International developments within the last twenty years have demonstrated controversial shifts in treatment for people with mental illnesses and the care of persons with intellectual disabilities. These shifts have been apparent in an emphasis on deinstitutionalization, increased scrutiny of detention and discharge decisions and, in some countries, in enforced treatment and care in the community. As we become increasingly conscious of the political and moral dimensions of civil commitment, these concerns are reflected in the professional literature, but this does not often enough focus on issues of clinical and legal principle, nor is it in a form which encourages comparative analysis. This collection draws on contributors from the UK, the USA, Australia, the Netherlands, Canada and New Zealand, who share a commitment to evaluating whether the civil detention processes protect the liberty, dignity and justice interests of those with mental illnesses and intellectual disabilities. The book is written from a therapeutic jurisprudence perspective and poses a number of questions with international application, such as: Are more categories of people being detained? Is involuntary detention serving new purposes? Are different forms of detention gaining credence and being more widely utilized? And, are admission decisions and review of detention decisions transparent, consistent, and just?
Contents: Introduction: Introduction, Kate Diesfeld and Ian Freckelton. International Approaches: A therapeutic jurisprudence model for civil commitment, Bruce J. Winick; Involuntary treatment: searching for principles, Genevra Richardson; The rights of involuntarily admitted psychiatric patients: European developments, Johan Legemaate. Involuntary Detention of Those with Mental Illnesses: Where is the asylum?, Suzy Stevens; Decision-making by psychiatrists about involuntary detention, Ruth Vine; Choosing among options for compulsory care, John Dawson; All locked up with nowhere to go: treatment refusal in the involuntarily hospitalized psychiatric population in Canada, Mona Gupta. Review of Involuntary Detention Decision-Making: The release of Judge Schreber in Saxony 1902: an historic example of modern decision-making about involuntary detention, Ian Freckelton; Therapeutic potential in review of involuntary detention, Stephanie du Fresne; Mental heath review tribunals, Elizabeth Perkins; Patients' views of the mental health review tribunal procedure in England, Nicola Ferencz; Discharge of restricted patients from special hospitals in England and Wales: law and practice, Lucy Scott-Moncrieff. Legal Criteria for Involuntary Detention of Those with Mental Illnesses: Involuntary detention decision-making, criteria and hearing procedures: an opportunity for therapeutic jurisprudence in action, Ian Freckelton; Capacity and confinement; when is detention not detention?, Peter Bartlett; Insights on 'Insight': the impact of extra-legislative factors on decisions to discharge detained patients, Kate Diesfeld; Involuntary detention of persons found not guilty of murder by reason of mental impairment or found unfit to stand trial: a new jurisprudence from Victoria, Ian Freckelton. Involuntary Outpatient Detention: Coerced community treatment: international trends and outcomes, Virginia Aldige' Hiday; Mandated community treatment: the potential role of violence risk assessment, John Monahan; A clinical perspective on involuntary outpatient treatment: efficacy and ethics, Alexander I.F. Simpson; Rights issues in compulsory community treatment, Sylvia Bell. Intellectual Disabilities and Involuntary Detention: Throwing away the key: people with intellectual disability and involuntary detention, Kelley Johnson and Sue Tait; New Zealand's intellectual disability (compulsory care) legislation, Warren J. Brookbanks; Criteria for discharge of people with learning disabilities: a comparative analysis, Kate Diesfeld; Bibliography; Index.
About the Editor: Ian Freckelton is a Barrister and also a Professor at Monash University, Australia. Kate Diesfeld works at the Auckland University of Technology, New Zealand
Reviews: ‘…Involuntary Detention and Therapeutic Jurisprudence adds an immeasurable dimension to the available international perspectives into the complexities and competing interests underpinning civil commitment processes. The quality of research and writing, and breadth of relevant backgrounds and experience of the authors will quickly establish this volume as a new "classic" in the field to all those interested in the protection of fundamental human rights, and the treatment with dignity of those with mental illnesses and intellectual disabilities.’ John Lesser, President, Mental Health Review Board of Victoria, Australia
‘This is an absolutely first-rate book on civil commitment. It is a unique contribution in that it is fully international in its coverage, and thoroughly interdisciplinary in its approach. Moreover, the high-quality contributions by the individual chapter writers are given coherence by the unifying theme of a therapeutic jurisprudence approach, dramatically distinguishing this volume from the typical
state-of-the-art collection. Kate Diesfeld and Ian Freckelton deserve high praise for producing an outstanding work that breaks new ground and promises to have lasting value in the field.’
Professor David B. Wexler, University of Arizona, USA and University of Puerto Rico, Puerto Rico
‘...a most impressive collection of papers by most of the leading international scholars and researchers on mental health policy...the essays are of a uniformly high standard and are up-to-date in a way which is all too rare in such collections...this is one of those books of essays which will stand the tests of the passage of time and of value for money. The book is cohesive, the issues are topical, the coverage is comprehensive and the research is first class. Mental health practitioners, scholars and policy analysts should add it to their bookshelf. Mine will certainly receive regular use.’ Psychiatry, Psychology and Law
'This is without doubt a monumental collection of scholarship at the highest level. The book will appeal to a wide multi-disciplinary and international audience…an essential point of reference.' Law and Medicine
'…an in-depth and thorough evaluation of whether civil detention processes protect the liberty, dignity and justice interests of the mentally ill and intellectually disabled.' Bulletin of Medical Ethics