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
