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Law Concerning Care of the Mentally Ill Prisoner

NCJ Number
114889
Journal
Criminologie Volume: 21 Issue: 2 Dated: (1988) Pages: 13-25
Author(s)
G Ferguson
Date Published
1988
Length
13 pages
Annotation
Laws concerning prisoners and the psychiatric treatment of inmates are neither clear, comprehensive, nor readily accessible to those affected.
Abstract
Several factors contributing to this state of 'lawlessness' are examined. While the enactment of the Canadian Charter of Rights and Freedoms has probably increased prisoners' rights to treatment, this right has not yet been tested before the courts, nor has its meaning been clearly defined. Prisoners' rights to refuse treatment are discussed, as are the differing criteria for involuntary treatment laid out by the Provincial mental health acts. Finally, the legal liability of health care professionals who treat or fail to treat accused or convicted offenders is addressed. 34 footnotes. (Author abstract modified)

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