Civil Commitment: A Therapeutic Jurisprudence Model

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Carolina Academic Press, Jan 1, 2005 - Law - 344 pages
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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
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About the author (2005)

Winick is Professor of Law at the University of Miami School of Law and co-founder of the school of social inquiry known as therapeutic jurisprudence.

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