Introduction
Civil commitment is defined as “a process by which a court determines whether or not to order an individual to receive treatment or care or be confined” (The Columbia Electronic Encyclopedia, 2013, p.1). There are two legal principles that are part of a state’s interest in civil commitment. They are parens patrae and police power. The term ‘parens patrae’ is a philosophy that states that the government is in charge of his/her citizens when such citizens are not able to care for himself or herself (Testa & West, 2010). The term ‘police power’ is defined “as the inherent and plenary power of a sovereign to make all laws necessary and proper to preserve the public” (Lareau, 2013, p. 308).
Legal Aspects and Contours of Involuntary
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They are emergency commitment and long-term commitment (Lareau, 2013). Dr. Swanson and Mr. Petrila (2014) state that “emergency commitment may be used when someone is considered a danger to himself or herself or others while suffering from a mental illness, when he or she are gravely disabled, or when he or she is unable to meet his or her basic needs” (p. 1). The term “emergency commitment” refers to a detention in a psychiatric hospital that usually lasts between 48 and 72 hours. According to the authors, the standard for an emergency commitment is having “probable cause to believe that without inpatient mental health intervention and treatment the person would pose a serious risk to self or others” (Lareau, 2013, p. 315). Stage two is the long-term commitment which requires a commitment hearing (Lareau, 2013). During a commitment hearing, there are protections that are provided in all states. Such protections that are provided to such a person include the right to call favorable witnesses and to cross-examine unfavorable witnesses, the right to a neutral fact finder, state has the burden of proof with clear and convincing evidence, the right to a lawyer, and written notice which includes the advisement of his/her rights (Lareau, 2013; Player,
Gupta, M. (2001): Treatment refusal in the involuntarily hospitalized psychiatric population: Canadian policy and practice. In: Medicine and Law, Vol. 20, Issue 2, pp. 245-265.
Psychiatric hospitals, also known as mental hospitals and mental asylums, are hospitals or wards specializing in the treatment of serious psychiatric diseases, such as clinical depression, schizophrenia, and bipolar disorder. Psychiatric hospitals vary widely in their size and grading. Some hospitals may specialize only in short-term or outpatient therapy for low-risk patients. Others may specialize in the temporary or permanent care of residents who, as a result of a psychological disorder, require routine assistance, treatment, or a specialized and controlled environment. Patients are often admitted on a voluntary basis, but people whom psychiatrists believe may pose a significant danger to themselves or others may be subject to involuntary commitment.
This law allows an individual to keep more of their civil liberties. It cost less than an inpatient commitment. The law has control not only on the individual who needs help but also on the mental health system to give the help. Involuntary commitment is a court order in which an individual with a severe mental illness is order into treatment in an impatient or outpatient hospital. The laws, that deals with the criteria for civil commitment varies from state to state. A dander to self or a danger to others is a standard, but some may result in that the danger must be imminent. The Kendra’s law is a way to try to establish a safety living style for the community for all.
There were patients who had chronic illnesses and were subdued by restraints and sedation up to 1950s. Moving forward towards the 60’s, the criteria of hospitalization started to change when questions on how well asylums worked and the ethical problems with patient care was raised (West, 2010). Due to the Community Mental Health Centers Act of 1963 these institutions started to close all around the states and shifted away from rural to urban areas. Psychiatric hospitalization had a new criterion stating that an individual had to pose a threat to themselves or others and or show evidence of severe psychiatric illness that renders him or her gravely disabled (Caple,
A violent environment and family reunification plays a vital role in driving children to abandon their home country, but crime, gang fears and hostility seem to be the strongest factors for children’s decision to emigrate. According to Elizabeth Kennedy. This is especially true for most young males, who have no other choice but to join vicious gangs, or leave their homes in hopes to find a job that allows them work half the day and focus on their education the other half in order to achieve a better opportunity of life. According to Sonia Nazario, “One in three children lists family reunification as the principal reason to depart home. Not surprisingly, over 90 % of the children she interviewed have a family member
The United States has the highest incarceration rate in the world and of that over sixty percent of jail inmates reported having a mental health issue and 316,000 of them are severely mentally ill (Raphael & Stoll, 2013). Correctional facilities in the United States have become the primary mental health institutions today (Adams & Ferrandino, 2008). This imprisonment of the mentally ill in the United States has increased the incarceration rate and has left those individuals medically untreated and emotionally unstable while in jail and after being released. Better housing facilities, medical treatment and psychiatric counseling can be helpful in alleviating their illness as well as upon their release. This paper will explore the increasing incarceration rate of the mentally ill in the jails and prisons of the United States, the lack of medical services available to the mentally ill, the roles of the police, the correctional officers and the community and the revolving door phenomenon (Soderstrom, 2007). It will also review some of the existing and present policies that have been ineffective and present new policies that can be effective with the proper resources and training. The main objective of this paper is to illustrate that the criminalization of the mentally ill has become a public health problem and that our policy should focus more on rehabilitation rather than punishment.
...are Program For Inmates With A Chronic Mental Illness.” Jour of Forensic Psychology Proctice 4.2. (2004): 87-100. Academic Search Complete. Web 5 May 2014
Parental incarceration can affect many aspects of a child’s life, including emotional and behavioral well-being, family stability and financial circumstances. The growing number of children with an incarcerated parent represents one of the most significant collateral consequences of the record prison population in the U.S. Children who have an incarcerated parent require support from local, state, and federal systems to serve their needs. Kids pay both the apparent and hidden costs while their loved one serves out sentences in jail or prison.
In order to protect the patients’ identity and privacy, and in accordance with the NMC Code (2015) and Data Protection Act (DPA) 1998, anonymity and confidentiality will be maintained using a pseudonym for the case study. Jane, a 47-year-old female, detained on Section 3 of MHA (DH, 1983) within an Acute Inpatient Ward. As defined in the Mental Health Act Code of Conduct (DH, 2007) Section 3 of the MHA allows a patient to be detained for treatment within a hospital setting for a period of up to 6 months to allow for treatment programme (DH, 1983). Jane’s health had deteriorated over a period of seven days, after she had stopped taking her anti-psychotic medication weeks ago, resulting in the current episode of manic behaviour.
What if black people didn’t have any rights? Imagine walking down the streets with people spitting, punching, and throwing garbage at a black person. What would you think? Well that’s why we should be thankful for individuals like Martin Luther King Jr. and Rosa Parks. Individuals put black people a great leap forward to having civil rights. Civil rights are rights to citizens to political, social, and equality. Although, groups and government are significant to achieving civil rights, individuals are the most important to achieving civil rights.
Several states authorize police officers to arrest mentally ill people who have not broken any law. It is argued that this process is a way to promote public order. Hospitals also transfer mentally ill patients to jail in order to deal with the overflow. It is not uncommon for children to be confined to criminal detention centers because there is a lack of facilities for severely mentally ill children. Relying on the criminal justice systems to be surrogate mental health systems conflicts with the basic notions of justice. (Aufderheide,
The Family Law Legislation Amendment Act of 2011 and whether it has Reduced Violence and Abuse for Women and Children
The Mental Health Act (MHA) is the law which sets out when you can be admitted, detained, and treated in hospitals against your wishes. It is also known as being ‘sectioned’ (Institute of psychiatry, psychology, & neuroscience, 2014). For this to happen, certain people must agree that you have a mental disorder that requires a stay in the hospital (Institute of psychiatry, psychology, & neuroscience, 2014).
Marriage is a complicated topic and even more complicated when it ends in divorce. When entering a sacred union, such as a marriage, the person is entering uncharted water that can end up in happiness or divorce. For females in the 1900s, it became more of a chore than happiness. From an early age, the female mind has been trained, by their parents and society, to automatically take the role of a mother and a wife. Many married women understood that by marrying a man, they would have to understand the need of their husband as well as being the proper wife. However, married female did not expect their husbands to go to war in 1914 through 1918 and possibly again in 1939 through 1945. Due to the wars, some females became a widow and some marriages
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations and private individuals, and which ensure one's ability to participate in the civil and political life of the society and state without discrimination or repression.