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Mental Patients, Criminal Patients and Due Process: Problems of Law and Legal Policy in Involuntary Treatment

NCJ Number
129471
Author(s)
J-P Takala
Date Published
1989
Length
96 pages
Annotation
This report examines problems related to the involuntary treatment of persons suffering from mental disorders in Finland, with emphasis on the conflict between the principles of individual freedom and societal protection.
Abstract
The analysis of the moral and legal basis for involuntary institutionalization concludes that the legally specified criteria for involuntary placement are too vague. The proposal of a committee of civil servants appointed by the Ministry for Social Affairs and Health would signify an improvement, but it is insufficient in some respects. In addition, the concept of need for immediate mental treatment should be made more specific by requiring that no decision on involuntary treatment can be made unless the consequences of different alternatives are weighted and involuntary treatment is deemed to lead to both probable and tangible benefits. Additional issues needing resolution are legal guarantees that the involuntary treatment will be suspended in time and requirements related to criminal offenders subjected to involuntary treatment. 55 references

Sale Source
Oikeuspoliittinen Tutkimuslaitos
Address

PL 444, 00531 Helsinki Finland, Finland

Publication Type
Legislation/Policy Analysis
Country
Finland
Note
Publication No. 92