Legal Issues in Maximum Security Institutions for People with Mental Illness: Liberty, Security, and Administrative Discretion
Document Type
Article
Publication Date
2002
Digital Object Identifier (DOI)
https://doi.org/10.1002/bsl.505
Abstract
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.
Was this content written or created while at USF?
Yes
Citation / Publisher Attribution
Behavioral Sciences & the Law, v. 20, issue 5, p. 463-480
Scholar Commons Citation
Petrila, John and Douglas, Kevin S., "Legal Issues in Maximum Security Institutions for People with Mental Illness: Liberty, Security, and Administrative Discretion" (2002). Mental Health Law & Policy Faculty Publications. 158.
https://digitalcommons.usf.edu/mhlp_facpub/158
