NCJ Number
35354
Date Published
1976
Length
100 pages
Annotation
A STUDY EXAMINING THE MAJOR ISSUES AND SURVEYING THE LEGAL IMPLICATIONS OF A CONSTITUTIONAL RIGHT TO TREATMENT FOR THE CIVILLY COMMITTED.
Abstract
THE METHODOLOGY INVOLVED HAS BEEN TO TRACE THE RIGHT TO TREATMENT LINE OF PRINCIPAL CASES, INCLUDING A SURVEY OF THE RIGHT TO TREATMENT COROLLARIES - RIGHT TO THE LEAST RESTRICTIVE ALTERNATIVE, AND RIGHT TO REFUSE TREATMENT. IMPLICIT IN THE CASES OF THIS SURVEY HAS BEEN AN ACCEPTANCE OF INVOLUNTARY CIVIL COMMITMENT ITSELF AS A METHOD OF REMOVING OR MODIFYING DIFFERENT OR DANGEROUS BEHAVIOR. IT IS SAID THAT THE RIGHT TO TREATMENT DOES NOT NECESSARILY INVOLVE THE RIGHT TO EFFECTIVE TREATMENT OR CURE WHICH CAN BE A PRODUCT OF ACCEPTING THE LEGITIMACY OF INVOLUNTARY CIVIL COMMITMENT. IT IS SUGGESTED THAT THIS RIGHT SHOULD BE CONCEIVED TO BE AN OBLIGATION OF THE STATE TO TREAT THE INDIVIDUAL. (AUTHOR ABSTRACT)