Mental Health - United States ex rel. Mathew v. Nelson - Civil Commitment of the Mentally Ill Based on a Finding of Dangerousness Is Constitutional, Even Though Dangerousness Is Not Inferred from a Recent, Overt Dangerous Act
نویسنده
چکیده
منابع مشابه
Donaldson revisited: is dangerousness a constitutional requirement for civil commitment?
The Supreme Court decision O'Connor v. Donaldson (1975) has been widely interpreted to assert that dangerousness is a constitutional requirement for civil commitment. This interpretation is a misreading of the decision, which actually addressed the conditions disallowing indefinite, involuntary custodial confinement and not the requirements for an initial commitment. An excessive reliance on da...
متن کاملExtended civil commitment for dangerous psychiatric patients.
Mental health clinicians are increasingly held civilly liable for the dangerous acts of their psychiatric patients. One area of liability is the negligent release of involuntarily committed patients who engage in dangerous acts after their hospital discharge. All states have provisions for extended involuntary commitment for mentally ill dangerous patients. We examined extended civil commitment...
متن کاملEvaluations of dangerousness.
The Supreme Court decided in O'Connor v. Donaldson that mentally ill people who were not dangerous and who could survive safely in the community could not be kept in a mental hospital against their will. In 1976, a project evaluated the legality of the commitments of 107 patients in a State mental hospital. The review was conducted by three panels, each composed of a law student, a resident psy...
متن کاملCivil commitment in the psychiatric emergency room. II. Mental disorder indicators and three dangerousness criteria.
Proponents of return to a "need for treatment" standard for civil commitment contend that the current dangerousness standard forces psychiatrists to neglect severely ill patients in favor of those who are less ill but dangerous to others. Among 198 psychiatric emergency patients in five facilities, those rated as most dangerous on Three Ratings of Involuntary Admissibility, a reliable index of ...
متن کاملThe prediction of violent behavior during short-term civil commitment.
The predictive validity of the clinical judgment of dangerousness in the context of short-term civil commitment was studied prospectively by comparing the behavioral scale ratings of both verbal and physical aggression between 37 persons committed on the basis of "danger to others" versus 31 persons committed on other grounds. No statistically significant difference was found between these two ...
متن کامل