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Articles 1 - 11 of 11
Full-Text Articles in Law
Greenberg: Race Relations And American Law, Spencer L. Kimball
Greenberg: Race Relations And American Law, Spencer L. Kimball
Michigan Law Review
A Review of RACE RELATIONS AND AMERICAN LAW. By Jack Greenberg.
Use Of Subnormal Mentality To Discredit
Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr
Suicide Responsibility Of Hospital And Psychiatrist, Irwin N. Perr
Cleveland State Law Review
The problem of suicide is a prominent public health problem in this country. Physicians and hospitals have an obvious concern, as do the law courts, where actions for wrongful death and negligence may involve suicide as a result of a tortious act. This paper will restrict comment to the principles and application of present law as to the responsibility of the psychiatric hospital and the psychiatrist and a discussion of some of the applicable psychiatric factors.
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Hospital Refusal To Release Mental Patient, Thomas S. Szasz
Cleveland State Law Review
This paper was intended as a contribution to the study of psychiatry, and especially institutional psychiatry, as a form of social control. More specifically, I have sought to present further evidence in support of the thesis that the relationship between the involuntarily hospitalized mental patient and his psychiatrist (s) is commonly antagonistic rather than cooperative in nature. The conception of a "mental illness," as essentially similar to a bodily disease, serves to obscure the many exceedingly significant socio-economic, legal and ethical aspects of forced mental hospitalization.The patient's lawsuit for release, and the psychiatric superintendent's appeal that he be permitted to …
An Appraisal Of Competency, Henry Davidson
An Appraisal Of Competency, Henry Davidson
Cleveland State Law Review
Competence is the ability to handle business affairs with ordinary prudence. It is a legal not a medical formula, and in a sense, it must be defined negatively. Every one is assumed to be competent. If you think some one is incompetent, you must prove it. He does not have to prove that he is competent. Therefore, the formula is a criterion of incompetency not competency. To declare a person incompetent, these findings must coexist: 1. He has a mental disorder. 2. This causes bad judgment. 3. Because of the bad judgment, the patient either: (a) Squanders his money or …
Civil Liberties And The Mentally Ill, Thomas S. Szasz
Civil Liberties And The Mentally Ill, Thomas S. Szasz
Cleveland State Law Review
Here are two basic ways in which a person may assume the social role of "mental patient." First, it may be assumed voluntarily, meaning that the role is self-defined. Second, it may be foisted upon a person against his will. This means that a person may be defined as "mentally ill" by someone other than himself. This definition, then, if properly implemented, may become generally accepted or socially verified. I shall limit myself here to calling attention to certain ethical and legal aspects of the psychiatrist's involvement with the second class of "mentally ill" patients.
Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg
Irresistible Or Irresisted Impulse, Wladimir G. Eliasberg
Cleveland State Law Review
It is the purpose of this paper to show that the requirements made on psychiatry have not changed in the least since the application of the Durham Rule. It will be shown that now and in the future as before, the demonstration of the development and the dynamics of the mental processes is what the psychiatrist has to offer. Questions of guilt are not in his province. Now as before this latter remains the prerogative and obligation of the finders of fact, not of the experts.
Forensic Psychiatry In Switzerland, Anton Harder
Forensic Psychiatry In Switzerland, Anton Harder
Cleveland State Law Review
Forensic Psychiatry, like political, legal, esthetic, and oftentimes, religious practices, is part of the selfrealizationof a nation. In this way, different countries arrived at different and varying solutions to social problems. Although Switzerland is a small state (5.27 million people per 41,300 square kilometers) in the heart of Europe, she, nevertheless has succeeded in going her own way in Forensic Psychiatry.
Legal Medicine And Psychiatry In Turkey, Fahrettin Kerim Gokay
Legal Medicine And Psychiatry In Turkey, Fahrettin Kerim Gokay
Cleveland State Law Review
The utilization of psychiatrists in the handling of legal matters in Turkey began with the reformation in 1908 when "The Legal Medicine Institute" and "The Legal Medicine Council" were founded. The Faculty of Medicine at the University of Istanbul created professorial chairs in psychiatry and legal medicine.
Civil Rights And Mental Hospital Administration, Ewing H. Crawfis
Civil Rights And Mental Hospital Administration, Ewing H. Crawfis
Cleveland State Law Review
Let us start our discussion by indicating a frame of reference for the comments we wish to give about civil rights. Our discussion will relate primarily to patients, who have been hospitalized for the observation and treatment of mental illness. It is also based on the statutes in Ohio and on the practice in the courts and more especially in the receiving hospitals and state hospitals in Ohio. The receiving hospitals admit a high percentage of voluntary patients, whereas the state hospitals admit patients who have been committed.
California's Program For The Sexual Psychopath, Reginald S. Rood
California's Program For The Sexual Psychopath, Reginald S. Rood
Cleveland State Law Review
The basis for California's sexual psychopath program is the legal provision which establishes a state hospital as an alternative to prison for certain nonpsychotic, convicted offenders, legally defined as sexual psychopaths. The designated institution is the Atascadero State Hospital, a new facility opened in June, 1954. Its 1250 all male patient population is about sixty percent sexual psychopaths and forty percent criminal insane. This preponderance of non-psychotic patients is unique for a state hospital for the mentally ill, where, as a rule, about ninety percent of the patients are psychotic. My purpose is to discuss our program and procedures for …