History and Moral Development of Mental Health Treatment and Involuntary Commitment

Topics: Psychiatry, Psychiatric hospital, Involuntary commitment Pages: 26 (10391 words) Published: January 1, 2006
History and Moral Development of Mental Health Treatment and Involuntary Commitment

The history of involuntary commitment has been developed and created through the history of mental illness and the constructs of society. Government policy has been created to treat mental illness and this philosophy of mental illness and its treatment goes as far back as Greek Mythology. The belief about mental illness has changed throughout history and at times thought to be due to, possession of demons, reversion to an animalistic level of consciousness, a sinful state of the soul, a chemical imbalance, and as reported recently in the medical journal Nature and Genetics, a defect in chromosome number six (at least as far as schizophrenia is concerned). The authority of the state to involuntarily commit an individual for care ran the range from the absolute power of the king as sovereign to order incarceration, to the due process of law to protect life and liberty of persons with mental illness under constitutional and state law. In recent years involuntary commitment has become increasingly more difficult, due to many various legal reforms, such as the increased number of professions with the ability to assist with the process, the least restrictive mandate, and the right to refuse treatment mandate. Maine has created amendments to laws that have changed the dynamics of involuntary commitment, including giving persons the ability to refuse treatment, restricting involuntary commitment to persons that are at high risk to themselves or others, and placing limits on time around the number of hours a person can be held for psychiatric evaluation. The moral standards in society raises question of a breach of the constitution are created with this process of involuntary commitment. Thomas Szasz argues that involuntarily committed and involuntary treatment of a mental illness represents a violation of the individual's civil liberties and takes away a person's autonomy, gaining power and control over him or her. The moral conflict within society represents a constant change in the perception of mental illness. The following is a review of the history of mental illness and the treatments created through various times, including the emergence of mental illness as a diagnosis different from social deviance. Involuntary commitment was established to assist in maintaining safety for individuals as well as society and became a part of treatment for persons with mental illness. The commitment laws were created through history on a federal level and established within the state level. The State of Maine laws and amendments to the commitment laws will be reviewed as well as the impact on society and individuals with mental illness. Also discussed will be a summary of the controversy within society around the morality of forced treatment and the interpretation on constitutional rights by politicians and philosophers. Ancient History of Involuntary Commitment

Greek philosophy, government, and culture are the ascendants to our own social and legal practices of involuntary commitment today. The creation of the "insanity defense," the definition the "asylum" as a place of rest, peace and recovery for the mentally ill, and definition of the basic principles of "informed consent," were all originally developed in ancient Greece and these fundamentals have changed very little since then. The lack of criminal liability due to the existence of a mental illness, which impairs judgment or behavior, is defined as the "insanity defense." In the extensive myths concerning Hercules, which is stated that later in his life to have killed his wife and three children due to a curse from the goddess Hera. Regardless of this tragic murder being witnessed by the town's people, he was nevertheless excused from this behavior due to the mental confusion caused by the curse. This is precisely the formula of the modern "insanity defense." Accordingly, Hercules was...

Citations: Hamilton, Edith Mythology 162-63 (Mentor ed. 1942, reprint 1971) http://ffjh.davis.k12.ut.us/thompson/myths/ehmyth09/HERCULES.HTM
Darton, Katherine
Meinsma, Robert. (1998) "A brief history of mental therapy." http://home.earthlink.net/~openedbook/History.mental.therapy.html
Stevens, Daniel
Hippocrates. Encyclopedia Britannica (Online) http://www.eb.com/Hippocrates (November 12, 1997)
Making Health Care Decisions: The Ethical and Legal Implications of Informed Consent in the Patient-Practitioner Relationship, Volume One: Report, (Oct
Isaac, Rael Jean & Armat, Virginia C. (1990) Madness in the Streets: How Psychiatry and the Law Abandoned the Mentally Ill. New York: Free Press. Toronto. Collier Macmillan Canada.
Torrey, Edwin Fuller
M. Foucault, Madness and Civilization: A History of Insanity in the Age of Reason 38-56, 1988, Knopf Publishing Group
Brakel, Sameul, Perry, John & Weiner, Barbara
Public Laws of Maine, Vol 1., Part 1, Sec 49, 214-215 Courts of Probate, 1821
Revised Statutes of Maine, Vol 1, C
Legislative Document, State of Maine, S. P. 283, No. 884. An ACT governing hospitalization of the mentally ill. (One-Hundredth Legislature, 1961)
Legislative Document, State of Maine, S
Legislative Record – Senate, Communication State of Maine Supreme Judicial Court, 1431-1433. April 25, 1961
Public Laws, Ch
Public Laws, Ch 547, Sec. 14-19, 1973
Public Laws, Ch
Public Laws, Ch 629, Sec 1 –2, 1978
Public Laws, Ch 143, Sec 1, 1995
Public Laws, Ch 62, Sec 1-3, 1995
Public Laws, Ch 683, Sec B-23, 1997
Durham, M.L. (1996). Civil Commitment of the mentally ill: research, policy and practice. In B. D. Sales & S. A. Shah (Eds.), Mental Health & Law: Research, Policy and Service. 17-40. Durham, NC: Carolina Academic Press.
Committee on government Policy, Group for the Advancement of Psychiatry (1994). Forced into Treatment: the Role of Coercion in Clinical Practice. Report No. 137. Washington D.C.: American Psychiatric Press.
Vice, J. (1989). The Morality of Mental Illness: Thomas Szasz 's Critique of Psychiatry. Journal of Humanistic psychology, Vol. 29 No. 3, 385-393. Sage publications.
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