Involuntary Detention and Therapeutic Jurisprudence: International Perspectives on Civil Commitment

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ISBN: 9780754622666 | 0754622665
Cover: Hardcover
Copyright: 10/28/2003

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This insightful 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.

Table of Cases

Table of Legislation

xvii

Author Information

xxi

Preface

xxxiii

Acknowledgments

xliii

PART ONE: INTRODUCTION

Introduction

(20)

Kate Diesfeld

Ian Freckelton

PART TWO: INTERNATIONAL APPROACHES

A Therapeutic Jurisprudence Model for Civil Commitment

(32)

Bruce J Winick

Involuntary Treatment: Searching for Principles

(20)

Genevra Richardson

The Rights of Involuntarily Admitted Psychiatric Patients: European Developments

(20)

Johan Legemaate

PART THREE: INVOLUNTARY DETENTION OF THOSE WITH MENTAL ILLNESSES

Where is the Asylum?

(18)

Suzy Stevens

Decision-Making by Psychiatrists about Involuntary Detention

113

(20)

Ruth Vine

Choosing Among Options for Compulsory Care

133

(22)

John Dawson

All Locked Up with Nowhere to Go: Treatment Refusal in the Involuntarily Hospitalised Psychiatric Population in Canada

155

(26)

Mona Gupta

PART FOUR: REVIEW OF INVOLUNTARY DETENTION DECISION-MAKING

The Release of Judge Schreber in Saxony 1902: An Historic Example of Modern Decision-Making about involuntary Detention

181

(22)

Ian Freckelton

Therapeutic Potential in Review of Involuntary Detention

203

(18)

Stephanie du Fresne

Mental Health Review Tribunals

221

(20)

Elizabeth Perkins

Patients' Views of the Mental Health Review Tribunal Procedure in England

241

(22)

Nicola Ferencz

Discharge of Restricted Patients from Special Hospitals in England and Wales: Law and Practice

263

(30)

Lucy Scott-Moncrieff

PART FIVE: LEGAL CRITERIA FOR INVOLUNTARY DETENTION OF THOSE WITH MENTAL ILLNESSES

Involuntary Detention Decision-Making, Criteria and Hearing Procedures: An Opportunity for Therapeutic Jurisprudence in Action

293

(46)

Ian Freckelton

Capacity and Confinement: When is Detention Not Detention?

339

(20)

Peter Bartett

Insights on ``Insight'': The Impat of Extra-Legislative Factors on Decisions to Discharge Detained Patients

359

(24)

Kate Diesfeld

Involuntary Detention of Persons Found Not Guilty of Murder by Reason of Mental Impairment of Found Unfit to Stand Trial: A New Jurisprudence from Victoria

383

(52)

Ian Freckelton

PART SIX: INVOLUNTARY OUTPATIENT DETENTION

Coerced Community Treatment: International Trends and Outcomes

435

(20)

Virginia Aldige' Hiday

Mandated Community Treatment: The Potential Role of Violence Risk Assessment

455

(14)

John Monhan

A Clinical Perspectice on Involuntary Outpatient Treatment: Efficacy and Ethics

469

(16)

Alexander I F Simpson

Rights Issues in Compulsory Community Treatment

485

(20)

Sylvia Bell

PART SEVEN: INTELLECTUAL DISABILITIES AND INVOLUNTARY DETENTION

Throwing Away the Key: People with Intellectual Disability and Involuntary Detention

505

(24)

Kelley Johnson

Sue Tait

New Zealand's Intellectual Disability (Compulsory Care) Legislation

529

(24)

Warren J Brookbanks

Criteria for Discharge of People with Learning Disabilities: A Comparative Analysis

553

(26)

Kate Diesfeld

Bibliography

579

(44)

Index

623

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Involuntary Detention and Therapeutic Jurisprudence: International Perspectives on Civil Commitment

Summary

Table of Contents

Supplemental Materials