International developments within the last twenty years have demonstrated controversial shifts in treatment for people with mental illnesses and the care of persons with intellectual disabilities. These shifts have been apparent in an emphasis on deinstitutionalization, increased scrutiny of detention and discharge decisions and, in some countries, in enforced treatment and care in the community. As we become increasingly conscious of the political and moral dimensions of civil commitment, these concerns are reflected in the professional literature, but this does not often enough focus on issues of clinical and legal principle, nor is it in a form which encourages comparative analysis. This collection draws on contributors from the UK, the USA, Australia, the Netherlands, Canada and New Zealand, who share a commitment to evaluating whether the civil detention processes protect the liberty, dignity and justice interests of those with mental illnesses and intellectual disabilities. The book is written from a therapeutic jurisprudence perspective and poses a number of questions with international application, such as: Are more categories of people being detained? Is involuntary detention serving new purposes? Are different forms of detention gaining credence and being more widely utilized? And, are admission decisions and review of detention decisions transparent, consistent, and just?
Formatted Contents Note
part One Introduction chapter 1 Introduction / Kate Diesfeld part TwoInternational Approaches chapter 2 A Therapeutic Jurisprudence Model for Civil Commitment / Bruce J Winick chapter 3 Involuntary Treatment: Searching for Principles / Genevra Richardson chapter 4 The Rights of Involuntarily Admitted Psychiatric Patients: European Developments / Johan Legemaate part Three Involuntary Detention of those with Mental Illnesses chapter 5 Where is the Asylum? / Suzy Stevens chapter 6 Decision-Making by Psychiatrists about Involuntary Detention / Ruth Vine chapter 7 Choosing Among Options for Compulsory Care / John Dawson chapter 8 All Locked Up with Nowhere to Go: Treatment Refusal in the Involuntarily Hospitalised Psychiatric Population in Canada / Mona Gupta part Four Review of Involuntary Detention Decision-Making chapter 9 The Release of Judge Schreber in Saxony 1902: An Historic Example of Modern Decision-Making about Involuntary Detention / Ian Freckelton chapter 10 Therapeutic Potential in Review of Involuntary Detention / Stephanie Du Fresne chapter 11 Mental Health Review Tribunals / Elizabeth Perkins chapter 12 Patients' Views of the Mental Health Review Tribunal Procedure in England / Nicola Ferencz chapter 13 Discharge of Restricted Patients from Special Hospitals in England and Wales: Law and Practice / Lucy Scott-Moncrieff part Five Legal Criteria for Involuntary Detention of those with Mental Illnesses chapter 14 Involuntary Detention Decision-Making, Criteria and Hearing Procedures: An Opportunity for Therapeutic Jurisprudence in Action / Ian Freckelton chapter 15 Capacity and Confinement: When is Detention Not Detention? / Peter Βartlett chapter 16 Insights on / Kate Diesfeld chapter 17 Involuntary Detention of Persons Found Not Guilty of Murder by Reason of Mental Impairment or Found Unfit to Stand Trial: A New Jurisprudence from Victoria / Ian Freckelton part Six Involuntary Outpatient Detention chapter 18 Coerced Community Treatment: International Trends and Outcomes / Virginia Aldige' Hiday chapter 19 Mandated Community Treatment: The Potential Role of Violence Risk Assessment / John Monahan chapter 20 A Clinical Perspective on Involuntary Outpatient Treatment: Efficacy and Ethics / Alexander I F Simpson chapter 21 Rights Issues in Compulsory Community Treatment / Sylvia Bell part Seven Intellectual Disabilities and Involuntary Detention chapter 22 Throwing Away the Key: People with Intellectual Disability and Involuntary Detention / Kelley Johnson chapter 23 New Zealand's Intellectual Disability (Compulsory Care) Legislation / Warren J Brookbanks chapter 24 Criteria for Discharge of People with Learning Disabilities: A Comparative Analysis / Kate Diesfeld.