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Limits of Constitutional Protections in Civil Commitment Proceedings.

Authors :
Brown, Benjamin C.
Heller, Johnathan M.
Source :
Journal of the American Academy of Psychiatry & the Law; Sep2024, Vol. 52 Issue 3, p380-383, 4p
Publication Year :
2024

Abstract

This article discusses two legal cases involving medical and mental health issues. In the first case, a court rejected the argument that a medical institution should be protected under federal law during the COVID-19 pandemic, ruling that it was a state medical malpractice case. In the second case, the Supreme Court of Iowa affirmed a ruling denying a patient's motion to represent himself in an involuntary civil commitment proceeding. The court determined that the patient did not have the right to self-representation in this type of proceeding, as there is no provision in Iowa law allowing for the waiver of the right to counsel in civil commitment cases. The court ultimately upheld the patient's continued commitment due to his dangerous behavior. [Extracted from the article]

Details

Language :
English
ISSN :
10936793
Volume :
52
Issue :
3
Database :
Supplemental Index
Journal :
Journal of the American Academy of Psychiatry & the Law
Publication Type :
Periodical
Accession number :
179587423
Full Text :
https://doi.org/10.29158/JAAPL.240061L1-24