Involuntary Detention and Therapeutic Jurisprudence: International Perspectives on Civil Commitment

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? Cover Half Title Dedication Title Copyright Contents Table of Cases Table of Legislation Author Information Preface Acknowledgments PART ONE: INTRODUCTION 1 Introduction PART TWO: INTERNATIONAL APPROACHES 2 A Therapeutic Jurisprudence Model for Civil Commitment 3 Involuntary Treatment: Searching for Principles 4 The Rights of Involuntarily Admitted Psychiatric Patients: European Developments PART THREE: INVOLUNTARY DETENTION OF THOSE WITH MENTAL ILLNESSES 5 Where is the Asylum? 6 Decision-Making by Psychiatrists about Involuntary Detention 7 Choosing Among Options for Compulsory Care 8 All Locked Up with Nowhere to Go: Treatment Refusal in the Involuntarily Hospitalised Psychiatric Population in Canada PART FOUR: REVIEW OF INVOLUNTARY DETENTION DECISION-MAKING 9 The Release of Judge Schreber in Saxony 1902: An Historic Example of Modern Decision-Making about Involuntary Detention 10 Therapeutic Potential in Review of Involuntary Detention 11 Mental Health Review Tribunals 12 Patients' Views of the Mental Health Review Tribunal Procedure in England 13 Discharge of Restricted Patients from Special Hospitals in England and Wales: Law and Practice PART FIVE: LEGAL CRITERIA FOR INVOLUNTARY DETENTION OF THOSE WITH MENTAL ILLNESSES 14 Involuntary Detention Decision-Making, Criteria and Hearing Procedures: An Opportunity for Therapeutic Jurisprudence in Action 15 Capacity and Confinement: When is Detention Not Detention? 16 Insights on "Insight": The Impact of Extra-Legislative Factors on Decisions to Discharge Detained Patients 17 Involuntary Detention of Persons Found Not Guilty of Murder by Reason of Mental Impairment or Found Unfit to Stand Trial: A New Jurisprudence from Victoria PART SIX: INVOLUNTARY OUTPATIENT DETENTION 18 Coerced Community Treatment: International Trends and Outcomes 19 Mandated Community Treatment: The Potential Role of Violence Risk Assessment 20 A Clinical Perspective on Involuntary Outpatient Treatment: Efficacy and Ethics 21 Rights Issues in Compulsory Community Treatment PART SEVEN: INTELLECTUAL DISABILITIES AND INVOLUNTARY DETENTION 22 Throwing Away the Key: People with Intellectual Disability and Involuntary Detention 23 New Zealand's Intellectual Disability (Compulsory Care) Legislation 24 Criteria for Discharge of People with Learning Disabilities: A Comparative Analysis Bibliography Index