Involuntary Detention and Therapeutic Jurisprudence

Ian Freckelton is a Barrister and also a Professor at Monash University, Australia. Kate Diesfeld works at the Auckland University of Technology, New Zealand

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.