Civil Commitment: A Therapeutic Jurisprudence Model
Through an understanding of the civil commitment of people with mental illness, this book offers a new model of commitment which strikes an appropriate balance between the protection of legal rights and the achievement of clinical needs. The model uses therapeutic jurisprudence to examine a variety of issues relating to civil commitment and proposes how legal practices may be restructured to increase the efficacy of hospitalization. It analyzes the key issues in civil commitment and makes concrete proposals concerning how commitment laws and their application can be restructured to bring about better therapeutic outcomes.The issues explored include the tension between coercion and autonomy; the standards for commitment, including both police power and parens patriae commitments; and the commitment hearing and the role of the judge, defense lawyer, and expert witnesses at the hearing. Topics such as the right to treatment and to refuse treatment; voluntary hospitalization and its application; advanced directive instruments for commitment; outpatient commitment and its alternatives; and how international human rights limitations on commitment should be construed are also covered.
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Toward A Therapeutic Jurisprudence Model
Organization of the Book
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ability accept advance directive instruments analyzing antitherapeutic applied assertive community treatment attorney behavior Bruce choice civil commitment hearing client clinical clinicians Code Ann coerced coercion coercive commitment criteria commitment process community treatment constitutional context criminal dangerous deprivation detention discussing due process effects facility hospitalization and treatment impairment incompetent individual individual's informed consent inpatient international human rights involuntary commitment involuntary hospitalization involuntary treatment judge liberty medical appropriateness ment Mental Disability mental disorder mental health court Mental Health Law mental health treatment mental hospitals mental illness mentally ill person mitment parens patriae parens patriae commitment physical harm pitalization Pol'y police power commitment preventive outpatient commitment principles procedural justice protect psychiatric hospital Psychol psychological psychotropic request for release result right to refuse schizophrenia seclusion or restraint sex offenders sexually violent predator Stat substantial supra Chapter supra note therapeutic jurisprudence model tion treat voluntary admission Winick Winterwerp