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Related Experiment Videos

Why the gap? Practice and policy in civil commitment hearings.

E Turkheimer1, C D Parry

  • 1University of Virginia, Charlottesville 22903-2477.

The American Psychologist
|May 1, 1992
PubMed
Summary

Civil commitment procedures often fail to meet legal standards, with clinical issues overshadowing legal ones. A lack of less restrictive alternatives contributes to this gap in involuntary hospitalization practices.

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Area of Science:

  • Social Sciences
  • Law
  • Psychiatry

Background:

  • Civil commitment procedures are legally mandated for involuntary hospitalization.
  • Empirical studies reveal a consistent failure of these procedures to meet statutory requirements.

Purpose of the Study:

  • Analyze the reasons behind the discrepancy between legal standards and practice in civil commitment.
  • Examine the influence of deinstitutionalization policies on commitment procedures.

Main Methods:

  • Analysis of empirical studies on civil commitment hearings.
  • Review of legal procedures and behavioral standards for involuntary hospitalization.
  • Examination of grounds for commitment and recommitment hearings.

Main Results:

Keywords:
Empirical ApproachLegal ApproachMental Health Therapies

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  • Commitment hearings are infrequently adversarial, with clinical concerns often prioritized over legal considerations.
  • Deinstitutionalization policies present challenges to effective civil commitment.
  • A significant gap exists between legal requirements and actual implementation.

Conclusions:

  • The absence of viable, less restrictive alternatives to inpatient treatment is a primary cause for the failure of civil commitment procedures.
  • Recommitment hearings present particular difficulties.
  • Policy and practice in civil commitment require reform to align with legal standards.