Do no harm in due process – a historical analysis of social determinates of institutionalization in the USA

2021 ◽  
pp. 0957154X2110346
Author(s):  
Tyler Durns

Involuntary hospitalization has been a fundamental function of psychiatric care for mentally ill persons in the USA for centuries. Procedural and judicial practices of inpatient psychiatric treatment and civil commitment in the USA have served as a by-product of socio-political pressures that demanded constant reform throughout history. The origin of modern commitment laws can best be understood through the lens of cultural paradigms that led to their creation and these suggest caution for future legislative amendments.

2014 ◽  
Vol 20 (1) ◽  
pp. 52-60 ◽  
Author(s):  
Jason Luty

SummaryPsychiatrist Thomas Szasz fought coercion (compulsory detention) and denied that mental illness existed. Although he was regarded as a maverick, his ideas are much more plausible when one discovers that between 1939 and 1941, up to 100 000 mentally ill people, including 5000 children, were killed in Nazi Germany. In the course of the Nazi regime, over 400 000 forced sterilisations took place, mainly of people with mental illnesses. Other countries, including Denmark, Norway, Sweden and Switzerland, had active forced sterilisation programmes and eugenics laws. Similar laws were implemented in the USA, with up to 25 000 forced sterilisations. These atrocities were enabled and facilitated by psychiatrists of the time and are only one example of the dark side of the profession. This article reviews some of these aspects of the history of psychiatry, including Germany's eugenics programme and the former USSR's detention of dissidents under the guise of psychiatric treatment.


2004 ◽  
Vol 6 (1) ◽  
pp. 75-92 ◽  
Author(s):  
James E. Goggin

Interest in the fate of the German psychoanalysts who had to flee Hitler's Germany and find refuge in a new nation, such as the United States, has increased. The ‘émigré research’ shows that several themes recur: (1) the theme of ‘loss’ of one's culture, homeland, language, and family; and (2) the ambiva-lent welcome these émigrés received in their new country. We describe the political-social-cultural context that existed in the United States during the 1930s, 1940s and 1950s. Documentary evidence found in the FBI files of three émigré psychoanalysts, Clara Happel, Martin Grotjahn, and Otto Fenichel, are then presented in combination with other source material. This provides a provisional impression of how each of these three individuals experienced their emigration. As such, it gives us elements of a history. The FBI documents suggest that the American atmosphere of political insecurity and fear-based ethnocentric nationalism may have reinforced their old fears of National Socialism, and contributed to their inclination to inhibit or seal off parts of them-selves and their personal histories in order to adapt to their new home and become Americanized. They abandoned the rich social, cultural, political tradition that was part of European psychoanalysis. Finally, we look at these elements of a history in order to ask a larger question about the appropriate balance between a liberal democratic government's right to protect itself from internal and external threats on the one hand, or crossover into the blatant invasion of civil rights and due process on the other.


2007 ◽  
Vol 7 ◽  
pp. 1810-1820 ◽  
Author(s):  
Søren Ventegodt ◽  
Isack Kandel ◽  
Joav Merrick

Clinical holistic medicine (CHM) is short-term psychodynamic psychotherapy (STPP) complemented with bodywork and philosophical exercises, to be more efficient in treating patients with severe mental and physical illness. STPP has already been found superior to psychiatric treatment as usual (TAU) and thus able to compete with psychiatric standard treatment as the treatment of choice for all non-organic mental illnesses; we have found the addition of bodywork and philosophy of life to STPP to accelerate the process of existential healing and recovery (salutogenesis). In this paper we compare the side effects, suicidal risk, problems from implanted memory and implanted philosophy of CHM with psychopharmacological treatment. Method: Qualitative and quantitative comparative review. Results: In all aspects of risks, harmfulness, and side effects, we have been considering, CHM was superior to the standard psychiatric treatment. The old principle of “first do no harm“ is well respected by CHM, but not always by standard psychiatry. CHM seems to be able to heal the patient, while psychopharmacological drugs can turn the patient into a chronic, mentally ill patient for life. Based on the available data CHM seems another alternative to patients with mental illness. There seem to be no documentation at all for CHM being dangerous, harmful, having side effects of putting patients at risk for suicide. As CHM uses spontaneous regression there is no danger for the patient developing psychosis as, according to some experts, has been seen with earlier intensive psychodynamic methods. CHM is an efficient, safe and affordable cure for a broad range of mental illnesses.


2016 ◽  
Vol 17 (3) ◽  
pp. 183-197
Author(s):  
Ewelina Dziwota ◽  
Diana Żmuda ◽  
Rafał Dubiel ◽  
Kamila Dziwota ◽  
Renata Markiewicz ◽  
...  

AbstractThis article is a case study of a 28-year-old patient diagnosed with F23. The report is preceded by an extensive literature review describing the situation of the mentally ill, in which psychiatry intermingles with spirituality and the sacrum.The aim of the study was to investigate the relationship between religion/spirituality and schizophrenia as well as to draw attention to the complex problem of differential diagnosis of religious and spiritual problems. When is psychiatric treatment enough and when is intervention of a priest really essential?The authors discuss the problem of mental disorders in connection with religion and spirituality in the clinical context. The article shows that it is very important that the processes of diagnosis and treatment take into account the patients’ individual traits, beliefs, values and spirituality.


2014 ◽  
Vol 116 (12) ◽  
pp. 1-16
Author(s):  
Scott Gelber

Background/Context Legal scholars often contrast the litigiousness of contemporary American higher education with a bygone era characterized by near-absolute respect for academic authority. According to this account, a doctrine of “academic deference” insulated colleges until the 1960s, when campus protests and new federal regulations dramatically heightened the intensity of legal oversight. This study tests that conventional wisdom, and its underlying assumption about the origins of student rights, by analyzing expulsion suits during the 100 years before 1960. Purpose Faculty and administrators tend to question if external legal pressure can play a constructive role in debates about higher education. This predisposition tempts us to invoke an earlier era of in loco parentis in order to portray institutional autonomy as a time-honored source of academic achievement. By highlighting overlooked state statutes (especially regarding public institutions) and contractual obligations (especially regarding private institutions), this study examines whether the power to discipline students in loco parentis actually triumphed prior to the 1960s. Research Design The study presents a historical analysis of the 44 college expulsion cases that were reported between 1860 and 1960. Examination of reported decisions was supplemented by archival research regarding landmark cases. Conclusions/Recommendations This study concludes that courts regularly reinstated expelled students during the late 19th and early 20th centuries. These cases indicate that the power to act in loco parentis was limited by a countervailing tradition that emphasized college access and compelled institutions to provide due process prior to dismissal. This early strain of decisions laid the groundwork for the more expansive view of student rights that emerged during the 20th century. This finding encourages faculty and administrators to recognize the legal traditions and student dissenters that helped to enshrine accessibility as a defining feature of American higher education.


2003 ◽  
Vol 10 (2) ◽  
pp. 183-199 ◽  
Author(s):  
◽  
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...  

AbstractDuring the past decades the Western countries have paid attention to their Mental Health legislation, in particular, by making changes concerning involuntary treatment. In Western countries legislation allows involuntary treatmentof the mentally ill. Involuntary psychiatric treatment is motivated by either potential harm to others (for the good of society) or by need for treatment and/or potential self-harm (for the good of the patient). The aims of this study were to describe to what extent the danger to others criterion is used as a motivation for involuntary hospitalization and detainment in Finland, and to what kind of patients this criterion is applied. The study involves a retrospective chart review of all the treatment periods of a six month admission sample in three Finnish university hospitals. We found that potential harm to others has been rarely used as a motivation for involuntary referral or detainment together with other motivations, and virtually never as the sole motivation. With the exception of gender, which was most often male, patients with potential harm to others did not differ significantly from other involuntarily treated patients. Coercion (defined as seclusion, the use of restraints, forced medication, physical restraint or restrictions in leaving the ward) was not used with these patients more regularly than with the patients motivated by the other criteria. Length of stay (LOS) in a psychiatric hospital did not differ between the patients determined harmful to others and the other involuntarily treated patients.


Author(s):  
Som Sekhar Bhattacharyya ◽  
Bibhash Laik ◽  
Divya Sharma ◽  
Tirthankar Bose

Venture capital (VC) provides a platform to empowered individuals with financial constraints to transform their ideas into business models and attain commercial success. This article reviewed the growth and trends of VC industry across various regions such as the United States of America (USA), Europe, China, and India. Initially, VC firms flourished and developed in the USA and still it harbors the largest VC industry. From the USA, VC firms spread to Europe and then much later to emerging economies like China and India. Although the VC ecosystem had started late in China, it had registered higher growth when compared to Europe in terms of VC investment. China has become the second largest VC market. It was backed by government initiatives, vast market opportunities, and home-grown technology firm investments. India has started observing growth in VC space later than China but had ample opportunities to allow for a surge in VC activities.


1957 ◽  
Vol 103 (433) ◽  
pp. 699-709 ◽  
Author(s):  
William Sargant

This Address tonight will mostly concern psychiatric treatment, and it must be quite exceptional, I think, for those of us, still in our late forties, to have lived through such a revolution in treatment as we have seen in the last twenty years in this country. In this revolution I believe we have seen Great Britain emerge as one of the countries now leading the world in the skilled, humane and all-round treatment of her mentally ill patients. There is obviously still very much that needs to be done, yet we must try not to underestimate what has already been achieved recently in this country.


1987 ◽  
Vol 15 (3) ◽  
pp. 433-454 ◽  
Author(s):  
Virginia Aldigé Hiday ◽  
Lynn Newhart Smith

This study presents data from a large statewide sample of civil commitment respondents, which challenge beliefs about the deleterious effects of the dangerousness standard on the mentally ill and on mental hospitals. Using objective behavioral criteria, this study finds that the mentally ill brought into the civil commitment process and those committed by the courts to involuntary hospitalization are not limited to the violent, much less the violent to others. Their dangerousness is often toward self and is nonviolent. Many even have no allegations of dangerous behavior. Furthermore, most who are violent do not reach high levels of violence. Reasons for continuation of the beliefs that the dangerousness standard causes the abandonment of the nondangerous mentally ill and causes the filling of mental hospitals with the violent are discussed.


2019 ◽  
Vol 28 (04) ◽  
pp. 752-758 ◽  
Author(s):  
H. PAUL CHIN

For individuals whose mental illness impair their ability to accept appropriate care—the depressed, acutely suicidal mother, or the psychotic lawyer too paranoid to eat any food—statutes exist to permit involuntary hospitalization, a temporary override of paternalistic benefice over personal autonomy. This exception to the primacy of personal autonomy at the core of bioethics has the aim of restoring the mental health of the temporarily incapacitated individual, and with it, their autonomy.


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