NCJ Number
18151
Journal
Marquette Law Review Volume: 58 Issue: 1 Dated: (1975) Pages: 87-107
Date Published
1975
Length
21 pages
Annotation
EXAMINES THE ACT AS TO ITS CONSTITUTIONALITY IN PRESERVING INDIVIDUAL RIGHTS IN THE LIGHT OF THE LESSARD V. SCHMIDT DECISION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN.
Abstract
THE ALCOHOLISM AND INTOXICATION TREATMENT ACT OF WISCONSIN INTENDS THAT ALCOHOLICS AND INTOXICATED PERSONS NOT BE SUBJECTED TO CRIMINAL PROSECUTION BECAUSE OF THEIR CONSUMPTION OF ALCOHOLIC BEVERAGES BUT RATHER SHOULD BE AFFORDED A CONTINUUM OF TREATMENT. DEFINITIONS OF 'ALCOHOLIC', 'INCAPACITATED BY ALCOHOL', AND 'INTOXICATED PERSON' ARE EXAMINED AS DESCRIBED IN THE ACT. THE NATURE OF THE VOLUNTARY TREATMENT OF ALCOHOLICS, THE EMERGENCY TREATMENT FOR INTOXICATED PERSONS OR PERSONS INCAPACITATED BY ALCOHOL, EMERGENCY COMMITMENT, AND INVOLUNTARY COMMITMENT ARE ANALYZED. THE SECTIONS OF THE ACT MOST EXTENSIVELY CHANGED IN THE REVISION DEALT WITH PROCEDURAL MECHANISMS FOR SECURING TREATMENT FOR INTOXICATED PERSONS AND ALCOHOLICS. THE REVISIONS INTEND TO ADOPT THE GUIDELINES FOR DUE PROCESS IN CIVIL COMMITMENT ACTIONS LAID DOWN IN LESSARD V. SCHMIDT. LESSARD WAS A CLASS ACTION WHICH CHALLENGED THE CONSTITUTIONALITY OF WISCONSIN'S MECHANISM FOR THE CIVIL COMMITMENT OF ALLEGED MENTALLY ILL, MENTALLY INFIRM, OR MENTALLY DEFICIENT PERSONS. THE AUTHOR CONSIDERS THAT THE REVISIONS OF THE ACT ARE NECESSARILY COMPLEX IN EFFECTIVELY PROTECTING THE RIGHTS OF THE INDIVIDUAL WHILE OFFERING THE PROBABILITY OF SUCCESS IN ACHIEVING INTENDED GOALS IN THE TREATMENT OF INEBRIATED PERSONS.