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Full-Text Articles in Medical Jurisprudence

Due Process Supreme Court Appellate Division Jul 2019

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.


Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer Dec 2016

Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer

Journal of Law and Health

In recent years, psychiatrists have become ever more prevalent in American courtrooms. Consequently, the issue of when the usual rules of medical ethics should apply to forensic psychiatric encounters has taken on increased importance and is a continuing topic of discussion among both legal and medical scholars. A number of approaches to the problem of forensic psychiatric ethics have been proposed, but none adequately addresses the issues that arise when a forensic encounter develops therapeutic characteristics. This article looks to the rules governing the lawyer-client relationship as a model for a new approach to forensic psychiatric ethics. This new model …


Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt Nov 2015

Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt

Seattle University Law Review

On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified to …


Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen May 1961

Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen

Michigan Law Review

A Review of Confidentiality and Privileged Communication in the Practice of Psychiatry. Group for the Advancement of Psychiatry.


Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross May 1959

Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross

Michigan Law Review

A number of recent events makes it timely to reconsider certain aspects of the relation between psychiatry and the law. In the past decade, both the public and the legal profession have been increasingly concerned with the impact of mental illness on the law. In 1952, an outstanding text, Psychiatry and The Law, was published as the joint effort of a lawyer and a psychiatrist. Two years later the Durham case laid down a new test of insanity in criminal cases, rejecting the M'Naghten rule. Interest in the case resulted in a host of law review articles, symposiums, and …


Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed. May 1959

Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.

Michigan Law Review

The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …


Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross Jan 1955

Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross

Michigan Law Review

In 1949, the last year for which accurate statistics are available, 390,567 persons were admitted to mental hospitals in the United States. Total annual cost of mental illness, including loss of earnings, has been estimated to be over a billion dollars a year. Although the problems involved in admission of the mentally ill patient to a hospital are usually thought of in terms of formal involuntary commitment proceedings, there is an increasing awareness of the desirability of provision for voluntary procedures which would encourage prompt and effective medical care. Voluntary admission is not a form of commitment, although it may …