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Related Experiment Videos

Are pretrial commitments for forensic evaluation used to control nuisance behavior?

K L Appelbaum1, W H Fisher, Z Nestelbaum

  • 1Department of Psychiatry at the University of Massachusetts Medical School, Worcester 01655.

Hospital & Community Psychiatry
|June 1, 1992
PubMed
Summary

Most individuals with mental illness admitted under criminal commitment statutes could have met civil commitment criteria. However, those with substance abuse or intellectual disabilities were more likely to be criminally committed without meeting civil criteria.

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Area of Science:

  • Forensic Psychiatry
  • Mental Health Law
  • Clinical Psychology

Background:

  • Civil commitment criteria have shifted towards dangerousness.
  • This shift may lead to increased use of criminal commitment for individuals not meeting civil criteria.
  • Criminal commitment is used for competency evaluations, regardless of civil commitment eligibility.

Purpose of the Study:

  • To assess if patients criminally committed for competency evaluations meet civil commitment criteria.
  • To examine the overlap between criminal commitment and civil commitment eligibility.
  • To identify characteristics of individuals committed under criminal statutes who may not meet civil criteria.

Main Methods:

  • Retrospective analysis of patient data from a Massachusetts state hospital.

Related Experiment Videos

  • Assessment of psychiatric symptoms at admission for criminally committed patients.
  • Comparison of criminally committed patients' eligibility for civil commitment.

    • Main Results:

    • Most mentally ill patients committed for pretrial evaluation met criteria for civil commitment.
    • A higher proportion of individuals with substance abuse, intellectual disabilities, or other conditions were criminally committed without meeting civil criteria.
    • Criminal commitment may be used for individuals who do not meet strict civil commitment criteria for mental illness.

    Conclusions:

    • The findings suggest potential overreach of criminal commitment for individuals who could be civilly committed.
    • Criminal commitment statutes may be utilized for individuals with conditions beyond severe mental illness.
    • Policy implications exist regarding the appropriate use of civil versus criminal commitment for psychiatric hospitalization.