The civil commitment process is increasingly influenced by criminal justice procedures.
Patients face stricter confinement criteria, requiring proof of danger to others.
Due-process requirements from criminal law are being applied to civil commitments.
Purpose of the Study:
To analyze the impact of criminal justice procedures on civil commitment.
To evaluate the effectiveness and consequences of these procedural changes.
To identify the primary areas of abuse within the commitment and discharge process.
Main Methods:
Analysis of legal actions by federal district courts and state legislatures.
Review of due-process procedures in the context of civil commitment.
Examination of patient treatment and community survival post-commitment.
Main Results:
Allegations of patients being "railroaded" into hospitals are largely unsubstantiated.
Existing abuses are better addressed through habeas corpus and malpractice suits.
The primary abuse occurs at discharge, not admission, due to inadequate community services.
Conclusions:
The application of criminal justice procedures to civil commitment has unintended negative consequences for patient treatment and community integration.
Current legal remedies are sufficient for addressing admission-related abuses.
The critical issue in civil commitment is the lack of community support services for discharged patients.