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Full-Text Articles in Law
The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz
The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz
University of Michigan Journal of Law Reform
Psychiatric advance directives are a valuable tool for individuals with mental illnesses. Ulysses directives, in particular, allow individuals to bind themselves to treatment in advance of needing it for the purpose of overcoming illness-induced refusals. This Note evaluates the effectiveness of state advance directive statutes in three areas that are especially important for Ulysses directives: defining competency to execute, activate, and revoke directives; waiving the constitutional right to refuse treatment; and encouraging provider compliance. This Note ultimately advocates for other states to adopt provisions similar to a Washington State statute. The Washington statute authorizes Ulysses directives by allowing advance consent …
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
University of Michigan Journal of Law Reform
Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …
The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic
The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic
University of Michigan Journal of Law Reform
This article will assess the constitutionality of the statute providing for a GBMI verdict by examining the likely, impact of this statute on the constitutional rights of legally insane defendants. Part I will briefly outline the relevant provisions of the GBMI statute. Part II will consider whether legally insane defendants have a constitutional right to an insanity defense. Part III will then argue that some defendants, though legally insane at the time they committed allegedly criminal acts, will nevertheless be found GBMI rather than NGRI.
Michigan's Revised Mental Health Code, William David Serwer
Michigan's Revised Mental Health Code, William David Serwer
University of Michigan Journal of Law Reform
This note will evaluate the three chapters of the Michigan Code which present the most significant legislative attempts to safeguard the rights of the mentally ill. Chapter Four of the Code extends several traditional due process guarantees to the civil commitment process. By guaranteeing the right to adequate notice, the right to be present at the hearing, the right to be represented by counsel, and the right to notice of trial by jury, the Code offers better protection from unwarranted commitment. However, due to the difficulty of defining mental illness and accurately identifying those in need of treatment, the possibility …
Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman
Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman
University of Michigan Journal of Law Reform
While performing his duties a police officer may frequently be confronted with the behavior of an individual which threatens or has resulted in self-inflicted injury, or which poses an imminent threat to the safety of others. Under such circumstances an officer may determine that criminal arrest is inappropriate but that some form of restraint is necessary. Michigan has provided an alternative course of action by authorizing temporary emergency psychiatric detention of an individual whom a police officer deems to be "mentally ill and manifesting homicidal or other dangerous tendencies."
Mental Illness And Criminal Commitment In Michigan, Grant H. Morris
Mental Illness And Criminal Commitment In Michigan, Grant H. Morris
University of Michigan Journal of Law Reform
This article concentrates on one vital issue: to what extent are differences in treatment justified because of a mentally ill person's "criminal" involvement. While the article is primarily concerned with Michigan institutions and Michigan statutes, the discussion and the solutions proposed are in many respects applicable to all states of the Union. Not only must all states reevaluate their policies toward criminal commitment of the mentally ill in light of ever-changing medical and penal theory, but they must also consider the developing constitutional concepts in this area. These constitutional issues are raised here only to the extent necessary to alert …
The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson
The Language Of Involuntary Mental Hospitalization: A Study In Sound And Fury, Steven H. Levinson
University of Michigan Journal of Law Reform
Involuntary civil commitment is the business of hospitalizing and treating, without their consent, persons whom a court, with the aid of professional diagnosticians, determines to be psychologically disturbed or mentally ill. The purpose of the present study will be to demonstrate that the medical diagnoses of mental illness which justify involuntary civil commitment are achieved on the basis of at least unreliable and at worst invalid sets of diagnostic categories and assessments. For the purpose of determining the reliability of these diagnostic findings, the author selected a representative sample of the involuntary mental hospitalization proceedings of the Wayne County Probate …