Psychology: Due Process of Law (part 2)
If Mrs. Lake's case serves to teach anything, it is that once behavior is described
or "explained" in terms of psychological abnormality, it encourages
people to think of a different set of "solutions" than they would if it had
been explained as the normal product of rational decision making. And because,
as we have said, nothing less than deprivation of liberty is involved in
involuntary commitment, it seems only reasonable to provide the psychologically
distressed with the same privileges that are afforded to anyone
whose liberty is threatened by state action-to criminal defendants, for example.
These rights and privileges are collectively called "due process of
law" and include:
or "explained" in terms of psychological abnormality, it encourages
people to think of a different set of "solutions" than they would if it had
been explained as the normal product of rational decision making. And because,
as we have said, nothing less than deprivation of liberty is involved in
involuntary commitment, it seems only reasonable to provide the psychologically
distressed with the same privileges that are afforded to anyone
whose liberty is threatened by state action-to criminal defendants, for example.
These rights and privileges are collectively called "due process of
law" and include:
- The right to be notified of trial in a timely manner
- · The right to trial by jury
- · The right to be present at one's own trial
- · The right to legal counsel and the appointment of counsel in a timely manner
- · The right to exclude unreliable evidence, such as hearsay evidence, from the testimony
- · The right to challenge witnesses
- · The privilege against self-incrimination
- · The right to counsel at all interviews, including psychiatric interviews
- · The right to know, with considerable precision, which laws one has violated and under which laws one stands accused.
In one case, Lessard v. Schmidt, Alberta Lessard complained that these
very rights and privileges had been violated in her own involuntary commitment.
Moreover, she argued that she had been detained without benefit
Of a hearing for better than three weeks, and could have been detained for as
long as 145 days. The court held that Ms. Lessard's rights had been grossly
violated and that all of her complaints were justified. * Commitment to a
psychiatric hospital, the court held, may involve a serious restriction of individual
rights. Those adjudged to be mentally ill, for example, like convicted
felons, are unable to vote and may not serve on a jury. They may not drive a
car. Their right to practice certain professions is restricted, as are their rights
to make contracts, to sue, and to be sued. Those restrictions distinguish psychiatric
from other kinds of medical care, and require that special attention
be paid to due process issues.
In further support of its view that the psychologically distressed are entitled
to due process, in the Lessard case, the court pointed out that psychiatric
hospitalization may not be an entirely therapeutic experience.
Perhaps the most serious possible effect of a decision to commit an individual lies
in the statistics which indicate that an individual committed to a mental institution
has a much greater chance of dying than if he were left at large. Data compiled
in 1966 indicate that while the death rate per 1000 persons in the general
population in the United States each year is only 9.5, the rate among resident
mental patients is 91.8.... Figures for Wisconsin are similar. One study showed
a death rate for the Wisconsin populace in general of 9.7 per 1000 population per
year (or less than one per cent) and a death rate in Wisconsin mental institutions
of85.1 per thousand (or 8.51 percent).
Although part of this difference may be accounted for by a large number of
older persons in mental institutions, studies indicate that other factors also are involved.
One factor is the smaller number of physicians per patient in public mental
institutions in" comparison to the ratio of doctors to individuals in the general
population.... The damage done is not confined to a small number among the
population. In 1963, 679,000 persons were confined in mental institutions in the
United States; only 250,000 persons were incarcerated in all prisons administered
by the states and federal government.... It would thus appear that the interests in
avoiding civil commitments are at least as high as those of persons accused of
criminal offenses.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Looking for treatment?
If you are ready to schedule a FREE Consultation...
I encourage you to access this website
for the treatment I recommend here:
http://www.TheLiberatorMethod.com/
very rights and privileges had been violated in her own involuntary commitment.
Moreover, she argued that she had been detained without benefit
Of a hearing for better than three weeks, and could have been detained for as
long as 145 days. The court held that Ms. Lessard's rights had been grossly
violated and that all of her complaints were justified. * Commitment to a
psychiatric hospital, the court held, may involve a serious restriction of individual
rights. Those adjudged to be mentally ill, for example, like convicted
felons, are unable to vote and may not serve on a jury. They may not drive a
car. Their right to practice certain professions is restricted, as are their rights
to make contracts, to sue, and to be sued. Those restrictions distinguish psychiatric
from other kinds of medical care, and require that special attention
be paid to due process issues.
In further support of its view that the psychologically distressed are entitled
to due process, in the Lessard case, the court pointed out that psychiatric
hospitalization may not be an entirely therapeutic experience.
Perhaps the most serious possible effect of a decision to commit an individual lies
in the statistics which indicate that an individual committed to a mental institution
has a much greater chance of dying than if he were left at large. Data compiled
in 1966 indicate that while the death rate per 1000 persons in the general
population in the United States each year is only 9.5, the rate among resident
mental patients is 91.8.... Figures for Wisconsin are similar. One study showed
a death rate for the Wisconsin populace in general of 9.7 per 1000 population per
year (or less than one per cent) and a death rate in Wisconsin mental institutions
of85.1 per thousand (or 8.51 percent).
Although part of this difference may be accounted for by a large number of
older persons in mental institutions, studies indicate that other factors also are involved.
One factor is the smaller number of physicians per patient in public mental
institutions in" comparison to the ratio of doctors to individuals in the general
population.... The damage done is not confined to a small number among the
population. In 1963, 679,000 persons were confined in mental institutions in the
United States; only 250,000 persons were incarcerated in all prisons administered
by the states and federal government.... It would thus appear that the interests in
avoiding civil commitments are at least as high as those of persons accused of
criminal offenses.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Looking for treatment?
If you are ready to schedule a FREE Consultation...
I encourage you to access this website
for the treatment I recommend here:
http://www.TheLiberatorMethod.com/