法律英语：38 Involuntary Commitment II

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.
This is the second is episode in a two-part series on involuntary commitment. This episode will discuss the practical procedures implemented³ for involuntary commitment.

As discussed in the last episode, American jurisdictions⁴ have passed laws that allow certain government bodies to force citizens to go to a mental health facility and receive treatment. The government body is often the county health commissioner⁵ or director of public health, or sometimes police.

In most jurisdictions, a patient can be held in a mental health facility without a court hearing for 48-72 hours when there is a showing of immediate⁶ physical danger. This often happens when a police officer approaches a citizen for a minor⁷ infraction⁸ such as loitering, and the citizen reacts violently or in a way that suggests they will harm themselves.

But, to keep a patient longer, the agency must obtain a court order. So, the agency must present evidence of why the patient is a danger, and the patient, or his agents (including family or an attorney), can present evidence to show why the patient is no longer a danger. Often, the initial commitment is done while the patient is under an acute episode of mental delusion⁹, or because the patient is under the influence of drugs. So, the patient might submit evidence that he is no longer dangerous because the drugs have worn off, or the episode has passed.

The standard for involuntarily commitment of a citizen is high. The United States Supreme¹⁰ Court has held that due process requires that the government must present “clear and convincing evidence” that the patient needs to be committed for an unspecified period of time. The Court reasoned that the process involves a loss of liberty and stigmatization¹¹, and so the evidence must be higher than the normal “preponderance of the evidence” standard normally used in civil cases. A “preponderance” standard only means that it is more likely than not that the government has carried its burden.

But, the Court refused to require states to use the “beyond a reasonable doubt” standard that is used for criminal incarceration¹². The Court reasoned that the state has a strong interest in protecting the patient and other citizens, and so due process did not require this high burden. However, the Court also noted¹³ that a state was free to require a higher burden than “clear and convincing evidence” if it so chose. The state can require more than the constitutional minimum, just not less.

Last, the state must allow for periodic review procedures to confirm that the patient continues to be a danger to himself or others. This requirement recognizes that some patients suffer from temporary or episodic problems, and keeping the patient against his will when he is no longer a danger simply goes too far.

Turning to Jeff’s question about how to resist involuntary commitment, state courts have looked to various indications that the patient is not a danger to himself. The most common example comes in the form of testimony¹⁴ from family members and treating physicians where they testify that the patient voluntarily takes medications that keep the patient from being a danger. Conversely, testimony that the patient refuses medication or treatment is strong evidence that the patient needs to be committed. The other main point of contention¹⁵ is the link between the mental illness and dangerousness. So, several courts in Illinois and Alabama reversed commitment orders where the government proved that a patient suffered from a mental illness, but failed to present evidence showing that the mental illness was the cause of the patient’s behavior that caused harm.

And last, please note that involuntary civil commitment is a very different animal than a conservatorship or guardianship¹⁶. A conservatorship establishes the authority for a private person, not the government, to care for another and make decisions about their property and sometimes health care. This is often used for elderly parents who might suffer from dementia and are therefore unable to take care of their daily lives. The parent is not really a danger to others, but would likely deteriorate¹⁷ if another person did not have the legal power to care for them. There are different standards and legal principles that apply to conservatorships that I can discuss in a future episode.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁸ 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 implemented   

v.实现( implement的过去式和过去分词 )；执行；贯彻；使生效

参考例句：

• This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。 来自《现代汉英综合大词典》
• The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革，经济就面临崩溃的危险。 来自辞典例句

4 jurisdictions   

司法权( jurisdiction的名词复数 )； 裁判权； 管辖区域； 管辖范围

参考例句：

• Butler entreated him to remember the act abolishing the heritable jurisdictions. 巴特勒提醒他注意废除世袭审判权的国会法令。
• James I personally adjudicated between the two jurisdictions. 詹姆士一世亲自裁定双方纠纷。

5 commissioner   

n.（政府厅、局、处等部门）专员，长官，委员

参考例句：

• The commissioner has issued a warrant for her arrest.专员发出了对她的逮捕令。
• He was tapped for police commissioner.他被任命为警务处长。

6 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。

7 minor   

adj.较小(少)的，较次要的；n.辅修学科；vi.辅修

参考例句：

• The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
• I gave him a minor share of my wealth.我把小部分财产给了他。

8 infraction   

n.违反；违法

参考例句：

• He was criticized for his infraction of the discipline.他因违反纪律而受到了批评。
• Parking at the bus stop is illegal,Motorists committing this infraction are heavily fined.在公交站停车是违法的，触犯此条的司机将受重罚。

9 delusion   

n.谬见，欺骗，幻觉，迷惑

参考例句：

• He is under the delusion that he is Napoleon.他患了妄想症，认为自己是拿破仑。
• I was under the delusion that he intended to marry me.我误认为他要娶我。

10 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

11 stigmatization   

n.描绘，陈述

参考例句：

12 incarceration   

n.监禁，禁闭；钳闭

参考例句：

• He hadn't changed much in his nearly three years of incarceration. 在将近三年的监狱生活中，他变化不大。 来自辞典例句
• Please, please set it free before it bursts from its long incarceration! 请你，请你将这颗心释放出来吧！否则它会因长期的禁闭而爆裂。 来自辞典例句

13 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

14 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

15 contention   

n.争论，争辩，论战；论点，主张

参考例句：

• The pay increase is the key point of contention. 加薪是争论的焦点。
• The real bone of contention,as you know,is money.你知道，争论的真正焦点是钱的问题。

16 guardianship   

n. 监护, 保护, 守护

参考例句：

• They had to employ the English language in face of the jealous guardianship of Britain. 他们不得不在英国疑忌重重的监护下使用英文。
• You want Marion to set aside her legal guardianship and give you Honoria. 你要马丽恩放弃她的法定监护人资格，把霍诺丽娅交给你。

17 deteriorate   

v.变坏；恶化；退化

参考例句：

• Do you think relations between China and Japan will continue to deteriorate?你认为中日关系会继续恶化吗？
• He held that this would only cause the situation to deteriorate further.他认为，这只会使局势更加恶化。

18 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。