435 (1994).
The Evolution of the 1992 Law of the Russian Federation on Psychiatric Care, 27 Journal of Russian & East European Psychology 69 (1994).
The Competence of Criminal Defendants: Beyond Dusky and Drope, 47 University of Miami Law Review 539–601 (1993).
America’s Drug Policy: Time for Another Commission?, 19 Contemporary Drug Problems 395–408 (1992).
Attorney-Client Decision-Making in Criminal Cases: Client Competence and Participation as Perceived by Their Attorneys (with Steven K. Hoge, John T. Monahan & Norman Poythress), 10 Behavioral Sciences & the Law 385–394 (1992).
Driving Performance and Automobile Accidents in Patients with Sleep Apnea (with Larry J. Findley & Michael P. Levinson), 13 Clinics in Chest Medicine 427–435 (1992).
The Competence of Criminal Defendants: A Theoretical Reformulation, 10 Behavioral Sciences & the Law 291–316 (1992).
Preserving Justice in Capital Cases While Streamlining the Process of Collateral Review, 23 University of Toledo Law Review 99–116 (1991).
Coercive Psychiatry and Human Rights: An Assessment of Recent Changes in the Soviet Union, 1 Criminal Law Forum 319–346 (1990).
Dilemmas in Administering the Death Penalty: Conscientious Abstention, Professional Ethics, and the Needs of the Legal System, 14 Law & Human Behavior 67–90 (1990).
Grounds for Professional Abstention in Capital Cases: A Reply to Brodsky, 14 Law & Human Behavior 99–102 (1990).
Medical Ethics and the Death Penalty, 20 Hastings Center Report 12–18 (1990).
Soviet Psychiatry and Human Rights: Reflections on the Report of the U.S. Delegation, 18 Law, Medicine, and Health Care 123–131 (1990).
The Competence of Criminal Defendants with Mental Retardation to Participate in Their Own Defense, 81 Journal of Criminal Law & Criminology 419–446 (1990).
Statutory Approaches to Limiting Psychiatrists’ Liability for Their Patients’ Violent Acts (with Paul S. Appelbaum, Loren H. Roth & Howard Zonana), 146 American Journal of Psychiatry 821–828 (1989).
Professional Liability and the Quality of Mental Health Care, 16 Law, Medicine, and Health Care 229–239 (1988).
The Dignity of the Condemned, 74 Virginia Law Review 1363–1391 (1988).
Debate: Should the Insanity Defense Be Abolished? (with Joel J Finer & Norval Morris), 1 Journal of Law & Health 117–140 (1986).
Regulating Conditions of Alcohol Availability: Possible Effects on Highway Safety, Supplement 10 Journal of Studies on Alcohol 129–143 (1985).
The Efficacy of Law as a Paternalistic Instrument, 33 Nebraska Symposium on Human Motivation 131–211 (1985).
Morality, Equality, and Expertise: Renegotiating the Relationship Between Psychiatry and the Criminal Law, 12 Bulletin of the American Academy of Psychiatry & the Law 5–20 (1984).
Psychiatrists and Capital Sentencing: Risks and Responsibilities in a Unique Legal Setting (with C. Robert Showalter), 12 Bulletin of the American Academy of Psychiatry & the Law 159–167 (1984).
Review of Caplan, The Insanity Defense and the Trial of John W. Hinckley, Jr (reviewing Lincoln Caplan, The Insanity Defense and the Trial of John W. Hinckley, Jr) 70 American Bar Association Journal 100–102 (1984).
The Moral Basis of the Insanity Defense, 69 American Bar Association Journal 194–197 (1983).
Guidelines for the Psychiatric Hospitalization of Minors: Clinical and Legal Considerations (with A. Stone), 139 American Journal of Psychiatry 971–975 (1982).
P. Browning Hoffman, M.D. (1937-1979), 5 International Journal of Law & Psychiatry 3–4 (1982).
Discouraging the Use of Alcohol, Tobacco, and Other Drugs: The Effects of Legal Controls and Restrictions, 2 Substance Abuse 145–184 (1981).
Participant in International Workshop on Aggression and Epilepsy, discussed in Special Report: The Nature of Aggression During Epileptic Seizures, 305 New England Journal of Medicine 711–716 (1981).
The Meaning of "Decriminalization": A Review of the Law, 10 Contemporary Drug Problems 277–289 (1981).
P. Browning Hoffman: The Legacy of an Idealist, 66 Virginia Law Review 397–403 (1980).
Psychiatry and the Death Penalty: Emerging Problems in Virginia, 66 Virginia Law Review 167–189 (1980).
The Role of Mental Health Professionals in the Criminal Process: The Case for Informed Speculation (with Christopher Slobogin), 66 Virginia Law Review 427–522 (1980).
The Spousal Homicide Syndrome (with Virginia Roddy & C. Robert Showalter), 3 International Journal of Law & Psychiatry 117–141 (1980).
The Spousal Homicide Syndrome: Legal Implications (with Virginia Roddy & C. Robert Showalter), 8 Bulletin of the American Academy of Psychiatry & the Law 431–444 (1980).
Discouraging Unhealthy Personal Choices: Reflections on New Directions in Substance Abuse Policy, 8 Journal of Drug Issues 199–219 (1978).
Decriminalizing the Marijuana User: A Drafter’s Guide, 11 Michigan Journal of Law Reform 3–50 (1977).
Medical Confidentiality—Who Protects the Victims, 40 The Pharos 24–29 (1977).
Laws and Morals (with Charles H. Whitebread) (reviewing John Kaplan, Marijuana—The New Prohibition) 172 Science Magazine 703–705 (1970).
The Forbidden Fruit and the Tree of Knowledge: An Inquiry into the Legal History of American Marijuana Prohibition (with Charles H. Whitebread), 56 Virginia Law Review 971–1203 (1970).
Reports & Datasets
StatementThe Family Smoking Prevention and Tobacco Control Act , US Government Print Office 32–37, 174 (2007).
StatementUnderage Drinking: Research and Recommendations , US Government Print Office 7–10, 34 (2003).
StatementElder Justice: Protecting Seniors from Abuse and Neglect , US Government Print Office 15–17; 28 (2002).
StatementNational Commission to Study the Causes of the Demand for Drugs in the United States , US Government Print Office 70–88 (1991).
CommentsImplementation of the Helsinki Accords: Soviet Psychiatric Practices , US Government Print Office 36–39 (1989).
Legal AspectsSymposium on Cocaine: Proceedings , New York State Division of Substance Abuse Services 13–22 (1982).
StatementThe Insanity Defense , US Government Print Office 255–282 (1982).
ADAMHA Conference on Prevention-- Looking to the Eighties : Proceedings, US Government Printing Office (1979).
Decriminalizing the Drug-User: A Comparative View, National Institute on Drug Abuse (1979).
StatementMarijuana Decriminalization , US Government Print Office 109–149 (1975).
StatementMarihuana Research and Legal Controls , US Government Print Office 134–166 (1974).
Op-Eds, Blogs, Shorter Works
Decisions With Patients and Families Regarding Aducanumab in Alzheimer Disease, With Recommendations for Consent: AAN Position Statement (with Winston Chiong, Benjamin David Tolchin & et. al.), 98 Neurology 154–159 (January 25, 2022).
Don’t Abolish the Insanity Defense (with Stephen J. Morse), The Hill (May 18, 2020).
Is There a Right to Delay Determination of Death by Neurologic Criteria? (with Ariane Lewis & Thaddeus Pope), 77 JAMA Neurology 1347–1348 (2020).
Insanity and the Supreme Court (with Stephen J. Morse), Wall Street Journal A17 (October 10, 2019).
Teens Are Leading Movements—It’s Time to Promote Policies That Reflect Youths’ Promise (with Joanna Lee Williams), The Hill (October 11, 2019).
Risk Warrants: A New Tool to Prevent Tragic Shootings (with Jeffrey W. Swanson), Richmond Times-Dispatch 13A (March 7, 2018).
Mental Illness, Diminished Responsibility, and the Death Penalty: A New Frontier, 42 Human Rights 21 (2017).
It’s Time to Transform Juvenile Justice in Virginia, Roanoke Times B7 (February 18, 2016).
Getting Serious about Reducing Suicide: More "How" and Less "Why" (with Paul S. Appelbaum & Jeffrey W. Swanson), 314 JAMA 2229–2230 (2015).
Don’t Arm People in a Mental Health Crisis (with Paul S. Appelbaum & Jeffrey W. Swanson), The Hill (June 13, 2013).
Advance Directives: A Tool for Reducing Coercion, 63 Psychiatric Services 411 (May, 2012).
Don’t Depend on Laws Alone, New York Times (June 17, 2010).
Health Care Law Ruling Ignores Settled Law, CNN.com (December 16, 2010).
Move Forward on Reform, Richmond Times-Dispatch A15 (December 10, 2008).
The Impact of Modern Neuroscience on Treatment of Parolees: Ethical Considerations in Using Pharmacology to Prevent Addiction Relapse (with Donna T. Chen & Charles P. O’Brien), Cerebrum (November, 2008).
Mandated Treatment in the Community for People with Mental Disorders (with John T. Monahan & Marvin S. Swartz), Health Affairs 28–38 (September, 2003).
Letter to the Editor on Tobacco Advertising and Freedom of Speech, 288 JAMA 1587 (2002).
Reforming United States Drug Control Policy: Three Suggestions, 68 Social Research 863–865 (2001).
Semyon Gluzman and the Unraveling of Soviet Psychiatry, 29 Journal of the American Academy of Psychiatry and the Law 327–329 (2001).
Model Ethical Code for Psychiatrists (with Svetlana V. Polubinskaya), Mental Health Reforms 5–7 (November, 1997).
Ferguson Spectacle Demeaned System, National Law Journal A23-A24 (March 13, 1995).
Lorena Bobbitt: "Moral Mistakes" and the Price of Justice, 14 Developments in Mental Health Law 20–23 (1994).
Time to Up the Ante in the War on Smoking (with Barbara S. Lynch), Issues in Science & Technology 33–37 (August, 1994).
New Currents in Mental Health Law, 13 Developments in Mental Health Law 1–3, 20 (1993).
Medical Ethics and the Death Penalty, 305 British Medical Journal 381–382 (1992).
Alcohol as a Field of Legal Study, 51 Journal of Studies on Alcohol 197–200 (1990).
Duty to Protect and Gun Control: Dr. Appelbaum and Associates Reply (with Paul S. Appelbaum, Loren H. Roth & Howard Zonana), 147 American Journal of Psychiatry 380 (1990).
Indiana Statute on the Duty to Protect: Dr. Appelbaum and Associates Reply (with Paul S. Appelbaum, Loren H. Roth & Howard Zonana), 147 American Journal of Psychiatry 536 (1990).
Interventions for Prenatal Misconduct, 10 Developments in Mental Health Law 21–22, 29 (1990).
Psychiatrists’ Involvement in Lawmaking Regarding the Duty to Protect (with Paul S. Appelbaum, Loren H. Roth & Howard Zonana), 147 American Journal of Psychiatry 127 (1990).
Soviet Psychiatry and Human Rights, Virginia Law School Report 6–12 (November, 1990).
Ask the Experts, Newsletter of the American Academy of Psychiatry & Law 100–101 (December, 1989).
Insanity and the Moral Wrong Test, 14 Newsletter of the American Academy of Psychiatry & Law 100–101 (1989).
Four Comments on United States v. Charters: A Fundamentally Flawed Opinion, 8 Developments in Mental Health Law 17–18 (1988).
Sleep Apnea and Auto Crashes: What Is the Doctor to Do? (with Larry J. Findley), 94 Chest 225–226 (1988).
Ask the Experts (with Jacques M. Quen), Newsletter of the American Academy of Psychiatry & Law 23–24 (September, 1987).
The Death Penalty: Dilemmas for Physicians and Society—A Panel Discussion (with Paul S. Appelbaum, Park Elliott Dietz & Oscar A., Thorup), The Pharos 23–27 (May, 1987).
Wrongfulness and the Insanity Defense, 12 Newsletter of the American Academy of Psychiatry & Law 23–24 (1987).
Mental Disability Law Crosses a New Frontier: A Review of Recent Developments, 6 Developments in Mental Health Law 21–23, 40 (1986).
Brown v. Board of Education: Righting an Unconstitutional Wrong, Virginia Law School Report 18–21 (February, 1985).
Compulsive Gambling and the Insanity Defense: United States v. Torniero and United States v. Lewellyn, Newsletter of the American Academy of Psychiatry & Law 5–8 (April, 1984).
Group Homes and Restrictive Covenants, 4 Developments in Mental Health Law 17–18, 24, 31 (1984).
Equality and Individualization in Criminal Punishment: Some Observations on the Current Crisis, Virginia Bar Association Journal 14–19 (February, 1983).
Concerning the Insanity Defense, Virginia Law School Report 13–16, 41 (August, 1982).
The Insanity Defense: Proposals for Reform, 2 Developments in Mental Health Law 21–22, 28 (1982).
A Survey of Pretrial Psychiatric Evaluations in Richmond, Virginia (with Douglas A. Hastings), 1 Developments in Mental Health Law 9–12 (1981).
Approaches to Legislating Reform, Virginia Law Weekly 1–4 (December 9, 1977).
Loosening the Laws on Marijuana, Washington Post A19 (January 24, 1976).
All Courses
Criminal Law
Germs, Guns, and Lead: Public Health Ethics and Law
Law & Ethics in Medical Practice
Mental Health Law
Legal and Moral Reasoning in Public Policy
Tobacco Policy
Aging and the Law
In the Media
(Historical Society of the DC Circuit)
(Virginia Lawyers Weekly)
Education
LL.B.
,
University of Virginia School of Law
,
1969
B.A.
,
Johns Hopkins University
,
1966
Expertise
- Psychiatry
- Criminal law
- Mental health
- Drug law
- Public health law
- Bioethics
- Human rights and psychiatry
- Death penalty
- Aging and the law
- Insanity and competency
Featured Scholarship
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Lucy Guarnera
Lack of criminal responsibility due to “legal insanity” is probably one of the most misunderstood concepts in the criminal legal system. Contrary to...
Detailed descriptions of violent postictal episodes are rare. We provide evidence from an index case and from a systematic review of violent postictal...
Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law, has often observed that the...