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Texas set the bar for involuntary commitment for treatment by raising the burden of proof required to commit persons from the usual civil burden of proof of "preponderance of the evidence" to the higher standard of "clear and convincing evidence". [27] An example of involuntary commitment procedures is the Baker Act used in Florida. Under this ...
The Lanterman–Petris–Short (LPS) Act (Chapter 1667 of the 1967 California Statutes, codified as Cal. Welf & Inst. Code, sec. 5000 et seq.) regulates involuntary civil commitment to a mental health institution in the state of California. The act set the precedent for modern mental health commitment procedures in the United States.
Criteria for involuntary commitment are generally set by the individual states, and often have both short- and long-term types of commitment. Short-term commitment tends to be a few days or less, requiring an examination by a medical professional, while longer-term commitment typically requires a court hearing, or sentencing as part of a ...
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Paul Ricœur distinguishes two forms of self, the idem, a short term experience of the self, and the ipse, a longer term persistent experience of the self. In mental illness, the autonomy of the ipse can be undermined by the autonomy of the idem, so involuntary mental health treatment can trade one form of autonomy for another. [65]: 90
The word "voluntary" appears 53 times in the Baker Act, while the word "involuntary" appears 224 times. [15] The Baker Act addresses "voluntary admission" (F.S. 394.4625), including the authority to receive patients, discharge of voluntary patients, notice of right to discharge, and transfer to voluntary status from an involuntary status. [ 16 ]
Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent further criminal acts.. Preventive detention sometimes involves the detention of a convicted criminal who has served their sentence but is considered too dangerous to release.
Ever since Matt Gaetz resigned from the House — and subsequently withdrew his name from co n sideration to be President-elect Donald Trump's nominee for attorney general — questions have ...
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