Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 531-545 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Pournajafi V A, Barghi M M, Motavallizadeh Naeini N, Kalantari A, Azizi A. An Analysis of the Legal Foundations of Mental Health Courts in the Common Law Legal System. MLJ 2026; 20 (61) :531-545
URL: http://ijmedicallaw.ir/article-1-1902-en.html
URL: http://ijmedicallaw.ir/article-1-1902-en.html
Vajiheh al-Sadat Pournajafi *1 
, Mohammad Mehdi Barghi1 , Nafiseh Motavallizadeh Naeini1 , Abbas Kalantari2 , Ali Azizi3
, Mohammad Mehdi Barghi1 , Nafiseh Motavallizadeh Naeini1 , Abbas Kalantari2 , Ali Azizi3
1- Department of Law, Faculty of Theology and Islamic Studies, Meybod University, Meybod, Iran.
2- Department of Jurisprudence and Law, Faculty of Theology and Islamic Studies, Meybod University, Meybod, Iran.
3- Judge of the Tehran Juvenile Court, Tehran, Iran.
2- Department of Jurisprudence and Law, Faculty of Theology and Islamic Studies, Meybod University, Meybod, Iran.
3- Judge of the Tehran Juvenile Court, Tehran, Iran.
Abstract:
Background and Aim: Over the past three decades, several common law jurisdictions have adopted therapeutic and rehabilitative programs in the form of mental health courts as an innovative approach to judicial adjudication. However, the legal foundations underlying the establishment and operation of these programs remain a matter of inquiry. Given the need to ensure justice for individuals with mental disorders who participate in such programs, examining the legal nature and foundations of mental health courts is of particular importance. This study aims to analyze the legal foundations of these programs, which operate either as specialized mental health courts or within traditional courts through innovative approaches to adjudicating and responding to offenses committed by individuals with mental disorders that do not meet the legal threshold of insanity.
Method: This study employs a descriptive research method and draws upon library-based data and documentary sources.
Ethical Considerations: Throughout the study, ethical principles and standards of academic integrity were observed.
Results: The findings indicate that mental health courts have emerged on the basis of rehabilitative and therapeutic approaches and problem-solving strategies, and are structured around the theoretical frameworks of Therapeutic Jurisprudence, restorative justice, and preventive law.
Conclusion: Overall, mental health courts in common law jurisdictions appear to be grounded primarily in the therapeutic orientation of law, complemented by practical experience developed through judicial practice. Furthermore, an examination of their legal foundations indicates that the adjudication of offenses committed by individuals falling within the jurisdiction of mental health courts has been designed and implemented, in part, on the basis of the "diminished responsibility" defense.
Please cite this article as:
Pournajafi VA, Barghi MM, Motavallizadeh Naeini N, Kalantari A, Azizi A. An Analysis of the Legal Foundations of Mental Health Courts in the Common Law Legal System. Medical Law Journal. 2026; 20: e35.
Method: This study employs a descriptive research method and draws upon library-based data and documentary sources.
Ethical Considerations: Throughout the study, ethical principles and standards of academic integrity were observed.
Results: The findings indicate that mental health courts have emerged on the basis of rehabilitative and therapeutic approaches and problem-solving strategies, and are structured around the theoretical frameworks of Therapeutic Jurisprudence, restorative justice, and preventive law.
Conclusion: Overall, mental health courts in common law jurisdictions appear to be grounded primarily in the therapeutic orientation of law, complemented by practical experience developed through judicial practice. Furthermore, an examination of their legal foundations indicates that the adjudication of offenses committed by individuals falling within the jurisdiction of mental health courts has been designed and implemented, in part, on the basis of the "diminished responsibility" defense.
Please cite this article as:
Pournajafi VA, Barghi MM, Motavallizadeh Naeini N, Kalantari A, Azizi A. An Analysis of the Legal Foundations of Mental Health Courts in the Common Law Legal System. Medical Law Journal. 2026; 20: e35.
Type of Study: Original Article |
Received: 2025/12/16 | Accepted: 2026/05/4
Received: 2025/12/16 | Accepted: 2026/05/4
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
