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Involuntary Civil Commitment of the Mentally Ill: a System in Need of Change
Volume 29 Issue 2 Article 2 1983 Involuntary Civil Commitment of the Mentally Ill: A System in Need of Change John E. B. Myers Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Law and Psychology Commons Recommended Citation John E. Myers, Involuntary Civil Commitment of the Mentally Ill: A System in Need of Change, 29 Vill. L. Rev. 367 (1983). Available at: https://digitalcommons.law.villanova.edu/vlr/vol29/iss2/2 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Myers: Involuntary Civil Commitment of the Mentally Ill: A System in Nee 1983-84] INVOLUNTARY CIVIL COMMITMENT OF THE MENTALLY ILL: A SYSTEM IN NEED OF CHANGE JOHN E. B. MYERSt Table of Contents Introduction .................................................. 368 I. THE RISE OF INSTITUTIONS ............................. 368 II. DEVELOPMENT OF INVOLUNTARY COMMITMENT LAW... 375 A. HistoricalDevelopment ..................... .......... 375 B. The Authority of the State to Impose Involuntay Commit- ment-The Parens Patriae Power ..................... 380 III. THE DEINSTITUTIONALIZATION MOVEMENT ............. 388 A. HistoricalDevelopment ................................ 388 B. The Contribution of the Courts to Deinstitutionah'zation.... 394 C. Treatment in the Least Restrictive Environment ........... 400 IV. FAILINGS OF THE DEINSTITUTIONALIZATION MOVEMENT ......................................................... 40 3 A. The "Community's" Failure to Provide Adequate Commu- nity-Based Treatment Resources ......................... 403 B. The Shortcomings of Denstitutionah'zationare Exacerbated by Restrictive Commitment Laws ........................ 409 V. ALTERNATIVES FOR CHANGE IN THE SYSTEM OF INVOL- UNTARY TREATMENT OF THE MENTALLY ILL .......... -
Misrepresented Sources in the Rosenhan Hoax
University of Montana ScholarWorks at University of Montana Global Humanities and Religions Faculty Publications Global Humanities and Religions 7-2021 Below the Line: Misrepresented Sources in the Rosenhan Hoax Stewart Justman University of Montana - Missoula, [email protected] Follow this and additional works at: https://scholarworks.umt.edu/libstudies_pubs Part of the Arts and Humanities Commons Let us know how access to this document benefits ou.y Recommended Citation Justman, Stewart, "Below the Line: Misrepresented Sources in the Rosenhan Hoax" (2021). Global Humanities and Religions Faculty Publications. 13. https://scholarworks.umt.edu/libstudies_pubs/13 This Article is brought to you for free and open access by the Global Humanities and Religions at ScholarWorks at University of Montana. It has been accepted for inclusion in Global Humanities and Religions Faculty Publications by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact [email protected]. Below the Line: Misrepresented Sources in the Rosenhan Hoax Abstract Though footnotes may seem like technicalities in the sciences, work in these disciplines is by no means independent of textual sources. How often are sources checked? In the unique case of D. L. Rosenhan’s celebrated—and as we now know, fabricated—study ‘On Being Sane in Insane Places’, a review of any of several listed sources (or even an ordinarily attentive reading of the text itself) would have suggested strongly that something was not right. Had readers examined Rosenhan’s sources with ordinary care, so many misrepresentations would have been uncovered that the credibility of the entire performance would have come into question. -
Guardian's Authority to Involuntarily Hospitalize the Incompetent Ward JOHN L
Guardian's Authority to Involuntarily Hospitalize the Incompetent Ward JOHN L. SULLIVAN, J.D.,LL.M.* A Guardian may give any consents or approvals that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment or service. Section 5-312(a) (3) Uniform Probate Code If Section 5-312(a) (3) is accepted as a composite or representative definition of a guardian of the person's state law statutory authority to deal with the care and custody of his incompetent ward in matters relating to medical management, any private hospital could admit, on the signature of the guardian, any so-called "lucid" incompetent. The limitation to a consideration of private hospital admission is made because it is almost universal practice for state or governmental hospitals to demand a civil commitment order before admitting an involuntary patient, whether declared incompetent or not. The so-called "lucid" incompetent is the adjudicated incompetent who still can be heard to protest the decisions made for him by his guardian. The labeling and attendant distinction of the "lucid" incompetent is useful in categorizing those cases where courts have been called upon to render judgments relating to radical medical procedures such as experimental psychosurgery 1 or kidney transplants2 or negative medical procedures such as a discontinuance of medical suppon systems. 3 In such cases it has readily been seen that the bare authority of a guardian under state statutes is not sufficient to authorize medical procedures or cessation of them. It has been agreed that specific coun authority is required, and probably that of a court exercising equity jurisdiction. -
The Cuckoo's Nest: an Examination of the National Commission Report on Psychosurgery Steven C
Hofstra Law Review Volume 6 | Issue 4 Article 3 1978 Return to the Cuckoo's Nest: An Examination of the National Commission Report on Psychosurgery Steven C. Spronz Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Recommended Citation Spronz, Steven C. (1978) "Return to the Cuckoo's Nest: An Examination of the National Commission Report on Psychosurgery," Hofstra Law Review: Vol. 6: Iss. 4, Article 3. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol6/iss4/3 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Spronz: Return to the Cuckoo's Nest: An Examination of the National Commi NOTES RETURN TO THE CUCKOO'S NEST: AN EXAMINATION OF THE NATIONAL COMMISSION REPORT ON PSYCHOSURGERY One Flew Over the Cuckoo's Nest' describes the use of psychosurgery to rid MacMurphy, an inmate-patient who chal- lenged the authority of his "keepers" in a psychiatric institution, of his allegedly violent tendencies. The operation transformed him into a human vegetable. His friend, the "Chief," another patient at the hospital, recognized that MacMurphy's life was now without meaning and mercifully suffocated him. The author's indictment of abuses in mental institutions was published in 1962, when the practice of psychosurgery was waning in the United States. 2 Cuckoo's Nest should belong to a bygone era, one replaced by an age in which more humane treatments are administered. -
Abolishing the Concept of Mental Illness
ABOLISHING THE CONCEPT OF MENTAL ILLNESS In Abolishing the Concept of Mental Illness: Rethinking the Nature of Our Woes, Richard Hallam takes aim at the very concept of mental illness, and explores new ways of thinking about and responding to psychological distress. Though the concept of mental illness has infiltrated everyday language, academic research, and public policy-making, there is very little evidence that woes are caused by somatic dysfunction. This timely book rebuts arguments put forward to defend the illness myth and traces historical sources of the mind/body debate. The author presents a balanced overview of the past utility and current disadvantages of employing a medical illness metaphor against the backdrop of current UK clinical practice. Insightful and easy to read, Abolishing the Concept of Mental Illness will appeal to all professionals and academics working in clinical psychology, as well as psychotherapists and other mental health practitioners. Richard Hallam worked as a clinical psychologist, researcher, and lecturer until 2006, mainly in the National Health Service and at University College London and the University of East London. Since then he has worked independently as a writer, researcher, and therapist. ABOLISHING THE CONCEPT OF MENTAL ILLNESS Rethinking the Nature of Our Woes Richard Hallam First published 2018 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2018 Richard Hallam The right of Richard Hallam to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. -
Chapter 8 – Civil Commitments
GENERAL DISTRICT COURT MANUAL CIVIL COMMITMENTS Page 8-1 Chapter 8 – Civil Commitments Civil Commitments include involuntary admissions of mentally ill/intellectual disability and medical emergency temporary detention. Civil mental illness/intellectual disability proceedings and medical emergency consent proceedings may be heard by a judge of the general district or juvenile and domestic relations district court or a special justice appointed by the chief judge of the applicable judicial circuit. Va. Code § 37.2-803. The involuntary mental commitment process begins when a petition is filed, and alleges a person is mentally ill and in need of hospitalization. For proceedings in this chapter, whenever the term “mental illness” appears, it shall include substance abuse. Va. Code § 37.2-800. The process may begin with a referral to the localities’ Community Service Board, or may be initiated at the magistrate’s office. Some clerk’s offices will only receive paperwork after the proceedings and hearings are over, while in some offices the judges themselves may hold the hearing. These are the procedures for filing and indexing under each circumstance. Transportation of a person who is the subject of an emergency custody order, temporary detention order, and a person under an involuntary commitment order may be provided by a family member or friend, representative of the Community Services Board (CSB), or other alternative transportation provided with staff trained to provide transportation is a safe manner. No person who provides alternative transportation pursuant to these sections shall be liable to the person being transported for any civil damages for ordinary negligence in acts or omissions that result from providing such alternative transportation. -
Constructing the Self, Constructing America: a Cultural History of Psychotherapy Pdf
FREE CONSTRUCTING THE SELF, CONSTRUCTING AMERICA: A CULTURAL HISTORY OF PSYCHOTHERAPY PDF Philip Cushman | 448 pages | 30 Sep 1996 | The Perseus Books Group | 9780201441925 | English | Cambridge, MA, United States Constructing The Self, Constructing America: A Cultural History Of Psychotherapy by Philip Cushman Rhetoric of therapy is a concept coined by American academic Dana L. Cloud to describe "a set of political and cultural discourses that have adopted psychotherapy's lexicon—the conservative language of healing, coping, adaptation, and restoration of previously existing order—but in contexts of social and political conflict". Constructing the Self argued that the rhetoric of therapy encourages people to focus on themselves and their private lives rather than attempt to reform flawed systems of social and political power. This form of persuasion is primarily used by politicians, managers, journalists and entertainers as a way to cope with the crisis of the American Dream. The rhetoric of therapy has two functions, according to Cloud: 1 to exhort conformity with the prevailing social order and 2 to encourage identification Constructing the Self therapeutic values: individualismfamilism, self-helpand self- absorption. The origins of therapeutic discourse, along with advertising and other consumerist cultural forms, emerged during the industrialization of the West during the 18th century. The new emphasis on the acquisition of wealth during this period produced discourse about the "democratic self- determination of individuals conceived as autonomous, self-expressive, self-reliant subjects" or, in short, the " self-made man ". Therefore, the language of personal responsibility, adaptation, and healing served not to liberate the working class, the poor, and the socially marginalized, but to persuade members of these classes that they are individually responsible for their plight. -
Random Jottings 8.5
Random Jottings 8.5 Watergate Redux Random Jottings 8.5, Watergate Redux is an irregularly published amateur magazine. It is available in printed form directly from Timespinner Press or through Amazon.com; a free PDF version is available at http://efanzines.com/RandomJottings/. It is also available for “the usual”: contributions of art or written material, letters of comment, attendance at Corflu 31, or editorial whim. Letters of comment or other inquiries to Michael Dobson, 8042 Park Overlook Drive, Bethesda, Maryland 20817-2724, [email protected]. Copyright © 2014 Timespinner Press on behalf of the individual contributors. This issue was originally contained in the print edition of Random Jottings 9. For reasons of file size, I’ve broken this section off as a separate issue. The print edition, perfect bound with wraparound color cover, was published by CreateSpace and is available on Amazon for $9.95 retail, though they’re discounting it to $8.96, at least at the time of writing. http://www.amazon.com/dp/ 1499134088/. This issue also contains the letter column on Random Jottings 8, which kind of works. Artwork is by Steve Stiles except for pages 3 and 26, which are by Alexis Gilliland. Photos and memorabilia are from Earl Kemp or Wikimedia Commons. What Would Nixon Do? Finally, my neighbor Mark Hill sent me a link RANDOM JOTTINGS 8 WAS the “Watergate to a Smithsonian Magazine story containing Considered as an Org Chart of Semi-Precious Richard Nixon’s FBI application, which I’ve Stones” issue, an anthology of various essays, reprinted here. The full story is at http:// comic book scripts, and other stuff about the tinyurl.com/NixonFBI. -
A Philosophical Investigation Into Coercive Psychiatric Practices
MIC, University of Limerick A philosophical investigation into coercive psychiatric practices 2 Volumes Gerald Roche MSc, MPhil, BCL, BL. Volume 1 of 2 A thesis submitted to the University of Limerick for the degree of Ph.D. in Philosophy Doctoral Supervisor: Dr. Niall Keane, MIC, University of Limerick. External Examiner: Professor Joris Vandenberghe, University of Leuven, Leuven, Belgium. Internal Examiner: Dr. Stephen Thornton, MIC, University of Limerick. Submitted to the University of Limerick, February 2012. Abstract This dissertation seeks to examine the validity of the justification commonly offered for a coercive 1 psychiatric intervention, namely that the intervention was in the ‘best interests’ of the subject and/or that the subject posed a danger to others. As a first step, it was decided to analyse justifications based on ‘best interests’ [the ‘ Stage 1 ’ argument] separately from those based on dangerousness [the ‘Stage 2 ’ argument]. Justifications based on both were the focus of the ‘ Stage 3 ’ argument. Legal and philosophical analyses of coercive psychiatric interventions generally regard such interventions as embodying a benign paternalism occasioning slight, if any, ethical concern. Whilst there are some dissenting voices even at the very heart of academic and professional psychiatry, the majority of psychiatrists also appear to share such views. The aim of this dissertation is to show that such a perspective is mistaken and that such interventions raise philosophical and ethical questions of the profoundest importance. -
Involuntary Commitment: Implication for Psychiatric Nursing Practice* a RTICLE
O RIGINAL Involuntary commitment: implication for psychiatric nursing practice* A RTICLE INTERNAÇÃO INVOLUNTÁRIA: AS IMPLICAÇÕES PARA A CLÍNICA DA ENFERMAGEM PSIQUIÁTRICA INTERNACIÓN INVOLUNTARIA: IMPLICACIONES PARA LA CLÍNICA DE ENFERMERÍA PSIQUIÁTRICA Lilian Hortale de Oliveira Moreira1, Cristina Maria Douat Loyola2 ABSTRACT RESUMO RESUMEN The characteristics of involuntary psychiat- Quando nos deparamos com Internação Psi- Cuando nos encontramos con Internación ric commitment (IPI) may cause implica- quiátrica Involuntária (IPI), percebemos que Psiquiátrica Involuntaria (IPI), percibimos tions on the nursing/patient relationship. as características dessa internação podem que las características de internación pue- The objectives of this study were to list the causar implicações para a relação enferma- den causar implicaciones en la relación en- forms of nursing care delivered to psychi- gem/paciente. Relacionar os cuidados de fermería/paciente. Relacionar los cuidados atric patients, according to the type of com- enfermagem prestados ao paciente psiqui- de enfermería brindados al paciente psi- mitment; analyze the reaction of the nurs- átrico, considerando o tipo de internação; quiátrico, considerando el tipo de interna- ing team towards the IPI patient, and dis- analisar a reação da equipe de enfermagem ción; analizar la reacción del equipo de en- cuss on the implications that IPI have on the em relação ao paciente de Internação Psi- fermería en relación al paciente de IPI, y practice o psychiatric nursing. A field re- quiátrica Involuntária (IPI), e discutir as im- discutir las implicaciones de la IPI para la search was performed with the nursing plicações da IPI para a clínica da enferma- clínica de enfermería psiquiátrica. Investi- team of a psychiatric institution in Rio de gem psiquiátrica. -
Antipsychiatry Movement 29 Wikipedia Articles
Antipsychiatry Movement 29 Wikipedia Articles PDF generated using the open source mwlib toolkit. See http://code.pediapress.com/ for more information. PDF generated at: Mon, 29 Aug 2011 00:23:04 UTC Contents Articles Anti-psychiatry 1 History of anti-psychiatry 11 Involuntary commitment 19 Involuntary treatment 30 Against Therapy 33 Dialectics of Liberation 34 Hearing Voices Movement 34 Icarus Project 45 Liberation by Oppression: A Comparative Study of Slavery and Psychiatry 47 MindFreedom International 47 Positive Disintegration 50 Radical Psychology Network 60 Rosenhan experiment 61 World Network of Users and Survivors of Psychiatry 65 Loren Mosher 68 R. D. Laing 71 Thomas Szasz 77 Madness and Civilization 86 Psychiatric consumer/survivor/ex-patient movement 88 Mad Pride 96 Ted Chabasinski 98 Lyn Duff 102 Clifford Whittingham Beers 105 Social hygiene movement 106 Elizabeth Packard 107 Judi Chamberlin 110 Kate Millett 115 Leonard Roy Frank 118 Linda Andre 119 References Article Sources and Contributors 121 Image Sources, Licenses and Contributors 123 Article Licenses License 124 Anti-psychiatry 1 Anti-psychiatry Anti-psychiatry is a configuration of groups and theoretical constructs that emerged in the 1960s, and questioned the fundamental assumptions and practices of psychiatry, such as its claim that it achieves universal, scientific objectivity. Its igniting influences were Michel Foucault, R.D. Laing, Thomas Szasz and, in Italy, Franco Basaglia. The term was first used by the psychiatrist David Cooper in 1967.[1] Two central contentions -
(Neurowarfare) in the Electronic Age May 14, 2016 Edition
B A L A_B_L.com Glossary of termS relating to brainwashing and psychological warfare (neurowarfare) in the electronic age May 14, 2016 edition Nathan Weatherdon BA Political Science, U of Toronto; MA Economics, U Laval Translator and editor of economics research: http://parc-msms.org Teacher Published by the Anti-Brainwashing League (ABL), 2016. www.A_B_L.com B A L A_B_L.com The copyright terms are according to the Creative Commons Attribution-ShareAlike 4.0 International license. You are free to: Share — copy and redistribute the material in any medium or format Adapt — remix, transform, and build upon the material for any purpose, even commercially. The licensor cannot revoke these freedoms as long as you follow the license terms. Under the following terms: Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits. Notices: You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation. No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material. Introduction Please read the following carefully, prior to making use of the glossary! Citizens of all nations must be aware of the terms in this glossary, for purposes of cognitive liberty and anti-brainwashing in the electronic age.