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Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

2014

Themis: Research Journal of Justice Studies and Forensic Science

Psychiatry

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Full-Text Articles in Social and Behavioral Sciences

Ethics And The Use Of Coercion In The Treatment Of Psychiatric Patients, Jen Rushforth May 2014

Ethics And The Use Of Coercion In The Treatment Of Psychiatric Patients, Jen Rushforth

Themis: Research Journal of Justice Studies and Forensic Science

Involuntary psychiatric treatment occurs under such conditions as the medicating or placing in treatment facilities of patients without their consent. Such involuntary treatment has been litigated in the Supreme Court; however, the Court’s rulings have been applied to incarcerated persons, with the notable exception of the 1975 ruling in O’Connor v. Donaldson, a case argued as a civil rights violation. Using O’Connor v. Donaldson as a framework, this paper argues that forcing non- violent psychiatric patients to take medication, or be otherwise treated against their will, is an unethical practice and must be discontinued. This practice of forcible treatment violates …