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Psychiatric Ethics and the Rights of Persons with Mental Disabilities in Institutions and the Community
F\pub_doc\F8CC42E6CFBD9310\Psychiatric Ethics and the Rights of Persons with Mental Disabilities in Institutions and the Community.bmp ISBN: 965-7077-39-7
Publication Date: 2008
Categories: Case book series
UNESCO Chair in Bioethics
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
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
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  
Chapter 2. Other ethical dilemmas 129
Chapter 3. Informed consent 139
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