Biomaterial Database

Outpatient civil commitment: a dangerous charade or a component of a comprehensive institution of civil commitment? 2003

Robert F Schopp

University of Nebraska College of Law, P.O. Box 830902, Lincoln, NE 68583-0902, USA. rschoppl@unl.edu

This article examines three criticisms frequently directed toward preventive commitment as one form of outpatient commitment. These criticisms contend that preventive commitment (a) abandons the dangerousness criteria for civil commitmnet, (b) promotes unwarranted inpatient commitment of those who do not meet civil commitment criteria, and (c) undermines important individual liberties by diluting the right to refuse treatment. Understanding and evaluating these criticisms requires analysis of the intersection among empirical, conceptual, and justificatory claims. According to the analysis presented here, advocates of preventive commitment can defend a legitimate role for preventive commitment. This analysis applies to preventive commitment as a dispositional alternative within a comprehensive institution of civil commitment involving distinct parens patriae and police power components.

UI	MeSH Term	Description	Entries
D010349	Patient Compliance	Voluntary cooperation of the patient in following a prescribed regimen.	Client Adherence,Client Compliance,Non-Adherent Patient,Patient Adherence,Patient Cooperation,Patient Noncompliance,Patient Non-Adherence,Patient Non-Compliance,Patient Nonadherence,Therapeutic Compliance,Treatment Compliance,Adherence, Client,Adherence, Patient,Client Compliances,Compliance, Client,Compliance, Patient,Compliance, Therapeutic,Compliance, Treatment,Cooperation, Patient,Non Adherent Patient,Non-Adherence, Patient,Non-Adherent Patients,Non-Compliance, Patient,Nonadherence, Patient,Noncompliance, Patient,Patient Non Adherence,Patient Non Compliance,Patient, Non-Adherent,Therapeutic Compliances,Treatment Compliances
D011618	Psychotic Disorders	Disorders in which there is a loss of ego boundaries or a gross impairment in reality testing with delusions or prominent hallucinations. (From DSM-IV, 1994)	Psychoses,Psychosis, Brief Reactive,Schizoaffective Disorder,Schizophreniform Disorders,Psychosis,Brief Reactive Psychoses,Brief Reactive Psychosis,Disorder, Psychotic,Disorder, Schizoaffective,Disorder, Schizophreniform,Disorders, Psychotic,Disorders, Schizoaffective,Disorders, Schizophreniform,Psychoses, Brief Reactive,Psychotic Disorder,Reactive Psychoses, Brief,Reactive Psychosis, Brief,Schizoaffective Disorders,Schizophreniform Disorder
D002961	Civil Rights	Legal guarantee protecting the individual from attack on personal liberties, right to fair trial, right to vote, and freedom from discrimination on the basis of race, color, religion, sex, age, disability, or national origin. (from http://www.usccr.gov/ accessed 1/31/2003)	Due Process,Minority Rights,Equal Protection,Legal Rights,Voting Rights,Civil Right,Legal Right,Minority Right,Protection, Equal,Right, Civil,Right, Legal,Right, Minority,Right, Voting,Rights, Civil,Rights, Legal,Rights, Minority,Rights, Voting,Voting Right
D003068	Coercion	The use of force or intimidation to obtain compliance.
D003134	Commitment of Mentally Ill	Legal process required for the institutionalization of a patient with severe mental problems.	Outpatient Commitment,Commitment, Outpatient,Mentally Ill Commitments
D003156	Community Mental Health Services	Diagnostic, therapeutic and preventive mental health services provided for individuals in the community.	Community Mental Health Service,Mental Health Services, Community,Assertive Community Treatment,Health Services, Community Mental,Services, Community Mental Health,Services, Mental Health Community,Community Treatment, Assertive,Treatment, Assertive Community
D003416	Criminal Law	A branch of law that defines criminal offenses, regulates the apprehension, charging and trial of suspected persons, and fixes the penalties and modes of treatment applicable to convicted offenders.	Criminal Justice,Criminal Laws,Justice, Criminal,Law, Criminal,Laws, Criminal
D003617	Dangerous Behavior	Actions which have a high risk of being harmful or injurious to oneself or others.	Behavior, Dangerous,Dangerousness,Hazardous Behavior,Behavior, Hazardous,Behaviors, Hazardous,Dangerous Behaviors,Hazardous Behaviors
D005610	Freedom	The rights of individuals to act and make decisions without external constraints.	Liberty,Libertarianism,Freedoms
D006801	Humans	Members of the species Homo sapiens.	Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man