
Overview
Table of Contents | |
About the Authors | I |
Introduction | 1 |
The References Chapter | 5 |
Part I: Persons with Mental Disabilities in | 11 |
Institutional and Community Settings | |
Chapter 1. Involuntary Civil Commitment | 11 |
A. Civil patients | 11 |
1. Need to use formal powers in the commitment | 11 |
process | |
2. Preventive detention | 15 |
B. Sexually violent predator laws | 20 |
1. The relationship of SVPA laws to the civil | 20 |
commitment power | |
Chapter 2. Institutional Rights | 24 |
A. The right to sexual interaction | 24 |
1. Autonomy issues | 24 |
2. Refusal to allow condoms to detained patients | 30 |
B. The right to refuse treatment | 34 |
1. Medication | 34 |
2. Restraints | 36 |
C. The right to deinstitutionalization | 38 |
Chapter 3. Tort law | 40 |
A. The failure to commit | 40 |
B. The failure to retain/prevent patient from leaving | 47 |
hospital |
C. Tort liability to victim for harm caused by patient | 52 |
D. Mistreatment in an institution: Treatment for a | 56 |
disorder which does not justify detention | |
E. The “duty to protect” | 60 |
Chapter 4. The criminal trial process | 70 |
A. In competency to stand trial | 70 |
1. Evaluations | 70 |
2. Restoration to competency | 73 |
3. The right to refuse medication | 75 |
B. The insanity defense | 81 |
1. The scope of expert testimony | 81 |
2. Commitments following an insanity acquittal | 87 |
C. At trial | 89 |
1. Issues of mitigation | 89 |
D. The death penalty | 91 |
1. Testimony as to future dangerousness | 91 |
2. The need for additional testing | 96 |
3. The use of medication to make a death row | 98 |
inmate competent to be executed | |
Part II: From Informed Consent to Conflicts | 101 |
of Interest to Informed Consent | |
Chapter 1. Relationships with drug companies, hospitals, | 101 |
supervisors, employees, professional colleagues and | |
patients | |
Chapter 2. Other ethical dilemmas | 129 |
Chapter 3. Informed consent | 139 |
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