NCJ Number
17666
Journal
University of Chicago Law Review Volume: 41 Issue: 4 Dated: (SUMMER 1974) Pages: 825-840
Date Published
1974
Length
16 pages
Annotation
THIS COMMENT EXAMINES VARIATIONS AMONG STATUTORY PROVISIONS FOR INVOLUNTARY COMMITMENT OF THE MENTALLY ILL AND SUBMITS THEM TO DUE PROCESS AND EQUAL PROTECTION ANALYSIS.
Abstract
THE FOUR SUBGROUPS BEING CONSIDERED ARE THE CIVILLY COMMITTED, THE INCOMPETENT TO STAND TRIAL, THE NOT GUILTY BY REASON OF INSANITY, AND MENTALLY ILL CRIMINAL. IN LIGHT OF THE ABOVE ANALYSES THE AUTHOR MAKES THE FOLLOWING CONCLUSIONS. DESPITE RECENT LEGISLATIVE AND JUDICIAL IMPROVEMENTS, DISPARITIES AND DEFICIENCIES CONTINUE TO EXIST IN THE PROTECTION PROVIDED THE VARIOUS SUBGROUPS OF THE INVOLUNTARILY COMMITTED MENTALLY ILL. THESE INCONSISTENCIES ARE CONSTITUTIONALLY IMPERMISSIBLE. WITH THE EXCEPTION OF VARIATIONS IN PRELIMINARY CONFINEMENT FOR OBSERVATION AND SPECIALIZED TREATMENT, THE EQUAL PROTECTION GUARANTEE REQUIRES IDENTICAL STATUTORY COMMITMENT AND RELEASE STANDARDS AND PROCEDURES FOR EACH SUBGROUP. FURTHERMORE, THE DUE PROCESS GUARANTEE REQUIRES STANDARDS AND PROCEDURES THAT WILL PROVIDE SUBSTANTIAL PROTECTION AGAINST UNJUSTIFIED DEPRIVATIONS OF LIBERTY. (AUTHOR ABSTRACT MODIFIED)