Civil commitment Flashcards
Lake v Cameron
DC hospital - established the LEAST RESTRICTIVE ALTERNATIVE in civil commitment
Rouse v Cameron
DC hospital - dude found NGRI and hospitalized for 4 years even though the crime he was charged with would have had a ONE year sentence
SCOTUS held that people institutionalized after NGRI have a constitutional right to treatment while hospitalized
Lessard v Schmidt
Wisconsin class action lawsuit
Court ruled that WI’s involuntary commitment laws were unconstitutional
- established very high protections for civil commitment, equal to that of criminal commitment
- required proof BEYOND A REASONABLE DOUBT they are dangerous
standard was too high because of the difficulty of predicting risk and diagnosis
Canterbury v Spence
Established the reasonable professional standard for disclosure re: informed consent
Canterbury guideline: detailed disclosures of potential risks to medical procedures
Wyatt v Stickney
right-to-treatement litigation
Alabama federal court ruled that people with mental disabilities had a constitutional right to treatment with MINIMUM STANDARDS OF CARE
O’Connor v Donaldson
Donaldson was committed for 15 years without treatment
SCOTUS ruled that the state can’t civilly commit unless the person is a DANGER
Addington v Texas
Addington was charged for assaulting his mother who then filed a petition for commitment
- he was sent to the hospital and argued that the standard for him to be committed should BRD but…
SCOTUS said BRD is too strict and people might not get the help they need so the standard should be clear and convincing
Parham v J.R.
juvenile class action for due process violation
SCOTUS held that parental rights outweigh juvenile due process re: civil commitment
- juveniles could be committed because parents usually have their kids’ best interests in mind
- just needed an independent judgment by a neutral fact-finder AND
- periodic reviews but not necessarily by the courts
Rennie v Klein
first case to establish that someone who has been civilly committed can refuse meds
among first cases to establish that this right is in the constitution
Youngberg v Romeo
Established consitutional rights for people with ID.
Romeo was in the Pennsylvania state hospital and was restrained and physically abused for months
SCOTUS ruling established that constitutional rights are afforded to people with ID and are involuntarily committed to state institutions
- BUT court will accept the state’s professional judgment about necessity of medication
Zinermon v Burch
man was hospitalized in FL after being seen wandering and disoriented
SCOTUS stated that hospitals need to provide procedural protections even when patients have been voluntarily admitted
- such as requiring a hearing despite being voluntary
- APA proposed an assenting pt be accepted as voluntary if they understand they’re being admitted for treatment and that release isn’t necessarily automatic
Foucha v Louisiana
Foucha found NGRI and committed, later diagnosed with ASPD but remained hospitalized
Court ruled that he couldn’t remain committed just based on risk of future dangerousness
- needed to have a mental illness
- ASPD wasn’t sufficient
Commitment requires - SMI and potential dangerousness
Heller v Doe
SCOTUS upheld Kentucky’s involuntary commitment procedures for people with ID, possibly because tx for people with ID is less intrusive than tx for psychiatric care
- this included lower standard of proof and
- giving party status to the family
Kansas v Hendricks
SCOTUS upheld SVP statutes
Kansas v Crane
SCOTUS clarified Hendricks
- volitional impairment needed to be “serious difficulty controlling bx” and NOT “complete lack of control”
United States v Tom
appellate court affirmed SVP commitment of inmate two days before his release
United States v Comstock
Involved 5 federal inmates who were petitioned for civil commitment under the Adam Walsh Act 2006
SCOTUS upheld and stated the law was constitutional
