Mental Health Law: Major Issues

ISBN-13: 9781468438291 / Angielski / Miękka / 2012 / 270 str.

David B. Wexler; David B. Wexler

Opis

THE CORE OF MENTAL HEALTH LAW A musty file in Arizona's Greenlee County Courthouse reveals that on January 22, 1912, shortly before Arizona became a state, a 19-year-old Mexican-American woman residing in Morenci was taken into custody and placed in the county jail by a deputy sheriff who, that same day, filed with the Greenlee County Probate Court the following commit ment petition: Have known girl about one year. Last summer-July or Aug. 19- commenced to act irrational. Has been under treatment of physicians past 4 months. They called me this A.M. and told me they were unable to treat her successfully-that she is crazy and I must arrest her. The proposed patient was apparently examined the next day by two physicians, who duly completed the required medical questionnaire. In addition to mentioning that the patient's physical health was good, that she was "cleanly" in her personal habits, that she did not use liquor, tobacco, or drugs, and that neither she nor any of her relatives had ever been mentally ill or hospitalized in the past, the doctors listed the follow ing information on those portions of the form devoted to mental illness and dangerousness: Dangerousness: No threats or attempts to commit suicide or murder. Is of a very happy temperament. Has a tendency to laugh and sing. Facts indicating insanity: She wanted to dance. Most of conversation was fairly rational."

Spis treści

1 Introduction: The Core of Mental Health Law.- One: The Commitment System.- A. Civil Commitment.- 2 Therapeutic Justice: An Overview and a Discussion of Civil Commitment Standards and Procedures.- 3 An Illustration of the Theoretical Relationship between Civil Commitment Standards and Procedures: The Standard of Proof Problem.- 4 The Administration of Psychiatric Justice: A Case Study.- B. Criminal Commitment.- 5 The Criminal Commitment System: Its Structure and Components.- C. The Relationship Between the Systems of Civil and Criminal Commitment.- 6 The Crouch Case: Exploring Problems of Civil and Criminal Commitment through an Actual Example.- Two: Law and Therapy.- A. Outpatient Therapy.- 7 The Tarasoff Case and the Controversy over Its Therapeutic Implications.- B. institutional therapy.- 8 Psychosurgery and the Kaimowitz Case.- 9 Behavior Modification: Legal Restrictions on Token Economies.- 10 One Proposed Legal Mechanism for Regulating Behavior Control.- 11 Afterword.