ISSN:0735-3936    

DOI:10.1002/bsl.2370060102

出版商:John Wiley&Sons, Ltd.    

年代:1988

数据来源: WILEY

摘要:

AbstractMental disability law is among the most conflicted fields in American jurisprudence, whose essential adversarial structure has accentuated a natural degree of tension between the interests of the disabled and those of society at large, and created a largely needless division between legal rights and human needs. Practitioners in this field, whether lawyers or mental health services providers, exhibit the deleterious symptoms of this conflicted state of things which range from an indiscriminate hyperactivity to nearcatatonia. This overview of recent developments in commitment‐related litigation traces the persisting conflicts over admission criteria, outpatient treatment alternatives, conditional release, transfer procedures, remedies for inappropriate commitment, and the scope of confidentiality rights. It draws a picture of practitioners who continue to be at the mercy of the law's contradictory pushes and pulls. While a degree of conflict in mental disability law is inevitable, the article suggests that by focusing on the best particular interests of the disabled client, practitioners can do social good and avoid the damage that results when other interests are allowed to dominat

ISSN:0735-3936    

DOI:10.1002/bsl.2370060103

出版商:John Wiley&Sons, Ltd.    

年代:1988

数据来源: WILEY

摘要:

AbstractThis article presents a comprehensive review of empirical micro‐level research which has attempted to evaluate changes in civil commitment law in the United States. It groups studies by category of the general question they address: Who are being processed through civil commitment and who are being committed? How dangerous are civil commitment candidates on admission, in the hospital, and after release? To what extent are court officers adhering to procedural protections in form and in intent? To what extent have restrictive criteria influenced the behavior of medical professionals in processing individuals through civil commitment? and What happens to individuals after their civil commitment experience and their involuntary hospitalization? The article points to needed research and concludes by summarizing existing research from the perspective of finding a balance between civil liverty and benevolenc

ISSN:0735-3936    

DOI:10.1002/bsl.2370060104

出版商:John Wiley&Sons, Ltd.    

年代:1988

数据来源: WILEY

摘要:

AbstractMany jurisdictions across North America have revised their statutes pertaining to the criteria for civil commitment with the legislative intent to either increase or decrease the use of involuntary hospitalization. The impact of these revised statutes has been examined in many jurisdictions, but there has been no consensus regarding their effectiveness in changing the rates of involuntary admissions. The present article reviews the literature from a methodological perspective, comparing the differing analyses, results and interpretations. When the legislative revision has sought to expand medical prerogative, results indicate a sustained increase in civil commitments. When legislation has aimed at limiting medical discretion, there was an immediate decline in civil commitment rates, but a subsequent increase in the period following the initial post‐reform declines. These results are discussed in terms of readmission trends, deinstitutionalization, and the possible reaction of mental health professionals who perceive legislation as an unnecessary constraint in the treatment of the mentally il

ISSN:0735-3936    

DOI:10.1002/bsl.2370060105

出版商:John Wiley&Sons, Ltd.    

年代:1988

数据来源: WILEY

摘要:

AbstractThe rules governing the civil commitment of mentally ill persons result from complex legislative and judicial processes. In this article an economic approach to the evaluation of commitment laws is presented. A related economic model is applied to the process by which commitment rules are selected and changed.In the economic approach the benefits and costs of civil commitment are specified and analyzed to determine an optimal number of commitments. A graphical model is used to reinforce the conclusions. The distinction between private and social benefits and costs is used to derive the conclusion that some civil commitment is consistent with the economic principle of optimality. Failures in the political process are shown to generate a need for judicial intervention to correct for possible biases toward overcommitment and an inadequate quality of care. An alternative to the economic evaluation of commitment rules, based on the work of Rawls, is also presented.

ISSN:0735-3936    

DOI:10.1002/bsl.2370060106

出版商:John Wiley&Sons, Ltd.    

年代:1988

数据来源: WILEY

摘要:

AbstractThe roots of nineteenth‐century American civil commitment law lay in English common law, in particular poor law, with its mixed motives of helping lunatics and of protecting the community from them. As state institutions assumed an increasingly large share of the burden of restraint in the 1840s and 1850s, such confinement decisions became subject to greater public scrutiny. This can be seen particularly clearly in New York State, which in 1842 passed a law requiring that two physicians examine each alleged lunatic and report their findings to a judge who then made the final commitment decision. After the Civil War, a number of legal decisions limited the state's power to initiate civil commitments to cases of clear social danger, though families were not so confined. An 1874 statute further tightened procedural guidelines for civil commitments. A State Commissioner in Lunacy was appointed to oversee the internal workings of lunatic asylums. Yet such legal “reforms” failed to slow the increasing tendency of both families and communities to use such institutions as long‐term holding places for the socially marginal or thre

ISSN:0735-3936    

DOI:10.1002/bsl.2370060107

出版商:John Wiley&Sons, Ltd.    

年代:1988

数据来源: WILEY

摘要:

AbstractCivil commitment to outpatient psychiatric treatment has only recently become the subject of significant discussion, not only in the professional literature, but also in state legislatures and mental health departments. Task Forces from the American Psychiatric Association and the National Center for State Courts have drafted detailed reports on outpatient commitment, and a growing number of states have modified their statutes and regulations governing the process. The author presents the existing research literature on outpatient commitment in practice, reports recent statutory developments, and discusses specific areas of concern for those planning to propose or implement new procedures, including the right to refuse treatment, confidentiality, and the duty to warn or protect third parties.

ISSN:0735-3936    

DOI:10.1002/bsl.2370060108

出版商:John Wiley&Sons, Ltd.    

年代:1988

数据来源: WILEY

摘要:

AbstractLegal and nonlegal factors influencing the civil commitment recommendations of psychologists and psychiatrists separately and as a whole were investigated using an experimental design. One hundred and seventy‐six psychologists and psychiatrists made recommendations for or against commitment for a series of clinical vignettes wherein the five facets of commitment criterion, legal committability, clinical treatability, alternative resources and presence of psychosis were systematically varied. Results revealed that all facets contributed independently and in combination to the commitment decisions of participants as a whole. It was concluded that mental health professionals may utilize a variety of types of information, beyond the relevant legal criteria, in making actual decisions to initiate civil commitment

ISSN:0735-3936    

DOI:10.1002/bsl.2370060109

出版商:John Wiley&Sons, Ltd.    

年代:1988

数据来源: WILEY

摘要:

AbstractForty‐four inmates transferred to a state mental hospital from a maximum‐security prison and its adjacent trusty unit were compared with a randomly selected group of thirty‐seven inmates from the same prison. Transferred inmates were found over‐represented in terms of assignment to restrictive housing units, sentences of life or some form of life imprisonment, prior hospitalization in a state mental hospital, and conviction for murder. The two groups were not statistically different in terms of age, race, conduct, or prior incarcerations. Implications for planning psychological services in prisons are di

ISSN:0735-3936    

DOI:10.1002/bsl.2370060110

出版商:John Wiley&Sons, Ltd.    

年代:1988

数据来源: WILEY

摘要:

AbstractThe goal of this study was to describe the factors employed by clinicians in assessing treatability in offenders seeking statutory benefits of drug treatment. This goal was achieved by using descriptive principles from representative designs in the field of psychology to make explicit the decision rules or clinical policy of an Ohio forensic psychiatric center.

ISSN:0735-3936    

DOI:10.1002/bsl.2370060111

出版商:John Wiley&Sons, Ltd.    

年代:1988

数据来源: WILEY