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Civil rights of the mentally III—A review of the issues

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Abstract

This paper reviews the legal position of persons defined as mentally ill and involuntarily committed to mental hospitals. It suggests that the only certain way to avoid unnecessary losses of civil rights is to prevent the person from being involuntarily committed. This objective may best be achieved by the comprehensive community mental health center with its focus on case finding, early diagnosis, and treatment designed to meet the needs of patients in their own communities. The shortcomings of voluntary admission, statute revision, and representation by counsel as solutions to this problem are discussed. The legal consequences of commitment and incompetence are described.

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References

  • Ginsberg, L. H. Representation by counsel in Oklahoma mental health hearings.Oklahoma Bar Association Journal, October 29, 1966,37 (39).

  • Lindman, F. T., & McIntyre, D. M., Jr.The mentally disabled and the law. Chicago: University of Chicago Press, 1961.

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  • Oklahoma Statutes 1961. St. Paul, Minn.: West Publishing Co.

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  • U. S., Congress, Senate Subcommittee on Constitutional Rights of the Committee on the Judiciary.Hearings, Constitutional rights of the mentally ill, Part 1—Civil aspects, 87th Congress, 1st Session, March 28, 29, 30,1961.

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Authors and Affiliations

  1. Division of Social Work, West Virginia University, USA

    Leon H. Ginsberg M.S.W., Ph.D. (political scientist and social worker, Director)

Authors
  1. Leon H. Ginsberg M.S.W., Ph.D.
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The material discussed here is based on his doctoral dissertation in political science, “Civil Rights of the Mentally Ill and Mentally Retarded in Oklahoma.”

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Ginsberg, L.H. Civil rights of the mentally III—A review of the issues. Community Ment Health J 4, 244–250 (1968). https://doi.org/10.1007/BF01879124

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  • DOI: https://doi.org/10.1007/BF01879124

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