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NCJRS Abstract

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NCJ Number: 39969 Find in a Library
Title: RIGHT TO TREATMENT - CAN THE COURTS REHABILITATE AND CURE?
Journal: PUBLIC INTEREST  Issue:46  Dated:(1977)  Pages:96-118
Author(s): H L MILLER
Corporate Author: National Affairs, Inc
United States of America
Date Published: 1977
Page Count: 23
Sponsoring Agency: National Affairs, Inc
Washington, DC, 20036
Format: Article
Language: English
Country: United States of America
Annotation: EXAMINATION OF THE LEGAL FOUNDATION FOR AND IMPLICATIONS OF CURRENT JUDICIAL TREND FOR FEDERAL COURTS TO REQUIRE THAT STATE CUSTODIAL INSTITUTIONS PROVIDE A CERTAIN THRESHOLD OF TREATMENT.
Abstract: IN THE ROUSE V. CAMERON DECISION (1966), THE U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ENUNCIATED A CONSTITUTIONAL 'RIGHT TO TREATMENT' WHICH PROVIDED A BASIS FOR ACTIONS AGAINST STATE HOSPITALS AND YOUTH FACILITIES ALL ACROSS THE COUNTRY. FOCUSING ON THE BACKGROUND OF CAMERON AND THE DISSENTING OPINION OF JUDGE JOHN DANAHER, THIS ARTICLE ANALYZES THE LEGAL AND CONSTITUTIONAL BASIS FOR THE 'RIGHT TO TREATMENT' DOCTRINE. THE IMPLICATIONS AND CONSEQUENCES OF THE DOCTRINE ARE APPROACHED FROM THE PERSPECTIVES OF IMPACT ON STATE FACILITIES, CONFLICT WITH THE EXERCISE OF PROFESSIONAL AND ADMINISTRATIVE DISCRETION, PROBLEMS WITH THE MEDICAL MODEL, AND THE EFFECT OF REFORM. THE LIMITS AND FUTURE OF THE RIGHT TO TREATMENT ARE DISCUSSED IN A CASE-BY-CASE ANALYSIS....MSP
Index Term(s): Federal courts; Judicial decisions; Rehabilitation; Right to treatment
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