PSYCHOSURGERY AND THE MEDICAL CONTROL OF VIOLENCE AUTONOMY AND DEVIANCE

• NCJ Number: 43313
• Author(s): S I SHUMAN
• Date Published: 1977
• Length: 361 pages
• Sale Source: Wayne State University Press
• Language: English
• Country: United States of America

Annotation

USING THE INTERNATIONALLY REPORTED DETROIT CASE, KAIMOWITZ VS. DEPARTMENT OF MENTAL HEALTH, AS A FOUNDATION, THE LEGAL, MEDICAL, SOCIAL, AND ETHICAL ISSUES OF PSYCHOSURGERY ARE EXAMINED.

Abstract

CONTEMPORARY CONCERN ABOUT PSYCHOSURGERY HAS BEEN PRECIPITATED BY MARK AND ERVIN'S BOOK, 'VIOLENCE AND THE BRAIN' (1970) WHICH IMPLIES THAT SUCH SURGERY MAY EFFECTIVELY DIMINISH UNCONTROLLABLE CRIMINAL BEHAVIOR. THE NATIONAL RESEARCH SERVICE AWARD ACT OF 1974 EMPOWERED THE STUDY OF THE USE OF PSYCHOSURGERY IN THE UNITED STATES OVER THE PERIOD 1970-1975, WHILE AN OREGON STATUTE (1971) REGULATES SURGERY DESIGNED TO 'IRREVERSIBLY LESION OR DESTROY BRAIN TISSUE FOR THE PRIMARY PURPOSE OF ALTERING THE THOUGHTS, EMOTIONS, OR BEHAVIOR OF A HUMAN BEING.' SEVERAL CONGRESSIONAL BILLS HAVE BEEN PROPOSED WHICH WOULD REGULATE SUCH SURGERY ON THE NATIONAL LEVEL. ALL THIS LEGISLATION SPECIFICALLY EXEMPTS SURGICAL PROCEDURES UNDERTAKEN TO CURE WELL-DEFINED DISEASE STATES, YET BRAIN TUMOR, EPILEPSY, AND OTHER RECOGNIZED DISEASES ALSO AFFECT 'THOUGHTS, EMOTIONS, AND BEHAVIOR.' SURGERY TO CORRECT THESE PROBLEMS CAN INCUR THE SAME RISKS AS PURELY PSYCHOSOCIAL SURGERY. THE QUESTION IS ACTUALLY MUCH BROADER THAN DESTRUCTION OF BITS OF BRAIN TISSUE. WITH THE RAPID RISE OF TECHNOLOGIES FOR GENETIC SURGERY, ESB PSYCHOTHERAPY, DRUG THERAPY, AND BEHAVIOR THERAPY THE BASIC QUESTION IS: 'SHOULD A PERSON'S ENVIRONMENT BE MANIPULATED TO ELIMINATE WHAT SOCIETY DECIDES IS UNACCEPTABLE BEHAVIOR?' THE THEORY OF INFORMED CONSENT IS APPEALING, BUT HOW INFORMED AND HOW VOLUNTARY IS THE CONSENT USUALLY OBTAINED FROM PATIENTS IN HOSPITALS? THE LEGAL, MEDICAL, AND ETHICAL ISSUES ARE EXAMINED IN DETAIL. APPENDIXES CONTAIN THE 'REPORT AND RECOMMENDATIONS ON THE USE OF PSYCHOSURGERY' FROM THE NATIONAL COMMISSION ON THE PROTECTION OF HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH; THE OPINION OF THE COURT IN THE CASE OF KAIMOWITZ VS. DEPARTMENT OF MENTAL HEATH; SELECTIONS FROM THE POSTTRIAL BRIEFS ON THE QUESTION OF LEGALLY ADEQUATE CONSENT BY ONE INVOLUNTARILY COMMITTED TO A MENTAL FACILITY; AND CITATIONS FROM APPLICABLE COURT CASES.