Preview

Arguments Against Community Treatment Orders

Good Essays
Open Document
Open Document
650 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Arguments Against Community Treatment Orders
Psychiatry has come a long since asylums ruled the mental health world. Has society today moved forward from this harsh history? Mental health is a widely understood term, with various treatment options for those who are in need. Community treatment orders is one option that is offered. However, such option may be an example of the system moving two steps back towards its olds regime. This paper will analyze the debate towards the ethics behind Community Treatment Orders.

Community treatment order is defined as “the legal provision by which a physician may require a person with a mental illness who meets specific criteria to follow a course of treatment while living in the community.”(O’Reilly, Richard). To the average reader this definition
…show more content…
Community treatment orders are given to individuals who refuse therapy. Such extreme force into medication and or treatment seems barbaric. Furthermore, a person who has a severe mental illness may be incapable of understand their clinical situation (Jose, Manual), making it more difficult to agree with a third party who has no familial connection to this individual to make decisions.
As we are one month into the year 2016 it would be assumed that society has conveyed itself from the removal of a persons right to form decisions. The book Tranquil Prisons presents a thought provoking case study that perfect depicts the stripping of a persons right to choose. In the Mullins case, the individual involved was experiencing some challenges in their life, which induced symptoms of anxiety that brought him to voluntarily seek help. In short, the medical team wrongfully treated the patient with medication putting him in a state where he could not make the proper decisions. This is a perfect example of coercion through the hand of

You May Also Find These Documents Helpful

  • Good Essays

    Associate Ltd (2005) article show that in 1971 a Gp Practitioner murdered 250 patients over a 27 year period in practice. The author believes that the event that occurred in the article contradicts the legal law of rights to life because the Gp deprived 250 patients of unlawful violence and death (Libadmin 2010). It could be argued life is sacred; every individual has a right to preserve their own life and therefore is wrong to end another’s regardless of ethnic or cultural differences (rsrevision 2015). Homicide act (1957) questions the rights of life as it creates a double effect whether it is ethical right if a patient complies with ending their life. For example, patient wanting death through overdose or pain relief, we are unable to know…

    • 140 Words
    • 1 Page
    Good Essays
  • Good Essays

    It is easy to just follow along with the laws and rules of the health care system; however, a nurse must advocate for the patients. In the case of dealing with an individual with mental health issues that requires treatment; it is necessary that a nurse provide resources that could benefit the patient and their family. Not only did this book, greatly and positively impact the nursing care that one provides, it also showcases how skewed the healthcare/mental system is. This system is focused on the laws, that are focused on the rights of the patient, and therefore fail to note that some patients with psychological issues, lack the insight or judgment to make informed decisions. The three categories to involuntary detain someone only help a small population. What about someone that is wandering the streets talking to themselves, clearly needs help, and is made fun of by the community. This person is labeled by society as “Crazy”, yet because they are not a danger to themselves, not a danger to others, or gravely disabled, they can continue to roam the streets without treatment. The healthcare/mental health system, is greatly influenced by the legal/justice system. The legal/justice system is also skewed, as this system focuses on the rights of the patient, and fails to address what is medically best for the individual. There is a disconnect with what is medically correct, as…

    • 1093 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Frontline: New Asylums addresses the lack of effective policies to facilitate treatment and rehabilitation for the mentally ill within the prison system. The social injustice theoretical perspective addresses the need for social benefits, resources and protection of the mentally ill within the criminal justice system. The perspective provides equal access of resources to all people and is based on human need rather than political or social power.…

    • 252 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Doe V. Delie Case Study

    • 626 Words
    • 3 Pages

    However, there are instances where the governmental interests that might outweigh the incarcerated individual’s right to refuse medical treatment: preservation of life;…

    • 626 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In this article, the incarceration of the mentally ill is encouraged because it is safer than keeping them in mental institutions. It claims that mental institutions are extremely dangerous by their very nature and the nurses there are trained to treat the mentally ill, not to keep them from hurting themselves or other people. In prisons however, the guards are equipped with the experience of a 16 week training program and are able to handle any commotion that might be made without endangering the lives of the prisoners or the public. This viewpoint is contrary to that in Pete Earley’s book because it endorses the imprisonment of the mentally ill, while in contrast Earley strongly believes the mentally ill need treatment, not imprisonment.…

    • 863 Words
    • 4 Pages
    Satisfactory Essays
  • Powerful Essays

    Baker Act 10 2013

    • 5119 Words
    • 45 Pages

    Agenda Introduction to related laws Criteria for and initiation of: Risks & Responsibilities Baker Act & Marchman Act Baker Act Involuntary Examinations Marchman Act Involuntary Admissions Emergency Medical Conditions Rights of Persons Training Resources Questions & Answers Baptist Health South Florida October 8, 2013 2 Alternatives to the Baker Act History & Overview Mental Illness Only Marchman Act, Chapter 397 Developmental Disabilities, Chapter 393 History Psychiatric – Not Medical Emergency Examination & Treatment of Incapacitated Persons Act, Chapter 401 Federal EMTALA – Emergency Medical Treatment and Active Labor Act & State’s Access to Emergency Services & Care, 395.1041, F.S. 766.103 Florida Medical Consent Law Probate Rule 5.900…

    • 5119 Words
    • 45 Pages
    Powerful Essays
  • Good Essays

    Terri Schiavo Case

    • 913 Words
    • 4 Pages

    Recent cases have drawn attention to the issue of individual autonomy, and what is sometimes referred to as ‘the right to die’. Adult patients who are mentally competent have the right to refuse medical treatment even when that refusal can lead to worsening ill health and even death. This refusal of treatment may only be ignored when statutory law provides for treatment without consent, or a judge makes an order that overrides the patient’s consent. While this is largely accepted when patients are physically and mentally competent, it becomes a complex issue when a person is mentally competent, but due to physical incapacity are in care because they are unable to care for themselves. A person may be mentally competent but due to being a quadriplegic…

    • 913 Words
    • 4 Pages
    Good Essays
  • Good Essays

    This source begins by introducing the inequality and lack of funding in the mental health care system. The government acts as the source of the stigma in mental health, as certain laws prevent a parity of physical and and mental health. This tells the mentally ill that they are less deserving of a decent life than others. The article then continues to describe the struggle of finding mental health care in a discriminatory society. Often times, funding is so poor and services hard to come by that patients don’t get help until it’s too late. While the creators of these policies had the good intentions to reduce asylums…

    • 616 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    There are many different argument both for and against mandatory minimum drug sentencing. However there are more arguments against mandatory minimum drug sentencing then there are for the support of the mandatory sentencing. One of the biggest arguments against mandatory minimum drug sentencing is that it was originally intended to target the higher level drug dealers but the majority of the cases have only been low level drug dealers. One of the other arguments is that will cause the jail systems to become overcrowded and that if is unfair.…

    • 428 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    From viewing the American Psychiatric Nurse Association (APNA), this paper presents divergent views on the topics of seclusion and restraints in which I am seeking to prove that ethical principles do not morally uphold psychiatric patient’s rights constitutionally as well as the engagement of unjust practices seen in improving patient outcomes.…

    • 650 Words
    • 3 Pages
    Better Essays
  • Powerful Essays

    There is an agreement that about 2.8% of the US adult population suffers from severe mental illness. The most severely disabled have been forgotten not only by society, but by most mental health advocates, policy experts and care providers. Deinstitutionalization is the name given to the policy of moving severely mentally ill patients out of large state institutions and then closing the institutions as a whole or partially. Deinstitutionalization is a multifunctional process to be viewed in a parallel way with the existing unmet socioeconomical needs of the persons to be discharged in the community and the development of a system of care alternatives (Mechanic 1990, Madianos 2002). The goal of deinstitutionalization is that people who suffer day to day with mental illness could lead a more normal life than living day to day in an institution. The movement was designed to avoid inadequate hospitals, promote socialization, and to reduce the cost of treatment. Many problems developed from this policy. The discharged individuals from public psychiatric hospitals were not ensured the medication and rehabilitation services necessary for them to live independently within the community. Many of the mentally ill patients were left homeless in the streets. Some of the discharged patients displayed unpredictable and violent behaviors and lacked direction within the community. A multitude of mentally ill patients ended up incarcerated or sent to emergency rooms. This placed a huge burden on the jail systems.…

    • 2151 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    This article was primarily written to argue that patient deserve to have the control over their life and let them make the decision for their treatment.…

    • 851 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Mandatory Minimum sentencing usually is defined when a judge is determined to deliver a fixed amount of years in prison to an individual for a convicted crime. Most mandatory minimum sentences apply to drug offenses but it also applies to other crimes, like having an unlicensed gun, fraud, and many others. Mandatory Minimum legislature contributes to the truth that America has a systematic problem in the increase of mass incarceration and men of color are being deprived of their natural rights. The mandatory minimum sentence doesn’t resolve the dilemma of crime. American nonviolent drug offenses should be prosecuted, but Mandatory Minimum sentencing should be eradicated.…

    • 640 Words
    • 3 Pages
    Good Essays
  • Good Essays

    While it is important to understand the differences in today’s institution compared to their predecessors; it is also critical to take heed of lessons learned. Throughout history mankind has been challenged by how to treat members of society who are different whether these differences are based on physical or mental attributes. As for mental illness, we have entered into an age of new beginnings where the negative aspects of these places are being forgotten and images of safety and happiness for these patients are being…

    • 863 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the mid-1900s, the discovery of psychological and drug methods had a rapid succession as a form of treatment and created a decline of patients in asylums. Psychiatrists of this era worked in the asylums practicing “moral treatment” or “moral management”, a humane approach at quieting mental turmoil, this then replaced the often-cruel treatment that then prevailed. This treatment was also based on the belief that the environment was a vital role. Replacing shackles, chains and cement…

    • 744 Words
    • 3 Pages
    Good Essays