Table of Contents (Civil Commitment..)

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