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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