法律英语：39 Involuntary Commitment: Part 1

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.

Today is the first episode in a two-part series on involuntary commitment. Jeff wrote:

Perhaps you could cover involuntary committal. This would probably require two episodes, one addressing the desire of a family to have someone committed for their own good, and one addressing how someone can resist such committal.

Great idea Jeff. Today, I will cover some of the history of involuntary commitment, and how it has evolved. In the next episode, I will cover some specific modern topics, and how involuntary commitment works practically.

Historically in common law countries such as the United Kingdom, the government had the power to force people into mental health institutions when they posed an immediate³ threat of physical danger to themselves or others. British judges upheld these commitments on the ground that the government generally has broad police powers to keep the peace. Just as the government could damage private property to stop a fire that endangered the public at large, or had the power to prevent a business from dumping noxious⁴ chemicals on the street, the government had the same power to force dangerous people to submit to health care to protect the public from damaging behavior. This often went hand in hand with criminal proceedings⁵ because the person who was dangerous had often already hurt someone, and so had committed some sort of assault or battery.

This general scheme was imported into the Colonies and became ingrained in American legal systems in the 18th Century. It remained generally unchanged until the early-to-mid-20th century, when modern psychology⁶ was born. Scholars, doctors and psychologists began to recognize that many people do harm to themselves and others without understanding that they are doing the harm, or do not understand the consequences of their actions. As this type of understanding took hold, legislators started to separate the generic⁷ criminal, who understands the consequences of their harmful actions, from the mentally ill. They reasoned that a mentally ill patient needed different treatment by the legal system to eventually reintegrate the patient back into society. Rather than allowing only the criminal justice system to throw the patient in jail to remove the immediate harm from society, legislators determined⁸ that it would be better to treat such patients, and treat the root of the problem.

According to many legal and psychological historians, the other change was a general change in attitude towards who should care for mentally ill patients and when. These scholars opined that, in the past, the family unit was stronger and more intact. If a member of the family was mentally ill, then the family and close-knit community structure would take the burden of caring for the person, and ensure that he would not harm others. However, modern society, especially in the United States, placed a greater emphasis on self-reliance and independence. So, many people moved far from their families and original communities. After developing a mental illness, the patient would not have the same assistance from private resources. Thus, the state was more likely to have to deal with these patients and stop them from harming fellow citizens, and also to shoulder the burden of health care treatment.

So, based on the shift in understanding of why mentally ill citizens harm society, and the change in family paradigms⁹, modern civil commitment statutes¹⁰ began to develop. These statutes empowered police and other government officials to forcibly submit a person to receiving treatment from the government. The rationale was that the state would suffer far greater harms by ignoring the patient than by proactively treating and caring for the patient.

But, such statutes were of course challenged by patients being treated, or by members of the patient’s family. In some cases, some members of the family would petition to have the patient committed, but others would fight to keep them out of mental health facilities. For example, a wife would petition to have her husband committed, but the husband’s parents would urge the state to allow them to care for their son. These cases were often ugly and sad, with both sides arguing that their position was in the best interest of the patient.

Please check out the next episode in which I discuss the current state of affairs regarding involuntary civil commitment, and what steps can be taken to keep a patient out of involuntary commitment.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹¹ Life. You can send questions and comments to。。。。。。 or call them in to the voice mail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 immediate   

adj.立即的；直接的，最接近的；紧靠的

参考例句：

• His immediate neighbours felt it their duty to call.他的近邻认为他们有责任去拜访。
• We declared ourselves for the immediate convocation of the meeting.我们主张立即召开这个会议。

4 noxious   

adj.有害的，有毒的；使道德败坏的，讨厌的

参考例句：

• Heavy industry pollutes our rivers with noxious chemicals.重工业产生的有毒化学品会污染我们的河流。
• Many household products give off noxious fumes.很多家用产品散发有害气体。

5 proceedings   

n.进程，过程，议程；诉讼(程序)；公报

参考例句：

• He was released on bail pending committal proceedings. 他交保获释正在候审。
• to initiate legal proceedings against sb 对某人提起诉讼

6 psychology   

n.心理，心理学，心理状态

参考例句：

• She has a background in child psychology.她受过儿童心理学的教育。
• He studied philosophy and psychology at Cambridge.他在剑桥大学学习哲学和心理学。

7 generic   

adj.一般的，普通的，共有的

参考例句：

• I usually buy generic clothes instead of name brands.我通常买普通的衣服，不买名牌。
• The generic woman appears to have an extraordinary faculty for swallowing the individual.一般妇女在婚后似乎有特别突出的抑制个性的能力。

8 determined   

adj.坚定的；有决心的

参考例句：

• I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
• He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

9 paradigms   

n.（一词的）词形变化表( paradigm的名词复数 )；范例；样式；模范

参考例句：

• Evolution of 3 paradigms in modern karst study is reviewed. 回顾了近代岩溶学三种“范式”的更替历史。 来自互联网
• LMT provides 8 types of Learning-Map and the paradigms of each type. 学习导图技术提出了八种类型的学习导图，并分别给出图形范例加以说明。 来自互联网

10 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

11 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。