By Martin Roth (editor), Robert Bluglass (editor)
This thought-provoking quantity is predicated on papers given by way of practicing and educational attorneys, judges, psychiatrists, forensic specialists and sociologists to a up to date convention in Cambridge. The members think about attainable methods in the direction of the solution of the most dilemmas that face psychiatry, society and the legislations, and in the direction of therapeutic the rifts that experience built among the various professions fascinated with the mentally in poor health. in addition they examine the simplest technique of selling extra humane, winning and socially effective providers.
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Extra resources for Psychiatry, Human Rights and the Law
Very violent persons are not civilly committed; they are prosecuted in the criminal courts - even if they are, like Hinckley, found not guilty by reason of insanity. It is politically unacceptable not to prosecute the violent insane. Thus, the kind of person civilly committed under the dangerousness standard rarely poses a real threat to society; he is not considered important enough for the criminal justice system. The objective standard does not, in practice, offer real protection to society.
Must be authorized by the Mayor after a proposal to this effect has been made by a physician; in the case of inpatient treatment, this has to be countersigned by a doctor working for the local Health System. T. during the next 48 hours. T. authorization may be given for a maximum of 7 days; whenever a longer period of inpatient care is needed, the doctor responsible for the Psychiatric Service of the Local Health Authority has to make a proposal to the Mayor, who will inform the Tutelary Judge, in line with the procedure mentioned above.
The 1959 Act followed a comprehensive review of the law relating to mental illness and 'mental deficiency' by a Royal Commission established during a period of therapeutic optimism and social legislative reform, when the mental health laws of England and Wales were still based upon the accumulated statutes of the nineteenth century and early decades of the twentieth. However, it preceded by several years the international human rights movement that resulted in concentrated activity in North America and in the declarations of human and political rights of the United Nations and other international bodies such as the European Convention on Human Rights.
Psychiatry, Human Rights and the Law by Martin Roth (editor), Robert Bluglass (editor)