Judges' assumptions about the appropriateness of civil and forensic commitment
Department of Psychiatry
Medical Subject Headings
*Attitude to Health; Commitment of Mentally Ill; Data Collection; Forensic Psychiatry; Humans; *Jurisprudence; Massachusetts; Mental Competency; Mental Health Services
Health Services Research | Mental and Social Health | Psychiatric and Mental Health | Psychiatry | Psychiatry and Psychology
The study examined judges' reasons for ordering pretrial forensic evaluation instead of civil commitment for persons with mental illness who are arrested. Fifty-five of 58 judges acknowledged having concerns about the adequacy of treatment or confinement in the civil mental health system, and 31 reported ordering pretrial forensic evaluations as a means of ensuring adequate treatment for patients who appear in their courts. Other frequently endorsed reasons for ordering these evaluations included lack of confidence in the ability to civilly commit mentally ill offenders and concerns about their being discharged prematurely. This study confirms suspicions that judges order pretrial evaluations to fill perceived gaps in the civil system.
Rights and Permissions
Citation: Psychiatr Serv. 1997 May;48(5):710-2.
Appelbaum, Kenneth L. and Fisher, William H., "Judges' assumptions about the appropriateness of civil and forensic commitment" (1997). Systems and Psychosocial Advances Research Center Publications and Presentations. 306.