CONSTITUTIONAL PROBLEMS OF CIVIL COMMITMENT FOR ALCOHOLISM

• NCJ Number: 27398
• Author(s): J M MCCABE
• Date Published: Unknown
• Length: 10 pages
• Corporate Author: National Conference of Commissioners on Uniform State Laws
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE DUE PROCESS GUARANTEES AFFORDED BY THE CONSTITUTION ARE RELIED UPON IN THE AUTHOR'S ARGUMENT AGAINST THE INDISCRIMINATE USE OF CIVIL COMMITMENT IN DEALING WITH ALCOHOLICS.

Abstract

JUDICIAL DECISIONS ARE DISCUSSED THAT HAVE BEARING ON THE ISSUE. THE UNIQUENESS OF ALCOHOL AS A PROBLEM AFFECTS THE WAY COURTS LOOK AT DUE PROCESS REQUIREMENTS. THE UNIQUE CONDITIONS BROUGHT BY THE CHANGES IN THE LAW, AND THE EXISTENCE OF OTHER UNIQUE FACTORS, CAN BE PRESENTED IN DUE PROCESS ANALYSIS ONLY IF THE COMMITMENT PROCEDURES FOR ALCOHOLISM ARE SEPARATE FROM GENERAL COMMITMENT STATUTES.