Involuntary Civil Commitment of the Mentally Ill in the Post-Reform Era PDF Download

Author: Robert D. Miller
Publisher:
ISBN: 9780398062910
Category :
Languages : en
Pages : 280

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Author: Robert Desle Miller
Publisher: Charles C. Thomas Publisher
ISBN:
Category : History
Languages : en
Pages : 292

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Author: Kate Diesfeld
Publisher: Routledge
ISBN: 1351926268
Category : Law
Languages : en
Pages : 638

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Book Description
International developments within the last twenty years have demonstrated controversial shifts in treatment for people with mental illnesses and the care of persons with intellectual disabilities. These shifts have been apparent in an emphasis on deinstitutionalization, increased scrutiny of detention and discharge decisions and, in some countries, in enforced treatment and care in the community. As we become increasingly conscious of the political and moral dimensions of civil commitment, these concerns are reflected in the professional literature, but this does not often enough focus on issues of clinical and legal principle, nor is it in a form which encourages comparative analysis. This collection draws on contributors from the UK, the USA, Australia, the Netherlands, Canada and New Zealand, who share a commitment to evaluating whether the civil detention processes protect the liberty, dignity and justice interests of those with mental illnesses and intellectual disabilities. The book is written from a therapeutic jurisprudence perspective and poses a number of questions with international application, such as: Are more categories of people being detained? Is involuntary detention serving new purposes? Are different forms of detention gaining credence and being more widely utilized? And, are admission decisions and review of detention decisions transparent, consistent, and just?

Author: George C. Klein
Publisher: University Press of America
ISBN: 0761847332
Category : Law
Languages : en
Pages : 410

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How does our legal and mental health system handle the mentally disordered? In this book, George C. Klein presents a revealing survey that explores the system of processing prisoners and patients from arrest to admissions to court. In an investigation spanning over 30-years, Klein examines and evaluates the intersection of law, mental health, and social control.

Author: Robert I. Simon
Publisher: American Psychiatric Pub
ISBN: 9781585621675
Category : Medical
Languages : en
Pages : 686

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Book Description
Updates to this edition: * Clinical and legal issues in the use of clozapine in treatment of schizophrenia* Clinical information and new cases involving tardive dyskinesia* Changes in civil and criminal law regarding right to refuse treatment* An update of clinical guidelines and legal regulations of ECT* An update on suicide risk assessment and new legal cases involving suicide* An update on violence risk assessment and new legal cases involving the duty to protect endangered third parties* New statutes and criminal sanctions regarding sexual misconduct * New statutes limiting the liability of therapists toward third parties who are injured or killed by patients* Changes in the relationship between psychiatrists and nonmedical therapists* Regulatory developments regarding physician impairment* Numerous tables and an updated glossary of legal terms* New section on common terms and abbreviations in legal citations

Author: Paul S. Appelbaum
Publisher: Oxford University Press, USA
ISBN: 9780195068801
Category : Law
Languages : en
Pages : 260

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Book Description
Doubts about the reality of mental illness and the benefits of psychiatric treatment helped foment a revolution in the law's attitude toward mental disorders over the last 25 years. Legal reformers pushed for laws to make it more difficult to hospitalize and treat people with mental illness, and easier to punish them when they committed criminal acts. Advocates of reform promised vast changes in how our society deals with the mentally ill; opponents warily predicted chaos and mass suffering. Now, with the tide of reform ebbing, Paul Appelbaum examines what these changes have wrought. The message emerging from his careful review is a surprising one: less has changed than almost anyone predicted. When the law gets in the way of commonsense beliefs about the need to treat serious mental illness, it is often put aside. Judges, lawyers, mental health professionals, family members, and the general public collaborate in fashioning an extra-legal process to accomplish what they think is fair for persons with mental illness. Appelbaum demonstrates this thesis in analyses of four of the most important reforms in mental health law over the past two decades: involuntary hospitalization, liability of professionals for violent acts committed by their patients, the right to refuse treatment, and the insanity defense. This timely and important work will inform and enlighten the debate about mental health law and its implications and consequences. The book will be essential for psychiatrists and other mental health professionals, lawyers, and all those concerned with our policies toward people with mental illness.

Author: B.A. Weiner
Publisher: Springer Science & Business Media
ISBN: 1489916547
Category : Law
Languages : en
Pages : 423

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Book Description
I. OVERVIEW Legal Issues in Mental HeaIth Care is aimed at the mental health clinician who provides services on either an inpatient or an outpatient basis. It is written for psychiatrists, psychologists, social workers, nurses, and other therapists to help them understand and manage legal issues in their daily practice. The issues covered apply to therapists who work for an agency or hospital as weil as those who work independently. The book is meant to serve as a handbook, but it also provides a quick resource as legal questions arise which are related to the obligations of the therapist. It ad dresses the legal issues that confront the clinician. It is not aimed at the clinicianwho specializes in forensie mental health issues, because the information provided does not reach that level of detail or sophistication. Nor is it aimed at the scholar, because our goal is to provide practical information in a clear and concise format. Wehave not addressed the wide array of laws protecting the mentally disabled from discrirnina tion-most notably, the Americans with Disabilities Act (1990)and the Fair Housing Act. Most states also have laws that prohibit discrimination in employment, services, and housing. These issues are beyond the scope of this book because we are address ing the legal issues that arise in providing care, rather than the rights of mentally disabled persons. 11. ORGANIZATION OF THE BOOK The book consists of eleven chapters and a Glossary of Legal Terms.

Author: Richard Rosner
Publisher: CRC Press
ISBN: 0340806648
Category : Law
Languages : en
Pages : 929

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The second edition of this award-winning textbook has been thoroughly revised and updated throughout. Building on the success of the first edition, the book continues to address the History and Practice of Forensic Psychiatry, Legal Regulation of the Practice of Psychiatry, Psychiatry in relation to Civil Law, Criminal Law, and Family Law. Important sections such as Special Issues in Forensic Psychiatry, Law and the Legal System, and Landmark Cases in Mental Health Law are included. Designed to meet the needs of practitioners of forensic psychiatry, for residents in forensic psychiatry, and those preparing for the specialty examination in Forensic Psychiatry of the American Board of Psychiatry and Neurology, this volume will also answer the many questions faced by mental health professionals, mental health administrators, correctional health professionals and correctional health administrators, attorneys, judges, probation and parole officers and administrators all of whom, at one time or another, require a substantive presentation of the entire field of forensic psychiatry in the USA.

Author: Teresa L. Scheid
Publisher: Cambridge University Press
ISBN: 1108184081
Category : Psychology
Languages : en
Pages : 825

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Book Description
With chapters written by leading scholars and researchers, the third edition of A Handbook for the Study of Mental Health provides an updated, comprehensive review of the sociology of mental health. The volume presents an overview of the historical, social, and institutional frameworks for understanding mental health and illness. Part I examines the social factors that shape psychiatric diagnosis and the measurement of mental health and illness, the theories that explain the definition and treatment of mental disorders, and cultural variability in mental health. The section addresses the DSM-5 and its potential influence on diagnosis and research on mental health outcomes. Part II investigates the effects of social context on mental health and illness. Part III focuses on the organization, delivery, and social context of mental health treatment. The chapters in Part III address the likely impact of the Affordable Care Act on mental health care. This volume is a key resource for students, researchers, advocates, and policymakers seeking to understand mental health and mental health delivery systems.

Author: John Q. La Fond
Publisher: Oxford University Press, USA
ISBN: 0195055209
Category : Medical policy
Languages : en
Pages : 281

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Book Description
Today, American mental health law and policy promote the restoring of "law and order" in the community rather than protecting civil liberties for the individual. This compelling book recounts how and why mental health law is being reshaped to safeguard society rather than mentally ill citizens. The authors, both experts in the field, convincingly demonstrate how rapidly changing American values ignited two very different visions of justice for the mentally ill. They argue that during the "Liberal era"-- from 1960 to 1980-- Americans staunchly supported civil liberties for all, particularly for disadvantaged citizens like the mentally ill. Also, criminal law provided ample opportunities for mentally ill offenders to avoid criminal punishment for their crimes, and restrictive civil commitment laws made it difficult to hospitalize the mentally disabled against their will. During the "Neoconservative era"--from 1980 on-- however, the public demanded new laws as a result of the rise in crime and the increasing number of homeless in communities. These changes make it much more difficult for mentally ill offenders to escape criminal blame and far easier to put disturbed citizens into hospitals against their will. Back to the Asylum accurately describes how this abrupt shift in from protecting individual rights to protecting the community has had a major impact on the mentally ill. It examines these legal changes in their broader social context and offers a provocative analysis of these law reforms. Finally, this timely work forecasts the future of mental health law and policy as America enters the twenty-first century.