Asked for Right to:

1
Asked for Right to

• Adversary Hearing and notice thereof (maybe even
  trial by jury)
• Counsel certainly at hearing- maybe at exam-
  maybe exam by defense dr.
• Exclusion of hearsay
• Right against self incrimination

2
Burden of Proof/Standard

• Beyond a Reasonable Doubt
• Standard so that persons may be able to
  ascertain the conduct under which they may be
  detained with reasonable certainity

3
Reviews History

• Colonial
• Mid 18th Century
• Mrs Packard

4
But Dorthea Dix and Parens Patriae carries day
until Civil Rights

• Late 19th to 60s huge building of mental
  hospitals
• Psychotherapy, electro-convulsive therapy,
  psychosurgery and chemical therapy
• Two DRs and lunacy commissions replace courts
  and juries
• Very loose language in standards

5
In Re Gault

• 1.Juvenile treatment not unlike mental health
  treatment.
• Real hard to measure right to treatment
• Many untreatable/hospital may make worse
• 2. Civil/criminal distinction is gone with Gault
• Loose lots of collateral rights vote/contract

6
Notice and Opportunity to be heard

• 48 hr prelim
• 2 week full hearing
• Notice informing of basis for commitment lots
  of other stuff

7
Standards

• great enough threat of harm to justify such a
  massive curtailment of liberty
• extreme likelihood that if the person isnot
  confined he will do immediate harm to himself or
  others
• recent overt act, attempt or threat to do
  substantial harm to oneself or another

8
Burden of Persuasion

• Beyond a reasonable doubt/ clear and convincing
  (follows Gault)
• Also least restrictive alternative big time

9
5th and 6th Amend

• Defense counsel typenot ad litem type
• Critical stages At all hearings with discovery
  but not at psych interview
• Cant use statements against unless voluntary
  after some kind of advisement
• Rules of evidence re hearsay should apply.