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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 .......... -
Epistemic Injustice in Cases of Compulsory Psychiatric Treatment
Epistemic Injustice in Cases of Compulsory Psychiatric Treatment Antonia Smyth ORCID: 0000-0001-6843-1753 A Thesis Submitted in Partial Fulfilment of the Requirements for the Degree of Master of Arts (Advanced Seminar & Shorter Thesis) Philosophy Department School of Historical and Philosophical Studies Faculty of Arts The University of Melbourne June 2021 Abstract There is a growing body of philosophical research into epistemic injustice in the psychiatric context; this thesis examines the impact of this distinct form of injustice on people in compulsory psychiatric treatment specifically, that is, on people receiving treatment without their consent. Epistemic injustice poses an intrinsic harm to those who experience it, but it can result in secondary practical consequences. In the case of compulsory psychiatric treatment, these consequences can be severe, including the infringement of peoples’ rights to liberty and autonomy. I begin with a focus on testimonial injustice, as described by Miranda Fricker. I will show that compulsory treatment cases provide fertile ground for this form of injustice, and explore the idea that testimonial injustice functions at an institutional level in this context. To demonstrate this I use a case study, the Victorian Mental Health Act 2014, focusing particularly on the role of capacity assessments, which I will argue constitute a formal credibility judgment. Fricker’s proposed remedy for testimonial injustice is the cultivation of the virtue of testimonial justice, however, I argue that on its own, this will not be sufficient for combatting institutional testimonial injustice. Examining solutions to this problem, I argue for structural solutions in the form of proposals for legislative and policy changes. -
Final Essay: Deinstitutionalization of The
FINAL ESSAY: DEINSTITUTIONALIZATION OF THE MENTALLY ILL IN AMERICA By ANDREW BERTHIAUME Integrated Studies Final Project Essay (MAIS 700) submitted to Dr. Mike Gismondi in partial fulfillment of the requirements for the degree of Master of Arts – Integrated Studies Athabasca, Alberta December, 2016 FINAL ESSAY: DEINSTITUTIONALIZATION 2 ABSTRACT The decades-long deinstitutionalization of psychiatric patients (from care in institutions to community-based supports) in the United States has been controversial. For certain individuals it has been a lifesaver, but for many more it has had negative consequences. By examining academic articles and media through interdisciplinary research, the ongoing effects of deinstitutionalization on psychiatric patients is explored. It is clear that the ideas associated with deinstitutionalization must innovate to better serve the mentally ill. FINAL ESSAY: DEINSTITUTIONALIZATION 3 Table of Contents Introduction………………………………………………………………………………4 Historical and Sociological Lenses………………………………………………………6 Problems Start……………………………………………………………………………8 The Antipsychotic Era……………………………………………………………………9 Deinstitutionalization: A Failure?...................................................................................12 A Sociology Lens: Homelessness in America……......………………………………...12 Mental Illness and Criminality……………………......………………………………..13 Policing………………………………………………………………………..…………14 A Psychology Lens: Modified Labelling Theory……………………………………….15 Treatment outcomes……………………………………………………………………16 References……………………………………………………………………………….18 -
Psychiatry and Anti-Psychiatry: History, Rhetoric and Reality
2 (4) 2018 DOI: 10.26319/4717 Daniel Burston, Psychology Department, Duquesne University, Pittsburgh PA [email protected] Psychiatry and Anti-psychiatry: History, Rhetoric and Reality Abstract: The term “anti-psychiatry” was coined in 1912 by Dr. Bernhard Beyer, but only popularized by Dr. David Cooper (and his critics) in the midst of a widespread cultural revolt against involuntary hospitalization and in-patient psychiatry during the 1960s and 1970s. However, with the demise of the old-fashioned mental hospital, and the rise of Big Pharma (with all its attendant evils), the term “anti-psychiatry” has outlived its usefulness. It survives merely as a term of abuse or a badge of honor, depending on the user and what rhetorical work this label is expected to perform. Those who use the term nowadays generally have a polemical axe to grind, and seldom understand the term’s origins or implications. It is time that serious scholars retire this term, or to restrict its use to R.D.Laing’s followers in the Philadelphia Associates and kindred groups that sprang up in the late 1960s and 1970s. Keywords: psychiatry, anti-psychiatry, psychoanalysis, DSM V, Big Pharma, normalization, psychopolitics On November 16, 2016, Dr. Bonnie Burstow, Associate Professor of Adult Education and Community Development at the Ontario Institute for Studies in Education, which is affiliated with the University of Toronto, launched the first (and thus far, only) scholarship in North America to support doctoral theses on the subject of “anti-psychiatry.” Predictably, this bold gesture garnered praise in some quarters, but provoked a barrage of criticism from both in and outside the university. -
Measurement and the Decline of Moral Therapy
University of Wollongong Research Online Faculty of Health and Behavioural Sciences - Papers (Archive) Faculty of Science, Medicine and Health 1-1-2010 Measurement and the decline of moral therapy Graham D. Bowrey University of Wollongong, [email protected] Ciorstan J. Smark University of Wollongong, [email protected] Follow this and additional works at: https://ro.uow.edu.au/hbspapers Part of the Arts and Humanities Commons, Life Sciences Commons, Medicine and Health Sciences Commons, and the Social and Behavioral Sciences Commons Recommended Citation Bowrey, Graham D. and Smark, Ciorstan J.: Measurement and the decline of moral therapy 2010, 168-176. https://ro.uow.edu.au/hbspapers/1769 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Measurement and the decline of moral therapy Abstract The key theme of this historical paper is to highlight the misallocation of resources that canresult from mis-measurement in social programs. The social phenomenon explored in thispaper is a treatment for mental illness practiced in 19th century Britain called "moral therapy". One of the factors in the rise of moral therapy was that moral therapy asylums could point to mathematical "scientific" cure rates based on discharge and readmission rates to moral therapy asylums. These cure rates were far higher than the cure rates of other, merely custodial institutions of the time.However, failure to properly allow for the difference between acute and chronic mentalillness in the way that cure rates were calculated for these institutions led to a decline infunding for moral therapy asylums.This paper provides a cautionary vignette of how the (mis)use of statistics influenced animportant social policy in 19th century Britain. -
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. -
Visioning a Recovery Oriented Alaska Mental Health
Visioning a Recovery Oriented Jim Gottstein Alaska Mental Health System Jim Gottstein Law Project for Psychiatric Rights http://PsychRights.Org Renewable Resources 2009 Alaska Mental Health Recovery Education Conference May 12, 2009 Fear and Absolution Why Has Society Fear Myth: People Diagnosed with Mental Illness Are Violent Accepted Dubious Absolution By Accepting “Medical Model,” No one is Medical Model? Responsible May 12, 2009 Alaska Recovery Education Conference Psychiatric Symptoms Are Responses If Not Defective Brain, What? to Events/Experiences Examples: Multiple Personalities Other Responses to Trauma Mental Map Reorganization Hearing Voices Common Phenomenon Mania Icarus Project – Time Magazine Last Week May 12, 2009 Alaska Recovery Education Conference May 12, 2009 Alaska Recovery Education Conference 1 While Some People find Didn’t Ascribe Bad Motives to Neuroleptics Helpful . Psychiatrists, but at this Point . Quality of Life Tremendously With Recent Revelations No Longer Plausible Diminished Otherwise Cause Massive Deniability Amount of Harm Why Do They Still Insist on the Drugs Even Life Spans Now 25 Years Shorter Though they Are Largely Ineffective and Greatly Reduce Recovery Always Harmful? Rates Psychiatrists No Longer Know Anything But 6-fold Increase in Mental Illness Disability Rate the Drugs Hugely and Unnecessarily Expensive Huge Unnecessary Human What to Do? Toll May 12, 2009 Alaska Recovery Education Conference May 12, 2009 Alaska Recovery Education Conference Successful Peers Are The Real Experts Recovery – JG Definition Many examples of recovery from “incurable” mental illness. Getting past a diagnosis of mental illness to a Value of Insights Need to point where a person enjoys meaningful activity, Be Recognized has relationships, and where psychiatric Unique ability to relate to people going through the symptoms, if any, do not dominate or even play same thing. -
Agonizing Identity in Mental Health Law and Policy (Part II): a Political Taxonomy of Psychiatric Subjectification
Dalhousie Law Journal Volume 39 Issue 1 Article 5 4-1-2016 Agonizing Identity in Mental Health Law and Policy (Part II): A Political Taxonomy of Psychiatric Subjectification Sheila Wildeman Dalhousie University Follow this and additional works at: https://digitalcommons.schulichlaw.dal.ca/dlj Part of the Law and Psychology Commons Recommended Citation Sheila Wildeman, "Agonizing Identity in Mental Health Law and Policy (Part II): A Political Taxonomy of Psychiatric Subjectification" (2016) 39:1 Dal LJ 147. This Article is brought to you for free and open access by the Journals at Schulich Law Scholars. It has been accepted for inclusion in Dalhousie Law Journal by an authorized editor of Schulich Law Scholars. For more information, please contact [email protected]. Sheila Wildeman* Agonizing Identity in Mental Health Law and Policy (Part II): A Political Taxonomy of Psychiatric Subjectification This is the second part of a two-part essay exploring the function of identity in mental health law and policy or more broadly the function of identity in the politics of mental health. Part one began with the Foucauldian exhortation to undertake a "critical ontology of ourselves," and adopted the methodology of autoethnography to explore the construction or constructedness of the authors identity as an expert working in the area of mental health law and policy. That part concluded with a gesture of resistance to identification on one or the other side of the mental health/ illness divide (the divide of reason and madness), affirming instead an aspiration to carve out a space of contemplation-or rather multiple spaces: fleeting, episodic manifestations of what the author terms "spectral identity"-supportive of reflection on the relational determinants of one's position along a continuum of shared vulnerabilities and capacities, shifting over time and across bio-psycho- social settings in defiance of simplistic binary categories. -
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. -
The Problem of Power in ADHD: a Scoping Review
The Problem of Power in ADHD: A Scoping Review Abraham Joseph Student number 211190287 Supervisor’s Name: Marina Morrow Advisor’s Name: Mary Wiktorowicz Supervisor’s Signature: Date Approved: June 10, 2020 Advisor’s Signature: Date Approved: June 10, 2020 A Research Paper submitted to the Graduate Program in Health in partial fulfillment of the requirements for the degree of: Master of Arts Graduate Program in Health York University Toronto, Ontario M3J 1P3 Defend date: June 10, 2020 1 Table of Contents Table of Contents 2 Abstract 4 Introduction 5 Background 6 Research Goals 12 Theoretical Frameworks/Methodology 14 Research Paradigm 14 Scoping Review Method 17 Search Strategy 18 Inclusion and Exclusion Criteria 20 Data Extraction and Analysis 20 Findings and Discussion 21 Nature of Evidence 21 Places of Psychiatric Power 23 Patterns of Psychiatric Power 26 Problems of Psychiatric Power 38 Strengths and Limitations 55 Implications and Conclusions 57 2 Acknowledgements 59 References 60 Appendix A – Database Search Flow Chart 71 Appendix B – Scoping Review Charting Summary 72 3 Abstract Attention deficit hyperactivity disorder (ADHD) has become the most diagnosed mental health issue for children worldwide. There are substantive critiques of the psychiatric basis for the conceptualization, diagnosis, and treatment that dominate the ADHD context. ADHD discourse and practice are largely influenced by the biomedical framework of mental health and illness. The pervasive, continued acceptance of the dominant biomedical ADHD narrative is problematic in terms of addressing mental health care needs as well as illustrative of the influence and power that psychiatry wields with respect to the ADHD landscape. -
John Conolly and the Historical Interpretation of Moral Management
JOHN CONOLLY AND THE HISTORICAL INTERPRETATION OF MORAL MANAGEMENT By LAURA CHRISTINE WOOD B.A., The University of British Columbia, 1978 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in THE FACULTY OF GRADUATE STUDIES (Department of History) We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA December 1985 c Laura Christine Wood, 1985 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department The University of British Columbia 1956 Main Mall Vancouver, Canada V6T 1Y3 DE-6(3/81) ABSTRACT A number of explanations have been offered to account for the develop• ment and decline of the movement to reform the care and treatment of the insane, which began in Britain in the late eighteenth century, and was to find its most complete expression in the system known as moral management. The traditional or internalist school argues firstly, that humanitarianism was the motivating force behind the changes in the treatment of insanity, and secondly, that conditions for the mad improved because of a growth of medi• cal and scientific knowledge.