Modified Lessard circa 1976

1
Modified Lessard circa 1976

• Where you might think General Civil Commitment
  was at after the civil rights era of the 60s and
  70s

2
Mathews v. Eldridge (1976) p.51 Balancing

• 1.private interest affected.
• 2.risk of erroneous deprivation through the
  procedure used.
• 3.probable value of additional or substitute
  procedure.
• 4.Govt. Interest burdens fiscal- administrative
  (other competing interests)

3
Lessard Gault like

• -Counsel
• -Notice and Some Discovery
• -Judge Like Hearing
• -Pretty Quick Hearing
• -Evidence modified but still around.

4
Burden of Persuasion

• Not Lessard Beyond a Reasonable Doubt
• Rather Addington nearly universal Clear and
  Convincing
• Preponderance is not constitutional

5
Other 5th and 6th A. Lessard ideas dont go far

• Right to Counsel at Dr. exams
• Miranda warnings
• Other self incrimination issues

6
Mental Disorder

• General language re. Serious
• Almost all cases Paranoid Schitz
• Vagueness notions not really focused here

7
Right to Treatment

• Mush and avoidance of constitutional right
• Statutes usually say needs care or treatment
• Majority of States Least Restrictive Alternative
• Most States avoid deeper language

8
Dangerousness

• Donaldson more than mental disorder
• Everywhere something to self and others
• Stated recent overt act?
• Stated Proximity?
• Stated Person not property?
• Stated Massive curtailment of liberty?

9
Vitek

• Greater limitation of freedom of action
• some stigmatizing consequences
• additional manditory behavior modification
  techniques
• grevious loss like Addington pretty
  adversarial due process

10
Parham

• Since Parents share private interest side of
  Mathews v. Eldridge Balance
• good parents have good motives for kids
  treatment
• voluntary admission
• only we got the treatment assent by hosp.
• Not even dangerousness