作者: Michael Lavin
DOI:
关键词: Treatment Refusal 、 Competence (law) 、 Law 、 Supreme court 、 Psychology 、 Involuntary commitment
摘要: The paper criticizes the prevailing, danger-based involuntary commitment criteria that have characterized U.S. law since Supreme Court's 1975 O'Connor v. Donaldson decision. Numerous medical and moral inadequacies are identified in -style criteria. It is argued a treatment-based criterion—derived from American Psychiatric Association's Model Commitment Law, but version disdains reliance on dangerousness to self or others as ground for commitment—is medically morally preferable prevailing standard. This approach respects competent treatment refusals, does permit treatable, incompetent individuals be involuntarily hospitalized treatment. defended against possible objections some of its advantages identified.