NCJ Number
36735
Date Published
1975
Length
167 pages
Annotation
REVIEW OF FEDERAL CASE LAW CONCERNING APPLICATION OF THE RIGHT TO TREATMENT THEORY IN THE FIELDS OF MENTAL AND PHYSICAL ILLNESS AND JUVENILE LAW.
Abstract
AN OVERVIEW OF ISSUES UNDERLYING ADMINISTRATING AND MONITORING TREATMENT OF CIVILLY COMMITTED OFFENDERS AND METHODS OF CHALLENGING COMMITMENTS IS PRESENTED. THE ORIGIN OF THE RIGHT TO TREATMENT THEORY IS TRACED. SUPREME COURT DECISIONS ON CONSITITUTIONAL PROCEDURAL QUESTIONS, AND CRIMINAL DESIGNATION OF PHYSICAL CONDITION ARE EXAMINED AND CHALLENGES TO CIVIL COMMITMENT OR CONDITIONS OF CONFINEMENT ARE REVIEWED. FEDERAL CIRCUIT COURT DECISIONS ESTABLISHING THE RIGHT TO TREATMENT FOR CIVILLY COMMITTED PERSONS ARE CONSIDERED. OTHER RULINGS ESTABLISHING GROUNDS OF JURISDICTION FOR JUVENILES; ILLUSTRATING DISPOSITIONS AND REMEDIES AS WELL AS THE APPROPRIATENESS OF DISPOSITION; AND PROVIDING EXAMPLES OF THE COURT'S EXERCISE OF ITS POWERS TO ORDER THE PROPER CARE AND TREATMENT OF PERSONS UNDER ITS SUPERVISION ARE ALSO CONSIDERED.