NCJ Number
40043
Date Published
1976
Length
111 pages
Annotation
DISCUSSION OF RECENT LEGAL DEVELOPMENTS AFFECTING THE CONFINEMENT, TREATMENT, AND RELEASE OF SPECIAL CATEGORIES OF MENTALLY ILL PATIENTS AND OFFENDERS.
Abstract
THIS MONOGRAPH DEALS WITH THE WIDE VARIETY OF SPECIAL LEGAL-MEDICAL TERMS ASSIGNED TO INDIVIDUALS WHO HAVE BEEN LABELED AS MENTALLY ILL, DANGEROUS OFFENDERS, SEXUAL PSYCHOPATHS, DEFECTIVE DELINQUENTS, NOT GUILTY BY REASON OF INSANITY, INCOMPETENT TO STAND TRIAL OR CIVILLY COMMITTED. THE PROCEDURES BY WHICH THESE CATEGORIES OF PEOPLE ARE CONFINED, TREATED AND RELEASED ARE BOTH CIVIL AND CRIMINAL IN NATURE. DEPENDING ON THE CIRCUMSTANCES THE LABEL MAY BE APPLIED AFTER CONVICTION OF A CRIMINAL OFFENSE, BEFORE TRIAL BUT AFTER BEING CHARGED OR, IN CIVIL CASES, WITHOUT ANY CHARGE. THE AUTHOR, A PROFESSOR AT THE UNIVERSITY OF ARIZONA LAW SCHOOL, EXAMINES THE RECENT LEGAL AND CONSTITUTIONAL DEVELOPMENTS, INCLUDING MAJOR COURT DECISIONS, IN THE CONFINEMENT OF THESE SPECIAL CATEGORIES OF INDIVIDUALS. ISSUES COVERED INCLUDE THE TREND TOWARD FULL PROCEDURAL DUE PROCESS, DECARCERATION, RIGHT TO TREATMENT, INFORMED CONSENT, INDETERMINATE CONFINEMENT, INVOLUNTARY TRANSFER AND NEED OF SECURITY. BECAUSE THE DEFINITIONS OF SOME CATEGORIES ARE PREDICATED ON FUTURE DANGEROUSNESS, THE VALIDITY OF PREDICTION IS AN ISSUE. THE DESIGNATIONS OF NOT GUILTY BY REASON OF INSANITY AND INCOMPETENT TO STAND TRIAL ARE CRITICALLY EVALUATED WITH PROCEDURAL RECOMMENDATIONS. THE FINAL CHAPTER CONTAINS CONCLUSIONS, RECOMMENDATIONS AND POLICY IMPLICATIONS, INCLUDING A REVIEW OF LEGISLATIVE PROPOSALS. TWENTY PAGES OF FOOTNOTES AND REFERENCES ARE PROVIDED....MSP