Table of Contents – Civil Commitment: A Therapeutic Jurisprudence Model
Chapter 1: Toward A Therapeutic Jurisprudence Model for Civil Commitment
- The Consequences of Civil Commitment
- The Medical Model and the Legal Model of Civil Commitment
- A Therapeutic Jurisprudence Model of Civil Commitment
- Organization of the Book
- Conclusion
Chapter 2: Striking the Balance between Coercion and Autonomy: Therapeutic Jurisprudence Insights on Coercion and its Consequences and Application in the Civil Commitment Process
- Legal and Psychological Conceptions of Coercion A Therapeutic Jurisprudence Approach to Coercion
- Does Coercive Treatment Work?: The Relationship Between Treatment Outcome and Patient Perceptions of Coercion and Voluntariness
- The Perception of Coercion: What Makes People Feel Coerced Balancing the Positive and Negative Effects of Coercion
- Applying the Law Therapeutically in Coercive Context: Therapeutic Jurisprudence Prescriptions for Clinicians
- Conclusion
Chapter 3: Civil Commitment Criteria: An Overview
- General Considerations
- The Requirement of Mental Illness or Disability
- Police Power Commitment
- Parens Patriae Commitment
- The Medical Appropriateness Principle
- The Least Restrictive Alternative Principle
- Conclusion
Appendix:
- Table 1 – Current Civil Commitment Statutes for the 50 States and the District of Columbia
- Table 2 – Statutory Definitions of Mental Illness or Mental Disability for Civil Commitment
- Table 3 – Police Power Commitment Criteria
- Table 4 – Parens Patriae Commitment Criteria
- Table 5 – Statutory Language Contemplating that Commitment be Medically Appropriate
- Table 6 – The Least Restrictive Alternative Requirement for Involuntary Hospitalization
Chapter 4: The Limits of Parens Patriae Commitment: How Incompetency Should Be Defined and Applied
- The Constitutional Problem of Defining Parens Patriae Commitment Too Broadly
- The MacArthur Treatment Competent Study
- Therapeutic Jurisprudence Considerations
- How Incompetency Should Be Defined and Applied: A Proposed Presumption in Favor of Competency
- Conclusion
Chapter 5: The Outer Limits of Police Power Commitment: The Civil Commitment of Sex Offenders
- The Civil Commitment of Sex Offenders
- Supreme Court Consideration of Sexually Violent Predator Laws
- The Diminished Volitional Ability Requirement for Police Power Commitment
- The Mental Illness Requirement for Civil Commitment
- The Medical Appropriateness of Sex Offender Civil Commitment
- Conclusion
Chapter 6: Application of Civil Commitment Criteria: The Civil Commitment Hearing
Procedural Due Process and the Civil Commitment Hearing
- The Gap between Theory and Practice
- The Psychology of Procedural Justice and the Commitment Hearing
- The Psychological Effects of Coercion and Voluntary Choice
- Restructuring the Role of the Actors in the Commitment Process: How Lawyers, Judges, and Expert Witnesses Should Play Their Roles
- Conclusion
Appendix:
- Table 1 – Statutory Procedures for Civil Commitment Hearings of the 50 States and the District of Columbia
Chapter 7: Voluntary Hospitalization
- The Benefits of Voluntary Hospitalization
- Competence to Consent to Voluntary Admission and How It Should Be Defined and Ascertained
- How Voluntary Admission Should Work
- The “Voluntariness†Requirement for Voluntary Hospitalization and How Its Satisfaction Should be Assured
- Conclusion
Appendix:
- Table 1 – Statutory Criteria and Procedures for Voluntary Admission
- Table 2 – Informal and Non-protesting Admission
- Table 3 – Requests for Release and Possible Conversion to Involuntary Status
- Table 4 – Duration of Voluntary Hospitalization
Chapter 8: Rights Within the Institution and the Standards Governing Their Exercise or Waiver
- The Right to Treatment
- The Right to Refuse Treatment
- Rights to Communication and Visitation
- Rights Concerning Seclusion and Restraint
- The Right of Institutionalized Patients To Engage in Future Decision-Making Through Advance Directive Instruments
- Waiver of Rights within the Institution
- Conclusion
Appendix:
- Table 1 – Statutory Provisions Regarding the Right to Treatment
- Table 2 – Statutory Provisions Regarding the Right to Refuse Treatment
- Table 3 – Statutory Provisions Regarding Seclusion and Restraint
Chapter 9: Outpatient Commitment
- Two Pre-existing Models of Outpatient Commitment: Conditional Release and Least Restrictive Alternative (LRA) Outpatient Treatment
- Preventive Outpatient Commitment
- Balancing the Therapeutic and Antitherapeutic Consequences of Preventive Outpatient Commitment
- Alternatives to Preventive Outpatient Commitment: Enhanced Services and Outreach, Assertive Community Treatment, Mental Health Courts, and the Use of Advance Directive Instruments
- Applying the Law Therapeutically in Outpatient Commitment Cases
- Conclusion
Appendix:
- Table 1 – Statutory Provisions for Conditional Release
- Table 2 – Statutory Provisions for Preventive Outpatient Commitment
Chapter 10: International Human Rights Law Limitations on Civil Commitment
- Abuses in the Mental Health System in Eastern Europe
- Construing International Human Rights Law through the Lens of Therapeutic Jurisprudence: Resolving Vagueness in the European Convention for the Protection of Human Rights and Fundamental Freedoms
- The Factual Background of Winterwerp v. The Netherlands
- The Meaning of “Unsound Mind” as a Justifying Condition for Civil Commitment
- Procedural Requirements for Civil Commitment
- The Right to Appropriate Treatment
- Automatic Divestiture of Right to Administer Property upon Civil Commitment
- Conclusion: Applying International Human Rights Law Therapeutically to Remedy Abuses in the Mental Health System of Eastern Europe
