skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 68969 Find in a Library
Title: RIGHT TO TREATMENT FOR THE CIVILLY COMMITTED - A NEW EIGHTH AMENDMENT BASIS
Journal: UNIVERSITY OF CHICAGO LAW REVIEW  Volume:45  Issue:3  Dated:(1978)  Pages:731-752
Author(s): T D ROBERTS
Date Published: 1978
Page Count: 22
Format: Article
Language: English
Country: United States of America
Annotation: THE QUESTION OF A CONSTITUTIONAL RIGHT TO TREATMENT FOR INVOLUNTARILY COMMITTED MENTAL PATIENTS IS EXPLORED IN THIS ARTICLE FROM A JURIST'S PERSPECTIVE. WHETHER SUCH A RIGHT EXISTS IS FOUND TO BE STILL UNCLEAR.
Abstract: DESPITE COURT DECISIONS TO THE EFFECT THAT INVOLUNTARILY CONFINED JUVENILE PATIENTS HAVE AN EIGHTH AMENDMENT RIGHT TO ADEQUATE TREATMENT, THE PRECEDENTAL VALUE OF SUCH DECISIONS IS NOT UNIVERSALLY RECOGNIZED. THE ARTICLE REVIEWS COURT CASE DISPOSITIONS GOING BACK TO THE FIRST RELEVANT CASE IN 1966, NOTING THAT SEVERAL COURT DECISIONS APPEARED TO BE FASHIONING A DUE PROCESS RIGHT TO TREATMENT. RATIONALES FOR SUCH A RIGHT RESTED ON THE FACT THAT THE PURPOSE OF COMMITTING A NON-DANGEROUS PERSON IS TO CARE FOR HIM, BECAUSE TREATMENT IS THE WHOLE PURPOSE OF THE COMMITMENT, WHILE ANOTHER LEGAL BASIS WAS CITED IN THE FACT THAT THE PATIENT MUST RECEIVE A COMPENSATION FOR THE ABRIDGMENT OF HIS RIGHT TO FREEDOM IN THE FORM OF REHABILITATIVE TREATMENT. EIGHTH AMENDMENT ARGUMENTS, ON THE OTHER HAND, HAVE ALREADY RECEIVED JUDICIAL SUPPORT. THE CONFINEMENT OF THE INVOLUNTARILY COMMITTED MENTAL PATIENT IS VIRTUALLY IDENTICAL TO THAT OF THE PRISONER, WITH WHOM HE SHARES LOSS OF FREEDOM AND STIGMATIZATION. IMPLEMENTATION OF THE RIGHT TO PSYCHIATRIC CARE RAISES PROBLEMS NOT CONFRONTED IN IMPLEMENTING RIGHTS TO ADEQUATE MEDICAL CARE FOR THE BODY, BUT IT MUST NEVERTHELESS TAKE PLACE, BECAUSE THE PATIENTS SUFFER AS MUCH AS THOSE PHYSICALLY ILL, ALTHOUGH IN A DIFFERENT WAY. THIS ARTICLE ARGUES FOR AN EIGHTH AMENDMENT RIGHT TO TREATMENT BASED ON A RECENT SUPREME COURT DECISION, WHICH PROMISES A SOLID CONSTITUTIONAL BASIS FOR TREATMENT RIGHTS.
Index Term(s): Civil commitment; Mentally ill offenders; Right to treatment
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68969

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.