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The Empirical Consequences and Policy Implications of Broadening the Statutory Criteria for Civil Commitmentt

By Mary L Durham and John Q La Fond


Traditionally, the power of the state has included the power to commit mentally ill citizens to psychiatric hospitals against their will. The state\u27s authority to confine the mentally ill rests upon two distinct legal doctrines: parens patriae and police power. Under its parens patriae authority, the state acts on behalf of certain individuals who are believed incapable of acting in their own best interest. The police power authorizes the state to confine certain persons for prevention of harm to the community

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 2015
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