Legal issues in maximum security institutions for people with mental illness: liberty, security, and administrative discretion | Zendy

Petrila John | Zendy; Douglas Kevin S. | Zendy

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Legal issues in maximum security institutions for people with mental illness: liberty, security, and administrative discretion

Author(s) -

Petrila John,

Douglas Kevin S.

Publication year - 2002

Publication title -

behavioral sciences and the law

Language(s) - English

Resource type - Journals

SCImago Journal Rank - 0.649

H-Index - 74

eISSN - 1099-0798

pISSN - 0735-3936

DOI - 10.1002/bsl.505

Subject(s) - custodians , autonomy , obligation , discretion , seclusion , mental illness , mental health , law , political science , medicine , business , psychiatry , archaeology , history

This article explores four legal issues relevant to the provision of care in secure hospitals. These include the current status of right to treatment litigation; the potential impact of the Americans with Disabilities Act; new developments in laws governing restraint and seclusion; and the need for uniform institutional policies on risk assessment. These issues illustrate the potential conflicts between individual autonomy and institutional control that have been at the heart of mental health law for three decades. The article suggests that because of the diminishing oversight provided by the federal judiciary, institutional custodians have a particular obligation to ensure that individual rights are not overwhelmed by concerns with security. Copyright © 2002 John Wiley & Sons, Ltd.

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