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Articles 1 - 13 of 13
Full-Text Articles in Medical Jurisprudence
The Science Of Solitary: Expanding The Harmfulness Narrative, Craig Haney
The Science Of Solitary: Expanding The Harmfulness Narrative, Craig Haney
Northwestern University Law Review
The harmful effects of solitary confinement have been established in a variety of direct observations and empirical studies that date back to the nineteenth century, conducted in many different countries by researchers with diverse disciplinary backgrounds. This Essay argues that these effects should be situated and understood in the context of a much larger scientific literature that documents the adverse and sometimes life- threatening psychological and physical consequences of social isolation, social exclusion, loneliness, and the deprivation of caring human touch as they occur in free society. These dangerous conditions are the hallmarks of solitary confinement. Yet they are imposed …
Due Process Supreme Court Appellate Division
Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer
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
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 …
The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois
The Liability Of Psychotherapists For Breach Of Confidentiality, Ellen W. Grabois
Journal of Law and Health
This paper will try to reconstruct the legal and ethical underpinnings of the confidential relationship of psychotherapist and patient, and will also touch upon the psychotherapist-patient testimonial privilege and its exceptions. It will then describe the liability of psychotherapists for breach of confidentiality based on contract and tort. It will conclude with some evaluation of this type of cause of action, and its future usefulness in the law..
Legal Representation Of The Mentally Ill, James R. Elkins
Legal Representation Of The Mentally Ill, James R. Elkins
West Virginia Law Review
The "rights revolution," sparked by the United States Supreme Court under the leadership of former Chief Justice Earl Warren, has abated as the Court modifies and in some instances emasculates the constitutional rights afforded criminal defendants. While the Supreme Court assumes a more “moderate" position regarding the rights of criminal defendants and takes a closer look at due process decisions generally, the "rights revolution" has had substantial spillover effect in the case of individuals confined involuntarily in mental institutions. The courts, especially federal courts, have recognized the constitutional basis of procedural and substantive safeguards for individuals subject to commitment in …
Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen
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
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.
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 …
Psychiatric Challenge Of Witnesses, Thomas E. Watts Jr.
Psychiatric Challenge Of Witnesses, Thomas E. Watts Jr.
Vanderbilt Law Review
Although insane' persons were incompetent as witnesses at early common law, the modern view is that the effect of mental illness upon competency is a preliminary question for the court in the absence of contrary statutory direction. An insane person is generally said to be a competent witness if he can understand the sanctions imposed to elicit the truth and can correctly recount the occurrence which is the subject of his testimony. Some courts exclude evidence of insanity offered for purposes of impeachment but most courts admit such evidence, treating medical and lay testimony with equal respect because of the …
Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross
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 …
Guttmacher & Weihofen: Psychiatry And The Law., Morris Ploscowe
Guttmacher & Weihofen: Psychiatry And The Law., Morris Ploscowe
Michigan Law Review
A Review of Psychiatry and the Law. By Manfred. S. Guttmacher and Henry Weihofen.
Administering Justice The Medical Prepossession, Clarence A. Lightner
Administering Justice The Medical Prepossession, Clarence A. Lightner
Michigan Law Review
This quotation is from a recent document coming from con- servative and intelligent sources, recommending as a cure for economic and commercial unrest, and other evils, the creation of a League of National Guilds.