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9781557987457

Competence, Condemnation, and Commitment

by
  • ISBN13:

    9781557987457

  • ISBN10:

    1557987459

  • Format: Hardcover
  • Copyright: 2001-03-01
  • Publisher: Amer Psychological Assn

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Supplemental Materials

What is included with this book?

Summary

Univ. of Nebraska, Omaha. Presents a new framework for examining the major intersections between legal institutions and the idea of mental illness. Uses hypothetical actors with given mental traits or disorders for comparative analysis and differentiation.

Author Biography

Robert F. Schopp completed a PhD in psychology and practiced clinical psychology for approximately 10 years. After completing a JD and a PhD in philosophy, he joined the faculty of the College of Law and the Department of Psychology at the University of Nebraska, where he teaches and writes as a member of the Law -- Psychology program

Table of Contents

Acknowledgments xiii
Introduction 3(6)
Part I: Mental Illness and Legal Intervention 9(48)
Sexual Predator Statutes and the Fragmented Structure of Mental Health Law
11(12)
Sexual Predators
11(3)
Sexual Predators Statutes
14(3)
Police Power Civil Commitment
17(1)
Parens Patriae Civil Commitment
18(2)
Civil Incompetence and Guardianship
20(2)
Conclusion
22(1)
The Supreme Court on Civil Commitment
23(12)
Recent Cases: Foucha to Hendricks
23(5)
Early Cases: Jackson to Jones
28(4)
Conclusion
32(3)
Legally Significant Mental Illness
35(22)
Sexual Predator Statutes: Mental Abnormality or Personality Disorder
35(4)
Ellen and Francine
39(2)
A Formal Conception of Legal Mental Illness
41(8)
Legal Mental Illness: Ellen and Francine
49(2)
Civil Commitment and Eligibility
51(5)
Conclusion
56(1)
Part II: Parens Patriae Intervention 57(78)
Normative Structure I
59(22)
Ellen Revisited
59(2)
Conflicts Among Values in Mental Health Law
61(2)
Patient-Centered Health Care and the Right to Informed Consent
63(6)
Difficult Parens Patriae Cases for Mental Health Law
69(6)
Parens Patriae Interventions and the Legal Institutions of a Liberal Society
75(3)
Conclusion
78(3)
Incompetence and Commitment
81(28)
Ellen, Competence, and Commitment
81(1)
Incompetence for Person and Parens Patriae Commitment
82(7)
Incompetence Within Civil Commitment
89(6)
Parens Patriae Intervention and Treatment Appropriateness
95(12)
Conclusion
107(2)
The Right to Refuse Care
109(26)
Contemporary Civil Commitment and the Right to Refuse
109(3)
The Right to Refuse Treatment
112(8)
PJS
120(5)
Parens Patriae Interventions: Admission and Treatment
125(6)
Applications
131(2)
Conclusion
133(2)
Part III. Police Power Intervention 135(74)
Normative Structure II: The Police Power
137(22)
Police Power Commitment and the Sexual Predator Statutes
137(3)
Sexual Predator Statutes, Criminal Incarceration, and Civil Commitment
140(4)
Coercive Social Control in the Public Domain
144(4)
Legal Mental Illness: Criminal Responsibility and Retributive Competence
148(6)
Conclusion
154(5)
Sexual Predator Statutes and the Police Power
159(30)
Preventive Intervention Under the Police Power
159(1)
Police Power Intervention Absent a Criminal Charge
160(11)
Applying the Police Power to Sex Offenders
171(4)
Sexual Predator Statutes as Police Power Intervention
175(12)
Conclusion: Police Power Intervention and the Normative Structure
187(2)
The Right to Refuse Care Under the Police Power
189(20)
Difficult Cases
189(3)
Judicial Framework
192(3)
Uniformly Incompetent Offenders
195(2)
Uniformly Competent Offenders
197(4)
Complex Cases
201(5)
Conclusion
206(3)
Part IV. Professional Roles, Professional Judgment, and Legal Determinations 209(66)
Risk and Dangerousness
211(20)
Professional Judgment Within Professional Roles
211(1)
Expert Testimony Regarding Legal Mental Illness for Civil Commitment
212(1)
A Common View of the Clinician's Role: Predicting Dangerousness
213(2)
Reconsidering Predictions of Dangerousness
215(1)
An Alternative Formulation of Statutory Dangerousness
216(4)
The Clinician's Role
220(3)
Judicial Determinations of Dangerousness as Judgments Rather Than Predictions
223(5)
Conclusion
228(3)
Expert Testimony and Commitment as a Sexual Predator
231(18)
The Subject of the Testimony: The Commitment Criteria
231(3)
Empirical Evidence
234(8)
Interpreting the Evidence
242(2)
Interpreting the Inability to Control
244(3)
Conclusion
247(2)
Professional Judgment and Responsibilities: Intrinsic and Delegated
249(20)
Clinicians and Social Scientists as Providers of Information and Treatment
249(1)
Professional Judgment and Responsibility Regarding Treatment or Mere Incapacitation
250(3)
Professional Judgment: Intrinsic and Delegated
253(4)
Professional Judgment and Professional Roles
257(9)
Conclusion
266(3)
The Fragmented Structure of Mental Health Law Revisited
269(6)
Table of Authority 275(4)
Author Index 279(4)
Subject Index 283(8)
About the Author 291

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