Louisiana Law Review
Volume 31 | Number 1
December 1970
Civil Commitment Procedure in Louisiana
Larry C. Becnel
This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for
inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]
Repository Citation
Larry C. Becnel, Civil Commitment Procedure in Louisiana, 31 La. L. Rev. (1970)
Available at: https://digitalcommons.law.lsu.edu/lalrev/vol31/iss1/11
https://digitalcommons.law.lsu.edu/lalrev
https://digitalcommons.law.lsu.edu/lalrev/vol31
https://digitalcommons.law.lsu.edu/lalrev/vol31/iss1
https://digitalcommons.law.lsu.edu/lalrev/vol31/iss1
mailto:[email protected]
COMMENTS
responsibility of providing a financially solvent enterprise which
could satisfy a judgment secured by a plaintiff injured through
breach of the above standards. However, because of the increas-'
ing difficulty of the duties of the police force, it is felt that
there should be a differentiation between negligent breaches and
intentional breaches. In the former situation, the officer should,
be disciplined by way of administrative procedure while the
municipality should bear the brunt of a civil judgment for the
torts of its employee. However, in the latter situation, the mental
element makes it desirable that the officer and the municipality
be liable in solido. It is noted that such a scheme presupposes
that the veil of municipal immunity would be lifted as previously
discussed. It is submitted that the adoption of the above proposals
would give our courts the gauge by which to adequately judge
and redress violations of the legal rights of criminal suspects
and would in the end accomplish the purpose of upgrading our
police force.
The problem of inappropriate use of deadly force by a police
.officer is as old and as complicated as the problem of crime
itself. To criminally convict or to civilly condemn the individual
policeman is to treat the symptom while encouraging the disease
to fester. The causes of the problem are an inadequately trained
police force and law in the state of generality to the point of
uselessness. It is only when these causes are eliminated that
the problem will be resolved.
Van R. Mayhall, Jr.
CIVIL COMMITMENT PROCEDURE IN LOUISIANA
As of 1966, the United States had between 600,000 and
650,000 persons hospitalized because of mental illness.' Today
more people are involuntarily hospitalized in mental institutions
than are imprisoned for the commission of crime. 2 Volumi-
nous research and writing in both the medical and the legal
fields have been concerned with the problems of America's
mentally disturbed. The dilemma of the mentally ill is com-
1. Couch, Book Review, 44 TUL. L REV. 426, 431 (1970). In 1962-63, the
average daily population in Louisiana mental hospitals was 7,188 patients.
Another 10,069 persons were cared for in c ...
Lesson 4 Mental Health Policy and the Law ReadingsNOTE All.docxSHIVA101531
Lesson 4: Mental Health Policy and the Law
Readings
NOTE: All articles except those with links are on E-Reserves.
Required
Frank, R.G., & Glied, S.A. ( 2006). Better but not well: Mental health policy in the United
States since 1950. Baltimore: Johns Hopkins Press. Chapter 6.
Petrila, J., & Douglas, K. S. (2002). Legal issues in maximum security institutions for people with mental illness: Liberty, security, and administrative discretion. Behavioral Sciences & the Law, 20(5), 463-480. doi:10.1002/bsl.505. Read 463-471.
Levin, B., Hennessy, K.D., & Petrila, J. (2004). Mental Health Services: A public health perspective. Oxford: Oxford University Press. Chapter 3; especially pages 42-50.
Zubritsky, C., Mullahy, M., Allen, M., & Alfano, E. (2006). The State of the Olmstead Decision and the Impact of Consumer Participation in Planning. American Journal of Psychiatric Rehabilitation, 9(2), 131-143. doi:10.1080/15487760600876345.
Optional
Lombardo, P. (1985). Three generations, no imbeciles: New light on Buck v. Bell. 60 New
York Law Review, 60(1), 30-62.
Summary
This week’s lesson centers on some of the key legal decisions that have influenced mental health policy and practices in the United States. We encourage you to explore some of the cases in depth which will be briefly described below; the facts of the cases can be very interesting. Remember, you will be responsible for writing a paper related to mental health law that will be due October 4th.
Early Court Involvement in Mental Health Policy
Until the middle of the 20th century with the advent of the civil rights movement, there were few laws protecting the rights of people with mental illness. Decision-making regarding hospitalization and care was left to hospital directors and psychiatrists with no required consent of the individual. Persons with mental illness could be involuntarily committed to a mental institution and remain there indefinitely with no legal protections. They could be medicated and operated on without their consent. No protections existed to assure that they were treated humanely and that the facilities in which they were housed were sanitary. When lawsuits were brought to defend their rights, cases were very often dismissed or ruled against them One extreme example was Buck v. Bell (1924), where the U.S. Supreme Court ruled that the forced sterilization of a young woman with a developmental disability was not a violation of the Due Process clause of the 14th Amendment to the U.S. Constitution.
Protections that required medical professionals to obtain patient consent before performing a procedure were afforded in Schloendorff v Society of New York Hospital in 1914 but these protections did not applied to those patients who were not of “sound mind”. Only much more recently have medical professionals been required to extend these protections to those with mental illness (see Salgo v. Leland Stanford Jr. University Board of Trustees ...
Week 5 CEA ProjectAssignment Task Submit to complete thlorileemcclatchie
Week
5 CEA Project
Assignment
Task: Submit to complete this assignment
Due May 31 at 11:59 PM
MBA5005 Individual Project
Week 5 Deliverables
This week, you will revise the first part of the paper according to your instructor’s comments. You will add additional articles, laws, cases and summary as outlined below. You will then combine all information and submit the final paper using the instructions provided.
Revisions
Revise the paper submitted in Week 3.
Literature Review
For Week 5, locate two additional scholarly articles related to your topic. Summarize the articles in your own words and explain how they are related to your topic. Do not use published cases for this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Westlaw Campus Research is a good option for finding legal information in law journals. When you combine this section with Week 3, you will have a total of at least four articles.
Laws and Regulations
Research and analyze one additional law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic. When you combine this section with Week 3, you will have a minimum of two laws or regulations. Depending on the topic, you may compare the laws of two states For example, if you are writing about gender discrimination, compare the federal law with law from one of the states that also provides protection at the state level. States often provide more protection than the federal law.
Cases
Research at least two additional published cases (lawsuits) related to the topic you selected. Summarize the cases in your own words and explain how they are related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling. Explain whether you agree or disagree with the court’s decision. Combine the case from Week 3 with this section for a total of three cases.
Summary/Conclusion
As an ending to your paper, summarize what you have learned. Assess and communicate what you believe the future holds as it relates to your topic.
If applicable, discuss how you might apply what your learned to your personal or professional life.
Add the parts from Week 3 and submit your final paper in accordance with the formatting instructions provided.
Formatting Instructions
Submit a 10 to 14-page paper about the topic selected.
The paper should consist of a cover page, short introduction, explanation of the legal issue, literature review, analysis of related laws or regulations, reviews of cases, summary of information learned and application to your professional life, and a separate reference page.
Use APA format for the paper. Review the APA materials ...
RESPOND ONLY TO THE HIGHLIGHTED STATEMENTS AND KEEP THEM LABELED A,B.docxisbelsejx0m
RESPOND ONLY TO THE HIGHLIGHTED STATEMENTS AND KEEP THEM LABELED A,B, AND C
A
.From the e-Activity, compare and contrast the fundamental differences in the manner in which the general populace may interpret court decisions involving social policy. Provide a rationale for your response.
From the e-
activity
, Philip Howard explained is the best, judges apply what is best for the region or expectation. For example, “Perhaps courts inevitably make social policy that this is
inhernet
in the power they yield”(Howard Philip). I don’t remember was it this class are not but social media can also interfere with decision are policies made in the area, with people protesting more and communities broadcasting city council meetings it makes it easier on us to be involved. But
Joffe
, pointed out,” In our system we have constitutions laws and regulations, but also common law evolution and broad discretions”.
Take a position on whether or not you believe the Supreme Court is responsive to public opinion. Examine the extent to which public opinion should affect Supreme Court decisions. Support your response with at least three (3) examples of the perceived effects of public opinion on Supreme Court decisions.
I don't think Supreme Court should be responsive to the public opinion,
1. The Supreme Court has limitation on what they can rule in, for example the Elk Grove case the issue with custodial right was left to the state.
2. They only listen to cases that interfere with the U.S Constitution.
3.Public opinion may affect common law
B.
Summarize three (3) Supreme Court decisions that you believe have had the most impact on our society. Provide a rationale for your response.
Discuss the general role of the U.S. Court System in influencing society. Give your opinion on whether or not you believe that mass media influences court decisions. Provide a rationale for your response.
The t
hree
cases that I believe have had the most impact on our society are as follows:
1. Brown v. Board of Education. In 1954, the Supreme Court ruled that it was unconstitutional and unequal to have separate educational facilities for students based on their race. This case provoked the civil rights movement.
2. United States v. Nixon. In 1974, The supreme Court made a ruling that President Nixon had to turn over tapes and other documents regarding the Watergate scandal. The ruling set preliminaries which limits the power of the president of the United States.
3.
Mapp
v. Ohio. In 1961, the Supreme Court overturned the conviction of
Dollree
Mapp
because the evidence that they collected to use against her was obtained illegally. They wanted to search her home without a warrant looking for a suspect in a bombing but she refused to let them in. They returned later and forced their way into her home. Her case help strengthened the Fourth Amendment, protection against illegal searches.
The court is to protect the citizen rights and to uphold the Constitution. The judges are app.
The history of inmate healthcare dates back to 1970 when the Arkansa.pdfjovankarenhookeott88
Suppose that T is a topology on R that contains the set of all closed intervals. Prove that T is the
discrete topology on R.
Solution
Given:
T is a topology on R that contains the set of all closed intervals
Then for each xR,
[x,x]={x} is a closed interval. here definition of interval does not allow such degenerate
intervals,
then note that [x1,x][x,x+1]={x}. Thus, {x} is open for each xR.
From above way we say T is a discrete topology on R..
Lesson 4 Mental Health Policy and the Law ReadingsNOTE All.docxSHIVA101531
Lesson 4: Mental Health Policy and the Law
Readings
NOTE: All articles except those with links are on E-Reserves.
Required
Frank, R.G., & Glied, S.A. ( 2006). Better but not well: Mental health policy in the United
States since 1950. Baltimore: Johns Hopkins Press. Chapter 6.
Petrila, J., & Douglas, K. S. (2002). Legal issues in maximum security institutions for people with mental illness: Liberty, security, and administrative discretion. Behavioral Sciences & the Law, 20(5), 463-480. doi:10.1002/bsl.505. Read 463-471.
Levin, B., Hennessy, K.D., & Petrila, J. (2004). Mental Health Services: A public health perspective. Oxford: Oxford University Press. Chapter 3; especially pages 42-50.
Zubritsky, C., Mullahy, M., Allen, M., & Alfano, E. (2006). The State of the Olmstead Decision and the Impact of Consumer Participation in Planning. American Journal of Psychiatric Rehabilitation, 9(2), 131-143. doi:10.1080/15487760600876345.
Optional
Lombardo, P. (1985). Three generations, no imbeciles: New light on Buck v. Bell. 60 New
York Law Review, 60(1), 30-62.
Summary
This week’s lesson centers on some of the key legal decisions that have influenced mental health policy and practices in the United States. We encourage you to explore some of the cases in depth which will be briefly described below; the facts of the cases can be very interesting. Remember, you will be responsible for writing a paper related to mental health law that will be due October 4th.
Early Court Involvement in Mental Health Policy
Until the middle of the 20th century with the advent of the civil rights movement, there were few laws protecting the rights of people with mental illness. Decision-making regarding hospitalization and care was left to hospital directors and psychiatrists with no required consent of the individual. Persons with mental illness could be involuntarily committed to a mental institution and remain there indefinitely with no legal protections. They could be medicated and operated on without their consent. No protections existed to assure that they were treated humanely and that the facilities in which they were housed were sanitary. When lawsuits were brought to defend their rights, cases were very often dismissed or ruled against them One extreme example was Buck v. Bell (1924), where the U.S. Supreme Court ruled that the forced sterilization of a young woman with a developmental disability was not a violation of the Due Process clause of the 14th Amendment to the U.S. Constitution.
Protections that required medical professionals to obtain patient consent before performing a procedure were afforded in Schloendorff v Society of New York Hospital in 1914 but these protections did not applied to those patients who were not of “sound mind”. Only much more recently have medical professionals been required to extend these protections to those with mental illness (see Salgo v. Leland Stanford Jr. University Board of Trustees ...
Week 5 CEA ProjectAssignment Task Submit to complete thlorileemcclatchie
Week
5 CEA Project
Assignment
Task: Submit to complete this assignment
Due May 31 at 11:59 PM
MBA5005 Individual Project
Week 5 Deliverables
This week, you will revise the first part of the paper according to your instructor’s comments. You will add additional articles, laws, cases and summary as outlined below. You will then combine all information and submit the final paper using the instructions provided.
Revisions
Revise the paper submitted in Week 3.
Literature Review
For Week 5, locate two additional scholarly articles related to your topic. Summarize the articles in your own words and explain how they are related to your topic. Do not use published cases for this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Westlaw Campus Research is a good option for finding legal information in law journals. When you combine this section with Week 3, you will have a total of at least four articles.
Laws and Regulations
Research and analyze one additional law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic. When you combine this section with Week 3, you will have a minimum of two laws or regulations. Depending on the topic, you may compare the laws of two states For example, if you are writing about gender discrimination, compare the federal law with law from one of the states that also provides protection at the state level. States often provide more protection than the federal law.
Cases
Research at least two additional published cases (lawsuits) related to the topic you selected. Summarize the cases in your own words and explain how they are related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling. Explain whether you agree or disagree with the court’s decision. Combine the case from Week 3 with this section for a total of three cases.
Summary/Conclusion
As an ending to your paper, summarize what you have learned. Assess and communicate what you believe the future holds as it relates to your topic.
If applicable, discuss how you might apply what your learned to your personal or professional life.
Add the parts from Week 3 and submit your final paper in accordance with the formatting instructions provided.
Formatting Instructions
Submit a 10 to 14-page paper about the topic selected.
The paper should consist of a cover page, short introduction, explanation of the legal issue, literature review, analysis of related laws or regulations, reviews of cases, summary of information learned and application to your professional life, and a separate reference page.
Use APA format for the paper. Review the APA materials ...
RESPOND ONLY TO THE HIGHLIGHTED STATEMENTS AND KEEP THEM LABELED A,B.docxisbelsejx0m
RESPOND ONLY TO THE HIGHLIGHTED STATEMENTS AND KEEP THEM LABELED A,B, AND C
A
.From the e-Activity, compare and contrast the fundamental differences in the manner in which the general populace may interpret court decisions involving social policy. Provide a rationale for your response.
From the e-
activity
, Philip Howard explained is the best, judges apply what is best for the region or expectation. For example, “Perhaps courts inevitably make social policy that this is
inhernet
in the power they yield”(Howard Philip). I don’t remember was it this class are not but social media can also interfere with decision are policies made in the area, with people protesting more and communities broadcasting city council meetings it makes it easier on us to be involved. But
Joffe
, pointed out,” In our system we have constitutions laws and regulations, but also common law evolution and broad discretions”.
Take a position on whether or not you believe the Supreme Court is responsive to public opinion. Examine the extent to which public opinion should affect Supreme Court decisions. Support your response with at least three (3) examples of the perceived effects of public opinion on Supreme Court decisions.
I don't think Supreme Court should be responsive to the public opinion,
1. The Supreme Court has limitation on what they can rule in, for example the Elk Grove case the issue with custodial right was left to the state.
2. They only listen to cases that interfere with the U.S Constitution.
3.Public opinion may affect common law
B.
Summarize three (3) Supreme Court decisions that you believe have had the most impact on our society. Provide a rationale for your response.
Discuss the general role of the U.S. Court System in influencing society. Give your opinion on whether or not you believe that mass media influences court decisions. Provide a rationale for your response.
The t
hree
cases that I believe have had the most impact on our society are as follows:
1. Brown v. Board of Education. In 1954, the Supreme Court ruled that it was unconstitutional and unequal to have separate educational facilities for students based on their race. This case provoked the civil rights movement.
2. United States v. Nixon. In 1974, The supreme Court made a ruling that President Nixon had to turn over tapes and other documents regarding the Watergate scandal. The ruling set preliminaries which limits the power of the president of the United States.
3.
Mapp
v. Ohio. In 1961, the Supreme Court overturned the conviction of
Dollree
Mapp
because the evidence that they collected to use against her was obtained illegally. They wanted to search her home without a warrant looking for a suspect in a bombing but she refused to let them in. They returned later and forced their way into her home. Her case help strengthened the Fourth Amendment, protection against illegal searches.
The court is to protect the citizen rights and to uphold the Constitution. The judges are app.
The history of inmate healthcare dates back to 1970 when the Arkansa.pdfjovankarenhookeott88
Suppose that T is a topology on R that contains the set of all closed intervals. Prove that T is the
discrete topology on R.
Solution
Given:
T is a topology on R that contains the set of all closed intervals
Then for each xR,
[x,x]={x} is a closed interval. here definition of interval does not allow such degenerate
intervals,
then note that [x1,x][x,x+1]={x}. Thus, {x} is open for each xR.
From above way we say T is a discrete topology on R..
Running head USA, THE LAND OF UNLIMITED POSSIBILITIES... 1USA,.docxtodd521
Running head: USA, THE LAND OF UNLIMITED POSSIBILITIES... 1
USA, THE LAND OF UNLIMITED POSSIBILITIES... 2
USA, The Land of Unlimited Possibilities...
An argument for the return of our humanity
Students name
University -
Journey with me into a land of possibilities: imagine, if you will, that you are in bad condition, really bad condition, due to no fault of your own: a life or death situation. You happened to have been in the wrong place at the wrong time; a place you actually didn’t have any say about being at in the first place. You are bleeding, mangled, in unspeakable pain, perhaps even lost a limb or two. Fortuitous for you, you are in America! You are in the hands of an educated, legally acknowledged medical provider that has the knowledge, ability, and has sworn to provide medical care to all. Presumptively, this person has the skills to save your life. But, they don’t. You are just left there: cold, naked, and bleeding; you are left there to die. You have been “deemed unviable” and therefore they are not required to administer health care – let alone any life-saving medical care (Smith).
Not in the USA, you may say; that’s not legal under our noble constitution! Our agencies of humanity preach respect for all life; our progressive, understanding, “all lives matter” government would not allow such a thing. That simply does not happen in one of the most advanced medical systems in the world! Think again.
On February 25, 2019, the United States Senate voted “to block consideration of a measure” that would enable legal charges to be brought against any medical professional that does nothing to help a child that was born alive after a failed abortion (DeBonis & Sonmez, 2019). This is the U. S. A.; this is the “land of unlimited possibilities” where brand new babies are abandoned to die (H., n.d.). The bill, S.311 - Born-Alive Abortion Survivors Protection Act presented by Senator Ben Sasse, did not receive the required “60 votes to proceed” (DeBonis & Sonmez, 2019; 116th Congress, 2019). The bill reads as follows: “Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care” (116th Congress, 2019). This bill outlined the “requirements for health care practitioners,” the expectation of “reporting of violations,” and the possible penalties that violators could face (116th Congress, 2019). If one examines the social contract that is the constitutional rights given citizens of the United States to life, the philosophical and psychological necessities to maintain human dignity and what it means to be human, and the natural rights that humanity expects humans to give other humans, then one will come to the conclusion that the bill, S.311 - Born-Alive Abortion Survivors Protection Act nee.
450 WORDS MINIMUM THREADIn the chapter Crime and Punishment.docxBHANU281672
450 WORDS MINIMUM THREAD
In the chapter "Crime and Punishment" (429-443 in McQuilken and Copan), various alternatives to prison are presented, and a short section deals with "Christian Responsibility for Criminal Justice." Consider the ideas presented in these sections specifically in light of the USA's continuing battle with illegal drug use. (In light of this, also be aware that Michelle Alexander, in The New Jim Crow: Mass Incarceration in an Age of Colorblindness [The New Press, 2012], has pointed out that millions of young men are in prison today for minor drug possession offences, or small crimes). Consider the different possibilities and Christian responses in this chapter, and defend, in your initial post, a possible way to deal with minor drug offences that might be more effective than jail terms. You may want to do some internet searching on the matter as well--and if so, include the sources at the bottom of your initial thread. Four Hundred words--minimum (be sure to include the word count
------------------------------------
Below is the pages from the book to use for the assignment.
CRIME AND PUNISHMENT (429-443 MCQUILKEN AND COPAN)
Crime and Punishment (PAGE 429)
A crime is some activity or negligence that a human authority has decided should be punished, usually because it is deemed injurious to others. Crime and sin are not synonymous. Sin is Godward, and not all sin is criminal (lust or pride). And not all crime is sinful (publicly proclaiming Christ in certain societies).
Crime and its punishment are determined by a society, presumably for the welfare of its members and hopefully based on objective moral principles. Since crime is against others, it normally violates the biblical law of love and often harms another person. Thus, broadly speaking, it fits under the sixth commandment. The punishment of crime is certainly a life issue—depriving criminals of part or all of their lives as free citizens. But controversy rages as to the cause of crime, the nature of crime, the purpose of punishment, and the kind of punishment a just and merciful society may employ. On these issues the Bible sheds significant light.
Philosophical Issues (PAGE 430)
The cause of crime.
Until the end of the nineteenth century, crime in the West was generally considered the outworking of a sinful disposition. And even where moral implications were disallowed, crime was universally considered an act for which the criminals themselves were responsible. That began to change in the last century with other proposed explanations—physiological, psychological, sociological. Through Freud’s influence, mentally sick persons are not responsible for their behavior. The end result of the general acceptance of this approach was to distinguish between criminals who were normal and thus responsible for their crime and those who were abnormal and needed treatment, not punishment. A legal definition of insanity, determined by the Supreme Court in the M’Naghten R.
450 WORDS MINIMUM THREADAssignmentsIn the chapter Crime and.docxblondellchancy
450 WORDS MINIMUM THREAD
Assignments
In the chapter "Crime and Punishment" (429-443 in McQuilken and Copan), various alternatives to prison are presented, and a short section deals with "Christian Responsibility for Criminal Justice." Consider the ideas presented in these sections specifically in light of the USA's continuing battle with illegal drug use. (In light of this, also be aware that Michelle Alexander, in The New Jim Crow: Mass Incarceration in an Age of Colorblindness [The New Press, 2012], has pointed out that millions of young men are in prison today for minor drug possession offences, or small crimes). Consider the different possibilities and Christian responses in this chapter, and defend, in your initial post, a possible way to deal with minor drug offences that might be more effective than jail terms. You may want to do some internet searching on the matter as well--and if so, include the sources at the bottom of your initial thread. Four Hundred words--minimum (be sure to include the word count
------------------------------------
Below is the pages from the book to use for the assignment.
CRIME AND PUNISHMENT (429-443 MCQUILKEN AND COPAN)
Crime and Punishment (PAGE 429)
A crime is some activity or negligence that a human authority has decided should be punished, usually because it is deemed injurious to others. Crime and sin are not synonymous. Sin is Godward, and not all sin is criminal (lust or pride). And not all crime is sinful (publicly proclaiming Christ in certain societies).
Crime and its punishment are determined by a society, presumably for the welfare of its members and hopefully based on objective moral principles. Since crime is against others, it normally violates the biblical law of love and often harms another person. Thus, broadly speaking, it fits under the sixth commandment. The punishment of crime is certainly a life issue—depriving criminals of part or all of their lives as free citizens. But controversy rages as to the cause of crime, the nature of crime, the purpose of punishment, and the kind of punishment a just and merciful society may employ. On these issues the Bible sheds significant light.
Philosophical Issues (PAGE 430)
The cause of crime.
Until the end of the nineteenth century, crime in the West was generally considered the outworking of a sinful disposition. And even where moral implications were disallowed, crime was universally considered an act for which the criminals themselves were responsible. That began to change in the last century with other proposed explanations—physiological, psychological, sociological. Through Freud’s influence, mentally sick persons are not responsible for their behavior. The end result of the general acceptance of this approach was to distinguish between criminals who were normal and thus responsible for their crime and those who were abnormal and needed treatment, not punishment. A legal definition of insanity, determined by the Supreme Court in the ...
In legal theory and in ancient Hindu, Greek and Roman Law natural law has a primordial place. Indeed Natural Law theory has a history, reaching back centuries and the vigour with which it flourishes notwithstanding periodic eclipse, especially in the nineteenth century, is a tribute to its importance. There is no theory; many versions have evolved throughout this enormous span of time. No other firmament of legal and political theory is so bejewelled with stars as that of natural law, which scintillates with contributions from all ages.
Throughout the current period of prison history, known as the perimarilynnhoare
Throughout the current period of prison history, known as the period of mass incarceration, the United States has been “the world’s leader in incarceration with 2.2 million people currently in the nation’s prisons and jails – a 500% increase over the last forty years” (Sentencing Project, 2018). This dramatic increase in prison populations over such a short period of time, coupled with the fact that prisons have been brought out from isolation and into the public view, has created an influx of nationally recognized concerns.
Review the following short introductions to several of those concerns and select 2 concerns to address in your paper.
Adequate Medical Attention:
In Estelle V. Gamble, 429 U.S. 97 (1976), the Supreme Court ruled that all incarcerated persons have a right to receive “adequate” medical attention. The failure of the state to provide such attention constitutes a violation of the Eight Amendment; namely, the cruel and unusual punishment clause. In a short article for Health Law Perspectives, Conway (2009), examines the concept of deliberate indifference as related to Estelle. As well, he discusses the conflicts that many people feel when they, as law abiding, tax paying citizens, cannot afford health insurance or to see a medical provider when needed, yet a convicted felon is given free and frequent access to medical services often times without being charged.
Administrative Segregation:
The United States Supreme Court has not banned the use of Administrative Segregation in American prisons or other places of confinement. Rather, in general, the use of such is still at the discretion of each individual state. Many correctional administrators within those states argue that administrative segregation housing is an absolute necessity. It allows agencies to maintain safe prison systems by removing the most violent or incorrigible offenders from the general population. Thus giving those offenders who wish to take advantage of programmatic and rehabilitative services the opportunity to do so. However, recently Supreme Court Justice Kennedy began to question the constitutionality of solitary confinement and administrative segregation. Furthermore, in light of the psychological and behavioral effects often attributed to long term segregated housing, there is a growing social concern over its use as a permanent management tool.
Excessive Force:
Correctional officials are often required to use force to prevent serious and imminent harm, as well as to maintain the safety and security of the correctional facility. In Whitley v. Albers, 475 U.S. 312 (1986), the Supreme Court noted that if “force was applied in a good faith effort to maintain or restore discipline,” then it does not constitute an Eight Amendment violation of cruel and unusual punishment. In Hudson v. McMillian, 503 U.S. 1 (1992), however, the Court qualified their response to ensure that the use of excessive force is clearly recognized as unconstitutional. ...
Week 6, Reading Section 6.1 IntroductionIntroductionAs you wi.docxcockekeshia
Week 6, Reading Section 6.1: Introduction
Introduction
As you will recall, from Week 3, the Plagues of the Fourteenth Century had disastrous effects on Europe. Many of today’s developments can be traced as having their root, causative factors in that Century. There were two others: the Protestant Reformation of the Sixteenth Century and successive Religious Wars, culminating in the Thirty Years War, 1618-48 and the English Civil War, 1642-48. In the wake of these events, the Renaissance and the Enlightenment, respectively, Philosophers began to question all the presuppositions of Life.
You are about to encounter another such development, which grew from this questioning: Social Contract Theory.
Resource: Social Contract Theory [PDF]
Up to the times of the Sixteenth and Seventeenth Centuries, few, if anyone, in Europe, questioned the origins of Society and the State. The prevailing theory was Aristotle’s, as it had been imported into Western Christianity, by Thomas Aquinas. This theory said that human beings were “Social Animals.” The underlying interpretation of that position is that human society is a given of human existence and has always been that way.
Week 6, Reading Section 6.2: Thomas Hobbes and John Locke
II. Thomas Hobbes and John Locke
The questions that Social Contract theorists, starting with Thomas Hobbes and continuing with John Locke, asked were: What were the origins of Society? What makes a “good” form of society? How does the State (meaning “government”) come into being?
Both Hobbes and Locke started from what they called the “State of Nature,” a wilderness, where all “men” (Hobbes speaks only of “men”; one wonders from whence he believed “men” came, without mention of women;) begin, having absolute rights and equality. Put another way, if one “man” encountered another, and a conflict arose about a resource, like food, came about, the right to kill would, regrettably, still be available to both. Fortunately, it occurred to our species that that was a lousy way to run a planet. Thus, the idea of “forming society” by “social contracts” occurred to someone. That was the moment that human beings left “the State of Nature,” and founded Society (a/k/a “Civil Society”).
A. Hobbes
Resource: End-of-Life Decisions [PDF]
Hobbes, being a friend and confidant of the Stuart Family, was a monarchist, and presupposed the existence of a “Sovereign.” In The Leviathan, Hobbes suggested that, in forming the Civil Society, people had to surrender their rights, in exchange for two things: (1) protection from each other, and (2) protection from outside threats. The question was: to what or whom did they have to surrender those rights? Hobbes’ answer was “the Sovereign,” a/k/a “the Leviathan,” an allusion to a mythical sea creature. What Hobbes meant was that “the Sovereign,” was the English Monarchy. The Stuart Family at the time, sat on the unified Throne of England, Wales, and Scotland at the time.
Resource: Thomas Hobbes: Moral and Political .
At least two paragraphs each explaining the answer1. Pickering.docxikirkton
At least two paragraphs each explaining the answer
1. Pickering v. Board of Education (1968): should the freedom of speech be protected even in cases where false statements were made as in Pickering’s letter? Explain
2. Hale v. Walsh (1987): do you agree with the Court in the Hale decision that his firing violated the liberty interest established by joining the union? Explain why or why not.
3. Should property interest only be established after tenure or should the termination without just cause be sufficient for property even during probationary periods?
Insert surname Here
Student name
Course
Professor
Institution
Date
The death Penalty
The death penalty (Also known as capital punishment) has been legalized in 31 states. It has also been legalized in the federal civilian and military legal systems. The application of this law is however limited to the changes committed to the constitution that I can only be passed to individuals who are adults and who have a sane mind in the time of committing a murder crime. The practice of capital punishment has its origin in the English common law for many felonies and was later forced on all British colonies before they attained independence. The methods used to execute the punishments however varied from state to state and were changed by the leaders over time with the most preferred method being the injection by a lethal poison. The executions have been carried out successfully in many states in the USA since then.
A total of 28 inmates were executed in the United States in the states of Florida, Georgia, Missouri, Oklahoma, Texas and Virginia. The number of the inmates on death row was estimated to be over 3,000. The leading state in these executions is Alabama with the latest case being in 2011. The other states have however a considerable frequency of the executions. The death penalty is nowadays prevalent only in the USA. All countries in the world have abolished these laws.
History of death penalty
The first case of capital punishment was the execution of a Spanish spy Captain George Kendall by the British in North America in the year 1968. He was executed by the firing squad at the Jamestown colony. The next was the hanging of the British Major Andre by the then continental army. This took place during the American Revolution war at Tappan in New York. The event took place on October 2, 1780. He had been convicted of espionage. There are also various documented cases of capital punishment throughout the US. In one of the files by a writer M. Watt Espy and John Ortiz Smykla, a total of 15,269 people were executed between 1608 and the year 1991. The US also executed 135 soldiers between 1916 and 1955. It is evident that executions were very common in the 19th century in the US.
The history of capital punishment cannot go without the mention of the execution of the 38 American Indians who were accused of rape and murder in the Dakota war of 1862. The executions were simultaneous a ...
22320171The Death Penalty and Capital Punishment.docxtamicawaysmith
2/23/2017
1
The Death Penalty and
Capital Punishment
Chapter 9
Learning Objectives
After reading this chapter, you will be able to:
10.1 Evaluate the ethical issues involved in the death penalty.
10.2 Explain the different theories of punishment that could be used to
support or oppose the death penalty, and articulate your own position.
10.3 Analyze Sister Helen Prejean’s Aristotelian argument against the
death penalty.
Early History
European (especially English) settlers influenced our nation’s use of
the death penalty
First recorded execution: Captain George Kendall Jamestown,
Virginia, 1608
First woman executed: Jane Champion, 1632
Crimes punishable by death: stealing grapes, striking your Mother or
Father
2/23/2017
2
Colonial Times
Cesare Beccaria's 1767 essay: On Crimes and Punishment
Thomas Jefferson’s proposed bill
Dr. Benjamin Rush, founder of the Pennsylvania Prison Society,
challenged the use of the death penalty
brutalization effect: having a death penalty actually increased
criminal conduct
1794: Pennsylvania abolishes the death penalty for all offenses
except first degree murder
19th Century
1846: Michigan abolishes death penalty for all crimes except
treason
Most states retained death penalty rights
Some states expanded crimes punishable by death (especially
crimes committed by slaves)
Introduction of discretionary death penalty statues
1888: New York builds the first electric chair
Early 20th Century
1924: cyanide gas as a more humane form of execution
1920-40s: resurgence in death penalty after a short-lived lull
Criminologists wrote that the death penalty was a necessary social
measure
Prohibition and the Great Depression
More executions in the 1930s than in any other decade in American
history
2/23/2017
3
Mid-Late 20th Century
1950s: public opinion turns against capital punishment
1940s: 1,289 executions
1950s: 715 executions
1967-1977: voluntary moratorium
January 17, 1977: moratorium ends with execution of Gary
Gilmore by firing squad
Also in 1977: Oklahoma became the first state to adopt lethal
injection as a means of execution
Constitutionality
Prior to the 1960s: Fifth, Eighth, and Fourteenth Amendments
were interpreted as allowing the death penalty
Early 1960s: suggested that the death penalty was "cruel and
unusual" punishment
Other Laws
1994 - President Clinton signs the Violent Crime Control and Law
Enforcement Act expanding the federal death penalty
1998: Northwestern University National Conference on Wrongful
Convictions and the Death Penalty
2/23/2017
4
Death Penalty
59 prisoners were executed in the USA in 2004, bringing the
year end total to 944 executed since the use of the death
penalty was resumed in 1977.
Over 3,400 prisoners were under sentence of death as of
January 1, 2005.
38 of the 50 US states provide for the death penalty ...
Impact of marsy’s law on parole in california an empirical studymarsyslawforall
Abstract:
Marsy’s Law (Proposition 9) purported to increase Victims’ Rights by making significant changes to parole in California. Supporters of Marsy’s Law intended to decrease lifer inmate’s “chances” to obtain parole by statutorily lengthening the amount of time between parole hearings, and to increase victim presence at parole hearings by creating greater opportunities for victim participation.
I conducted an analysis of 211 randomly selected parole hearing transcripts in California both before and after Marsy’s Law was implemented. I found that the passage of Marsy’s Law nearly doubled the amount of time set by the Parole Board between parole hearings. It is unclear whether Marsy’s Law has increased victim participation at parole hearings or has impacted the quality of victim participation at parole hearings.
Number of Pages in PDF File: 29
Date posted: July 07, 2011
Contact Information
Laura Lienhart Richardson (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
1. Discuss the organization and the family role in every one of the.docxcroysierkathey
1. Discuss the organization and the family role in every one of the heritages mentioned about and how they affect (positively or negatively) the delivery of health care.
2. Identify sociocultural variables within the Irish, Italian and Puerto Rican heritage and mention some examples.
References must be no older than 5 years. A minimum of 700 words is required.
.
1. Compare and contrast DEmilios Capitalism and Gay Identity .docxcroysierkathey
1. Compare and contrast D'Emilio's
Capitalism and Gay Identity
with the
From Mary to Modern Woman
reading. What patterns do you see that are similar to the modern American society? What can be said about global notions of gender in the modern age? Feel free to invoke Foucault.
2. How is the writer's experience important in the story being told in
Middlesex
? Describe your reaction to the reading and invoke some of the concepts discussed in the
Queer Theory
reading to try to make sense of sexuality when it does not match your own conventions. Compare both readings, but go deeper to explore your own stereotypes and socialization.
**PLEASE READ THE READINGS IN ODER TO DO THIS ASSIGNMENT.
.
More Related Content
Similar to Louisiana Law ReviewVolume 31 Number 1December 1970C.docx
Running head USA, THE LAND OF UNLIMITED POSSIBILITIES... 1USA,.docxtodd521
Running head: USA, THE LAND OF UNLIMITED POSSIBILITIES... 1
USA, THE LAND OF UNLIMITED POSSIBILITIES... 2
USA, The Land of Unlimited Possibilities...
An argument for the return of our humanity
Students name
University -
Journey with me into a land of possibilities: imagine, if you will, that you are in bad condition, really bad condition, due to no fault of your own: a life or death situation. You happened to have been in the wrong place at the wrong time; a place you actually didn’t have any say about being at in the first place. You are bleeding, mangled, in unspeakable pain, perhaps even lost a limb or two. Fortuitous for you, you are in America! You are in the hands of an educated, legally acknowledged medical provider that has the knowledge, ability, and has sworn to provide medical care to all. Presumptively, this person has the skills to save your life. But, they don’t. You are just left there: cold, naked, and bleeding; you are left there to die. You have been “deemed unviable” and therefore they are not required to administer health care – let alone any life-saving medical care (Smith).
Not in the USA, you may say; that’s not legal under our noble constitution! Our agencies of humanity preach respect for all life; our progressive, understanding, “all lives matter” government would not allow such a thing. That simply does not happen in one of the most advanced medical systems in the world! Think again.
On February 25, 2019, the United States Senate voted “to block consideration of a measure” that would enable legal charges to be brought against any medical professional that does nothing to help a child that was born alive after a failed abortion (DeBonis & Sonmez, 2019). This is the U. S. A.; this is the “land of unlimited possibilities” where brand new babies are abandoned to die (H., n.d.). The bill, S.311 - Born-Alive Abortion Survivors Protection Act presented by Senator Ben Sasse, did not receive the required “60 votes to proceed” (DeBonis & Sonmez, 2019; 116th Congress, 2019). The bill reads as follows: “Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care” (116th Congress, 2019). This bill outlined the “requirements for health care practitioners,” the expectation of “reporting of violations,” and the possible penalties that violators could face (116th Congress, 2019). If one examines the social contract that is the constitutional rights given citizens of the United States to life, the philosophical and psychological necessities to maintain human dignity and what it means to be human, and the natural rights that humanity expects humans to give other humans, then one will come to the conclusion that the bill, S.311 - Born-Alive Abortion Survivors Protection Act nee.
450 WORDS MINIMUM THREADIn the chapter Crime and Punishment.docxBHANU281672
450 WORDS MINIMUM THREAD
In the chapter "Crime and Punishment" (429-443 in McQuilken and Copan), various alternatives to prison are presented, and a short section deals with "Christian Responsibility for Criminal Justice." Consider the ideas presented in these sections specifically in light of the USA's continuing battle with illegal drug use. (In light of this, also be aware that Michelle Alexander, in The New Jim Crow: Mass Incarceration in an Age of Colorblindness [The New Press, 2012], has pointed out that millions of young men are in prison today for minor drug possession offences, or small crimes). Consider the different possibilities and Christian responses in this chapter, and defend, in your initial post, a possible way to deal with minor drug offences that might be more effective than jail terms. You may want to do some internet searching on the matter as well--and if so, include the sources at the bottom of your initial thread. Four Hundred words--minimum (be sure to include the word count
------------------------------------
Below is the pages from the book to use for the assignment.
CRIME AND PUNISHMENT (429-443 MCQUILKEN AND COPAN)
Crime and Punishment (PAGE 429)
A crime is some activity or negligence that a human authority has decided should be punished, usually because it is deemed injurious to others. Crime and sin are not synonymous. Sin is Godward, and not all sin is criminal (lust or pride). And not all crime is sinful (publicly proclaiming Christ in certain societies).
Crime and its punishment are determined by a society, presumably for the welfare of its members and hopefully based on objective moral principles. Since crime is against others, it normally violates the biblical law of love and often harms another person. Thus, broadly speaking, it fits under the sixth commandment. The punishment of crime is certainly a life issue—depriving criminals of part or all of their lives as free citizens. But controversy rages as to the cause of crime, the nature of crime, the purpose of punishment, and the kind of punishment a just and merciful society may employ. On these issues the Bible sheds significant light.
Philosophical Issues (PAGE 430)
The cause of crime.
Until the end of the nineteenth century, crime in the West was generally considered the outworking of a sinful disposition. And even where moral implications were disallowed, crime was universally considered an act for which the criminals themselves were responsible. That began to change in the last century with other proposed explanations—physiological, psychological, sociological. Through Freud’s influence, mentally sick persons are not responsible for their behavior. The end result of the general acceptance of this approach was to distinguish between criminals who were normal and thus responsible for their crime and those who were abnormal and needed treatment, not punishment. A legal definition of insanity, determined by the Supreme Court in the M’Naghten R.
450 WORDS MINIMUM THREADAssignmentsIn the chapter Crime and.docxblondellchancy
450 WORDS MINIMUM THREAD
Assignments
In the chapter "Crime and Punishment" (429-443 in McQuilken and Copan), various alternatives to prison are presented, and a short section deals with "Christian Responsibility for Criminal Justice." Consider the ideas presented in these sections specifically in light of the USA's continuing battle with illegal drug use. (In light of this, also be aware that Michelle Alexander, in The New Jim Crow: Mass Incarceration in an Age of Colorblindness [The New Press, 2012], has pointed out that millions of young men are in prison today for minor drug possession offences, or small crimes). Consider the different possibilities and Christian responses in this chapter, and defend, in your initial post, a possible way to deal with minor drug offences that might be more effective than jail terms. You may want to do some internet searching on the matter as well--and if so, include the sources at the bottom of your initial thread. Four Hundred words--minimum (be sure to include the word count
------------------------------------
Below is the pages from the book to use for the assignment.
CRIME AND PUNISHMENT (429-443 MCQUILKEN AND COPAN)
Crime and Punishment (PAGE 429)
A crime is some activity or negligence that a human authority has decided should be punished, usually because it is deemed injurious to others. Crime and sin are not synonymous. Sin is Godward, and not all sin is criminal (lust or pride). And not all crime is sinful (publicly proclaiming Christ in certain societies).
Crime and its punishment are determined by a society, presumably for the welfare of its members and hopefully based on objective moral principles. Since crime is against others, it normally violates the biblical law of love and often harms another person. Thus, broadly speaking, it fits under the sixth commandment. The punishment of crime is certainly a life issue—depriving criminals of part or all of their lives as free citizens. But controversy rages as to the cause of crime, the nature of crime, the purpose of punishment, and the kind of punishment a just and merciful society may employ. On these issues the Bible sheds significant light.
Philosophical Issues (PAGE 430)
The cause of crime.
Until the end of the nineteenth century, crime in the West was generally considered the outworking of a sinful disposition. And even where moral implications were disallowed, crime was universally considered an act for which the criminals themselves were responsible. That began to change in the last century with other proposed explanations—physiological, psychological, sociological. Through Freud’s influence, mentally sick persons are not responsible for their behavior. The end result of the general acceptance of this approach was to distinguish between criminals who were normal and thus responsible for their crime and those who were abnormal and needed treatment, not punishment. A legal definition of insanity, determined by the Supreme Court in the ...
In legal theory and in ancient Hindu, Greek and Roman Law natural law has a primordial place. Indeed Natural Law theory has a history, reaching back centuries and the vigour with which it flourishes notwithstanding periodic eclipse, especially in the nineteenth century, is a tribute to its importance. There is no theory; many versions have evolved throughout this enormous span of time. No other firmament of legal and political theory is so bejewelled with stars as that of natural law, which scintillates with contributions from all ages.
Throughout the current period of prison history, known as the perimarilynnhoare
Throughout the current period of prison history, known as the period of mass incarceration, the United States has been “the world’s leader in incarceration with 2.2 million people currently in the nation’s prisons and jails – a 500% increase over the last forty years” (Sentencing Project, 2018). This dramatic increase in prison populations over such a short period of time, coupled with the fact that prisons have been brought out from isolation and into the public view, has created an influx of nationally recognized concerns.
Review the following short introductions to several of those concerns and select 2 concerns to address in your paper.
Adequate Medical Attention:
In Estelle V. Gamble, 429 U.S. 97 (1976), the Supreme Court ruled that all incarcerated persons have a right to receive “adequate” medical attention. The failure of the state to provide such attention constitutes a violation of the Eight Amendment; namely, the cruel and unusual punishment clause. In a short article for Health Law Perspectives, Conway (2009), examines the concept of deliberate indifference as related to Estelle. As well, he discusses the conflicts that many people feel when they, as law abiding, tax paying citizens, cannot afford health insurance or to see a medical provider when needed, yet a convicted felon is given free and frequent access to medical services often times without being charged.
Administrative Segregation:
The United States Supreme Court has not banned the use of Administrative Segregation in American prisons or other places of confinement. Rather, in general, the use of such is still at the discretion of each individual state. Many correctional administrators within those states argue that administrative segregation housing is an absolute necessity. It allows agencies to maintain safe prison systems by removing the most violent or incorrigible offenders from the general population. Thus giving those offenders who wish to take advantage of programmatic and rehabilitative services the opportunity to do so. However, recently Supreme Court Justice Kennedy began to question the constitutionality of solitary confinement and administrative segregation. Furthermore, in light of the psychological and behavioral effects often attributed to long term segregated housing, there is a growing social concern over its use as a permanent management tool.
Excessive Force:
Correctional officials are often required to use force to prevent serious and imminent harm, as well as to maintain the safety and security of the correctional facility. In Whitley v. Albers, 475 U.S. 312 (1986), the Supreme Court noted that if “force was applied in a good faith effort to maintain or restore discipline,” then it does not constitute an Eight Amendment violation of cruel and unusual punishment. In Hudson v. McMillian, 503 U.S. 1 (1992), however, the Court qualified their response to ensure that the use of excessive force is clearly recognized as unconstitutional. ...
Week 6, Reading Section 6.1 IntroductionIntroductionAs you wi.docxcockekeshia
Week 6, Reading Section 6.1: Introduction
Introduction
As you will recall, from Week 3, the Plagues of the Fourteenth Century had disastrous effects on Europe. Many of today’s developments can be traced as having their root, causative factors in that Century. There were two others: the Protestant Reformation of the Sixteenth Century and successive Religious Wars, culminating in the Thirty Years War, 1618-48 and the English Civil War, 1642-48. In the wake of these events, the Renaissance and the Enlightenment, respectively, Philosophers began to question all the presuppositions of Life.
You are about to encounter another such development, which grew from this questioning: Social Contract Theory.
Resource: Social Contract Theory [PDF]
Up to the times of the Sixteenth and Seventeenth Centuries, few, if anyone, in Europe, questioned the origins of Society and the State. The prevailing theory was Aristotle’s, as it had been imported into Western Christianity, by Thomas Aquinas. This theory said that human beings were “Social Animals.” The underlying interpretation of that position is that human society is a given of human existence and has always been that way.
Week 6, Reading Section 6.2: Thomas Hobbes and John Locke
II. Thomas Hobbes and John Locke
The questions that Social Contract theorists, starting with Thomas Hobbes and continuing with John Locke, asked were: What were the origins of Society? What makes a “good” form of society? How does the State (meaning “government”) come into being?
Both Hobbes and Locke started from what they called the “State of Nature,” a wilderness, where all “men” (Hobbes speaks only of “men”; one wonders from whence he believed “men” came, without mention of women;) begin, having absolute rights and equality. Put another way, if one “man” encountered another, and a conflict arose about a resource, like food, came about, the right to kill would, regrettably, still be available to both. Fortunately, it occurred to our species that that was a lousy way to run a planet. Thus, the idea of “forming society” by “social contracts” occurred to someone. That was the moment that human beings left “the State of Nature,” and founded Society (a/k/a “Civil Society”).
A. Hobbes
Resource: End-of-Life Decisions [PDF]
Hobbes, being a friend and confidant of the Stuart Family, was a monarchist, and presupposed the existence of a “Sovereign.” In The Leviathan, Hobbes suggested that, in forming the Civil Society, people had to surrender their rights, in exchange for two things: (1) protection from each other, and (2) protection from outside threats. The question was: to what or whom did they have to surrender those rights? Hobbes’ answer was “the Sovereign,” a/k/a “the Leviathan,” an allusion to a mythical sea creature. What Hobbes meant was that “the Sovereign,” was the English Monarchy. The Stuart Family at the time, sat on the unified Throne of England, Wales, and Scotland at the time.
Resource: Thomas Hobbes: Moral and Political .
At least two paragraphs each explaining the answer1. Pickering.docxikirkton
At least two paragraphs each explaining the answer
1. Pickering v. Board of Education (1968): should the freedom of speech be protected even in cases where false statements were made as in Pickering’s letter? Explain
2. Hale v. Walsh (1987): do you agree with the Court in the Hale decision that his firing violated the liberty interest established by joining the union? Explain why or why not.
3. Should property interest only be established after tenure or should the termination without just cause be sufficient for property even during probationary periods?
Insert surname Here
Student name
Course
Professor
Institution
Date
The death Penalty
The death penalty (Also known as capital punishment) has been legalized in 31 states. It has also been legalized in the federal civilian and military legal systems. The application of this law is however limited to the changes committed to the constitution that I can only be passed to individuals who are adults and who have a sane mind in the time of committing a murder crime. The practice of capital punishment has its origin in the English common law for many felonies and was later forced on all British colonies before they attained independence. The methods used to execute the punishments however varied from state to state and were changed by the leaders over time with the most preferred method being the injection by a lethal poison. The executions have been carried out successfully in many states in the USA since then.
A total of 28 inmates were executed in the United States in the states of Florida, Georgia, Missouri, Oklahoma, Texas and Virginia. The number of the inmates on death row was estimated to be over 3,000. The leading state in these executions is Alabama with the latest case being in 2011. The other states have however a considerable frequency of the executions. The death penalty is nowadays prevalent only in the USA. All countries in the world have abolished these laws.
History of death penalty
The first case of capital punishment was the execution of a Spanish spy Captain George Kendall by the British in North America in the year 1968. He was executed by the firing squad at the Jamestown colony. The next was the hanging of the British Major Andre by the then continental army. This took place during the American Revolution war at Tappan in New York. The event took place on October 2, 1780. He had been convicted of espionage. There are also various documented cases of capital punishment throughout the US. In one of the files by a writer M. Watt Espy and John Ortiz Smykla, a total of 15,269 people were executed between 1608 and the year 1991. The US also executed 135 soldiers between 1916 and 1955. It is evident that executions were very common in the 19th century in the US.
The history of capital punishment cannot go without the mention of the execution of the 38 American Indians who were accused of rape and murder in the Dakota war of 1862. The executions were simultaneous a ...
22320171The Death Penalty and Capital Punishment.docxtamicawaysmith
2/23/2017
1
The Death Penalty and
Capital Punishment
Chapter 9
Learning Objectives
After reading this chapter, you will be able to:
10.1 Evaluate the ethical issues involved in the death penalty.
10.2 Explain the different theories of punishment that could be used to
support or oppose the death penalty, and articulate your own position.
10.3 Analyze Sister Helen Prejean’s Aristotelian argument against the
death penalty.
Early History
European (especially English) settlers influenced our nation’s use of
the death penalty
First recorded execution: Captain George Kendall Jamestown,
Virginia, 1608
First woman executed: Jane Champion, 1632
Crimes punishable by death: stealing grapes, striking your Mother or
Father
2/23/2017
2
Colonial Times
Cesare Beccaria's 1767 essay: On Crimes and Punishment
Thomas Jefferson’s proposed bill
Dr. Benjamin Rush, founder of the Pennsylvania Prison Society,
challenged the use of the death penalty
brutalization effect: having a death penalty actually increased
criminal conduct
1794: Pennsylvania abolishes the death penalty for all offenses
except first degree murder
19th Century
1846: Michigan abolishes death penalty for all crimes except
treason
Most states retained death penalty rights
Some states expanded crimes punishable by death (especially
crimes committed by slaves)
Introduction of discretionary death penalty statues
1888: New York builds the first electric chair
Early 20th Century
1924: cyanide gas as a more humane form of execution
1920-40s: resurgence in death penalty after a short-lived lull
Criminologists wrote that the death penalty was a necessary social
measure
Prohibition and the Great Depression
More executions in the 1930s than in any other decade in American
history
2/23/2017
3
Mid-Late 20th Century
1950s: public opinion turns against capital punishment
1940s: 1,289 executions
1950s: 715 executions
1967-1977: voluntary moratorium
January 17, 1977: moratorium ends with execution of Gary
Gilmore by firing squad
Also in 1977: Oklahoma became the first state to adopt lethal
injection as a means of execution
Constitutionality
Prior to the 1960s: Fifth, Eighth, and Fourteenth Amendments
were interpreted as allowing the death penalty
Early 1960s: suggested that the death penalty was "cruel and
unusual" punishment
Other Laws
1994 - President Clinton signs the Violent Crime Control and Law
Enforcement Act expanding the federal death penalty
1998: Northwestern University National Conference on Wrongful
Convictions and the Death Penalty
2/23/2017
4
Death Penalty
59 prisoners were executed in the USA in 2004, bringing the
year end total to 944 executed since the use of the death
penalty was resumed in 1977.
Over 3,400 prisoners were under sentence of death as of
January 1, 2005.
38 of the 50 US states provide for the death penalty ...
Impact of marsy’s law on parole in california an empirical studymarsyslawforall
Abstract:
Marsy’s Law (Proposition 9) purported to increase Victims’ Rights by making significant changes to parole in California. Supporters of Marsy’s Law intended to decrease lifer inmate’s “chances” to obtain parole by statutorily lengthening the amount of time between parole hearings, and to increase victim presence at parole hearings by creating greater opportunities for victim participation.
I conducted an analysis of 211 randomly selected parole hearing transcripts in California both before and after Marsy’s Law was implemented. I found that the passage of Marsy’s Law nearly doubled the amount of time set by the Parole Board between parole hearings. It is unclear whether Marsy’s Law has increased victim participation at parole hearings or has impacted the quality of victim participation at parole hearings.
Number of Pages in PDF File: 29
Date posted: July 07, 2011
Contact Information
Laura Lienhart Richardson (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
1. Discuss the organization and the family role in every one of the.docxcroysierkathey
1. Discuss the organization and the family role in every one of the heritages mentioned about and how they affect (positively or negatively) the delivery of health care.
2. Identify sociocultural variables within the Irish, Italian and Puerto Rican heritage and mention some examples.
References must be no older than 5 years. A minimum of 700 words is required.
.
1. Compare and contrast DEmilios Capitalism and Gay Identity .docxcroysierkathey
1. Compare and contrast D'Emilio's
Capitalism and Gay Identity
with the
From Mary to Modern Woman
reading. What patterns do you see that are similar to the modern American society? What can be said about global notions of gender in the modern age? Feel free to invoke Foucault.
2. How is the writer's experience important in the story being told in
Middlesex
? Describe your reaction to the reading and invoke some of the concepts discussed in the
Queer Theory
reading to try to make sense of sexuality when it does not match your own conventions. Compare both readings, but go deeper to explore your own stereotypes and socialization.
**PLEASE READ THE READINGS IN ODER TO DO THIS ASSIGNMENT.
.
1.Purpose the purpose of this essay is to spread awareness .docxcroysierkathey
1.
Purpose: the purpose of this essay is to spread awareness around stereotyping and how it can be very hurtful to some people.
2.
Audience: Anyone that uses stereotypical jokes or saying around people that are different than them even without realizing that they are making a stereotypical joke or statement.
3.
Genre: the genre that I will be trying to reach out to in this essay will be informational, reason being is that I mainly look at informational online documentaries and stories.
4.
Stance and tone: I’m just a young man who grew up around a lot of people from different places and have different cultures and never paid attention in my younger years to what was happening from stereotyping others that they are different till recently.
5.
Graphic design
: My essay will be a strict academic essay
.
1. Tell us why it is your favorite film.2. Talk about the .docxcroysierkathey
1. Tell us why it is your favorite film.
2. Talk about the interconnection between the aesthetic and the technical aspects of the film. This should include at least seven of the following: Editing, Film Structure, Cinematography, Lighting, Colors, Screenwriting, Special effects, Sound and Music.
3. After this course, will you see you favorite film in a different light? Why or why not?
.
1.What are the main issues facing Fargo and Town Manager Susan.docxcroysierkathey
1.What are the main issues facing Fargo and Town Manager Susan Harlow?
Fargo and Town Manager Harlow are on a slippery slope to corruption. I think that Harlow is handling her position the correct way by trying to remain neutral and sticking to a code of ethics so the problem really comes down to the political actors in the town. It is good that Harlow declined the invite to the dinner party, and cracked down on employees playing politics at work, that is a step in the right direction to removing the possibility of political corruption.
2.What is the basis for your answer to question #1?
At the end of the article Harlow remembers another city manager saying “you never have more authority than the day you walk into your office” What I get from that, and what I think Harlow got from that is that when you come into a position as a public manager everyone is going to want something from you. Political actors are going to want political favors, quid pro quos, you have something that everyone else wants and they are going to try and get that from you.
3.What are your recommended solutions to the problems you identified?
I think the best thing to do would be to continue to try to remain neutral. It will always be impossible to please absolutely everybody so the best thing to do is try to avoid doing everything everyone asks and stick to some sort of code of ethics.
4.What points do you agree, disagree or want further discussion from your fellow classmates and why? (tell them not me)
I think the overarching theme of this article is that people are going to want things from the government. I agree with Harlow's steps to avoid political corruption in her administration by cracking down on political favors with the snow plows and referring to the ICMA code of ethics.
.
1.Writing Practice in Reading a PhotographAttached Files.docxcroysierkathey
1.
Writing: Practice in Reading a Photograph
Attached Files:
Bachman, Ieshia Evans, Baton Rouge (2016).jpg
(277.283 KB)
For this assignment, you will practice analyzing how various rhetorical elements contribute to the overall meaning of a visual image--in this case, a photograph. To begin, click on the attached image.
By way of some context, this photo was taken in 2016 at a protest rally in Baton Rouge, Louisiana. The woman in the photo is named Ieshia Evans. The photographer is named Jonathan Bachman. Bachman's photo, which was first published by Reuters, was a finalist for a Pulitzer Prize in 2017. You can use this information to do more research on the image, if you like.
Now, review once again the Elements and Methods of Visual Rhetoric document and select from it
three
elements that you wish to discuss in relation to this photo. Please note that this is not a formal essay assignment, so do not treat it as such. For example, you do not need to create a formal introduction.
Begin by simply providing an
interpretive claim
--i.e., stating what you believe is the meaning or message of Bachman's photo. Ideally, this should be just
one
sentence (tho you can write two if necessary). After that, your document simply needs to contain
three paragraphs
, one for each rhetorical element you have selected. In each paragraph, you need to explain fully how the particular element contributes to the overall meaning or message of the image.
Note: Your assignment must be submitted as an attached .doc or .docx file. Name your file correctly, using your last name and brief description of assignment (e.g., Martinez, Photograph.docx).
2.
DB: Interpreting Political Ads
In this discussion board, you will be discussing and interpreting a recent political ad entitled "Mourning in America," which was produced by The Lincoln Project, a political action committee (PAC). If you are not familiar with the group, take a moment to research it, as that context will add to your understanding and interpretation. You can
click here
to view the ad.
As you watch "Mourning in America", think carefully about how this political advertisement compares and contrasts with Ronald Reagan's "Morning in America" ad, in terms of its rhetorical methods as well as its overall message. You will be asked to comment on
three
specific rhetorical elements, so decide which ones stand out most to you and take careful notes on those to prepare for the discussion.
When you are ready, click the link above to enter the Discussion Board, and then follow the instructions in the first thread posted in this forum for responding to this material.
Questions:-
Mourning in America
COLLAPSE
Your task here is to share with your peers your ideas on how
three
specific rhetorical elements or your choosing are used in this ad to make its appeal to an audience and to convey a message.
1. Identity the three rhetorical elements that you have selected and then
explain
how each .
1.Some say that analytics in general dehumanize managerial activitie.docxcroysierkathey
1.Some say that analytics in general dehumanize managerial activities, and others say they do not. Discuss arguments for both points of view.
2.What are some of the major privacy concerns in employing intelligent systems on mobile data?
3. Identify some cases of violations of user privacy from current literature and their impact on data science as a profession.
4.Search the Internet to find examples of how intelligent systems can facilitate activities such as empowerment, mass customization, and teamwork.
Note: Each question must be answered in 5 lines and refrences must be APA cited.
.
1.What is the psychological term for the symptoms James experiences .docxcroysierkathey
1.What is the psychological term for the symptoms James experiences after abstaining from consuming
alcohol? How do changes in the functioning of neurotransmitter systems produce these symptoms?
2.With reference to associative learning principles/models/theories, why does James consume alcohol
to alleviate these symptoms? What motivates his drinking behaviour given that he no longer enjoys this
activity (most of the time)?
3.How do these factors prevent James from quitting his drinking, and lead to a cycle of relapse when he
attempts to do so? Why are these processes important for our understanding of addiction and
substance use disorders.
1 Page
at least 3 sources
APA
.
1.Write at least 500 words discussing the benefits of using R with H.docxcroysierkathey
1.Write at least 500 words discussing the benefits of using R with Hadoop. Use APA format and Include at least 3 quotes from your sources enclosed in quotation marks.
2.Write at least 500 words discussing how insurance companies use text mining to reduce fraud. Use APA format and Include at least 3 quotes from your sources enclosed in quotation marks.
.
1.What is Starbucks’ ROA for 2012, 2011, and 2010 Why might focusin.docxcroysierkathey
1.What is Starbucks’ ROA for 2012, 2011, and 2010? Why might focusing specifically on ROA be misleading when assessing asset management (aka management efficiency)?
2.Why is ROE considered the most useful metric in measuring the overall ability of a business strategy to generate returns for shareholders?
3. How do the financial statements reveal company strategy (i.e., what story do the numbers tell and does that story align with the strategy of Starbucks?)?
.
1. Discuss the cultural development of the Japanese and the Jewis.docxcroysierkathey
1. Discuss the cultural development of the Japanese and the Jewish heritage.
2. What are the cultural beliefs of the Japanese and Jewish heritage related to health care and how they influence the delivery of evidence-based healthcare?
A minimum of 2 evidence-based references
no older than 5 years is required.
A minimum of 600 words
(excluding the first and references page) is required.
.
1. Discuss at least 2 contextual factors(family, peers, school,.docxcroysierkathey
1.
Discuss at least 2 contextual factors(family, peers, school, community, work, etc.) that might make young people more or less likely to experience adolescence as a period of storm and stress.
2. How might the dramatic physical changes that adolescents undergo—and the accompanying reactions from others—influence other aspects of development, such as social or emotional development?
3. Describe some ways in which adolescent decision making is a product of interactions among puberty, brain development, cognitive growth, and contextual influences such as parents, peers, and community.
.
1.Write at least 500 words in APA format discussing how to use senti.docxcroysierkathey
1.Write at least 500 words in APA format discussing how to use sentiment analysis how political speech affects voters. Use at least 3 references in APA format.
2.Read the below article(link below) on statistics for categorical variables. Write at least 500 words in APA format discussing how to use these statistics to help understand big data.
Link: https://uc-r.github.io/descriptives_categorical
.
1.The following clause was added to the Food and Drug Actthe S.docxcroysierkathey
1.The following clause was added to the Food and Drug Act:
“the Secretary [of the Food and Drug Administration] shall not approve for use in food any chemical additive found to induce cancer in man, or, after tests, found to induce cancer in animals.”
After this clause was adopted, no new additives could be approved for use in food if they caused cancer in people or animals.
The public loved this and industry hated it.
What do you think of this clause? Do you support it or do you oppose it?
At the top of your post, please indicate SUPPORT or OPPOSE and then give your rationale. Then after you can view your classmates' posts, make your case to your fellow students.
2.There was a law that individuals who were indigent and who wished to litigate could apply to the courts for a total waiver of the normal filing fee. In the legislative session, however, a statute was enacted which limits the courts' authority to waive filing fees in lawsuits brought by prisoners against the state government.
Under this new law, a court has to require the prisoner to pay a filing fee "equal to 20 percent ... of the average monthly deposits made to the prisoner's [prison] account ... or the average balance in that account", whichever is greater (unless this calculation yields a figure larger than the normal filing fee).
A prisoner (who was indigent) wanted to appeal his case and was to be charged this fee. He filed suit claiming it was unconstitutional to charge this fee to prisoners.
Choose the side of the prisoner or the side of the state and tell why you would rule for the side you chose.
At the top of your post, please indicate SUPPORT PRISONER or OPPOSE PRISONER and then give your rationale. After you can view your classmates' posts, make your case to your fellow students.
3.A defendant pleaded guilty to receiving and possessing child pornography and was sentenced to 108 months in prison. The sentencing judge raised the defendant’s base offense level….by two levels because "a computer was used for the transmission" of the illegal material.
The appeal filed challenged the punishment enhancement (not his guilt of the base punishment.)
The defendant argued the law did not apply to him because he did not use a computer to transmit the material. (ie He was the receiver, not the sender, of the child pornography.)
Do you believe that the sentence enhancement should be upheld? Give an economic analysis and rational for your choice.
At the top of your post, please indicate SENTENCE UPHELD or SENTENCE REVERSED and then give your economic analysis/rationale. After you can view your classmates' posts, make your case to your fellow students.
4.The ordinance was enacted that gives tenants more legal rights including:
the payment of interest on security deposits;
requires that those deposits be held in Illinois banks;
allows (with some limitations) a tenant to withhold rent in an amount reflecting the cost to him of the landlord's v.
1.What are social determinants of health Explain how social determ.docxcroysierkathey
1.What are social determinants of health? Explain how social determinants of health contribute to the development of disease. Describe the fundamental idea that the communicable disease chain model is designed to represent. Give an example of the steps a nurse can take to break the link within the communicable disease chain.
Resources within your text covering international/global health, and the websites in the topic materials, will assist you in answering this discussion question.
2. Select a global health issue affecting the international health community. Briefly describe the global health issue and its impact on the larger public health care systems (i.e., continents, regions, countries, states, and health departments). Discuss how health care delivery systems work collaboratively to address global health concerns and some of the stakeholders that work on these issues.
Resources within your text covering international/global health, and the websites in the topic materials, will assist you in answering this discussion question.
.
1.This week, we’ve been introduced to the humanities and have ta.docxcroysierkathey
1.
This week, we’ve been introduced to the humanities and have taken some time to consider the role of the humanities in establishing socio-cultural values, including how the humanities differ from the sciences in terms of offering unique lenses on the world and our reality. Since one of the greatest rewards of being a human is engaging with different forms of art, we’ve taken some time this week to learn about what it means to identify and respond to a work of art. We’ve learned about the difference between abstract ideas and concrete images and concepts like structure and artistic form. To help you deepen your understanding of these foundational ideas, your Unit 1 assignment will consist of writing an essay addressing using the following criteria:
Essay Requirements:
• 1,000 words or roughly four double-spaced pages.
• Make use of at least three scholarly sources to support and develop your ideas. Our course text may serve as one of these three sources.
• Your essay should demonstrate a thorough understanding of the READ and ATTEND sections.
• Be sure to cite your sources using proper APA format (7th edition).
Essay Prompt:
• In this essay, you will consider the meaning of art and artistic form by responding to these questions:
o To what extent does Kevin Carter’s Pulitzer Prize-winning photograph (figure 2-5) have artistic form?
o Using what you’ve learned in Chapters 1, 2 and 14 explain if you consider Carter’s photograph a work of art? Be sure to point to specific qualities of the photograph to support/develop your response.
o How do you measure the intensity of your experience in response to Carter’s photograph? What does it make you see/feel/imagine and how does your response/reaction support Carter’s image as a work of art?
.
1.What are barriers to listening2.Communicators identif.docxcroysierkathey
1.
What are barriers to listening?
2.
Communicators identified the following as major listening poor habits. Search what each poor habit means and try to set an example using your own experience.
Poor listening habit:
Pseudo-listening, Stage hogging, Filling in gaps, Selective listening, Ambushing (
Definition & Example)
.
1.Timeline description and details There are multiple way.docxcroysierkathey
1.
Timeline description and details
: There are multiple ways to construct a timeline. Find one that fits you and your information.
Include 10-15 events, each including the following descriptors:
- titles of books or writings or some sort of identifier
- your age or some time reference
- and whether it was a positive or negative experience
.
1.The PresidentArticle II of the Constitution establishe.docxcroysierkathey
1.
The President
Article II of the Constitution established the institution of the presidency. Select any TWO Presidents prior to 1933 and any TWO Presidents since 1933 and for EACH one:
a.
Discuss
any
expressed
power used by each president and the
impact
that decision had on American society at the time of its use
b.
Explain
whether you
agree/disagree
with the presidential action taken and
WHY
c.
Describe
one
legislative initiative
promoted by each president and the
impact
on America at the
time of its passage
as well as what the impact of that legislation is
TODAY
d.
Discuss
one
executive order
issued by each president and whether you
agree/disagree
with the order and
WHY
1.
Select any FOUR United States Supreme court decisions related to Civil Rights/Civil Liberties and for
each one
:
a.
Describe
the facts of the case
b.
Discuss
the arguments of each side as it pertains to the
Constitutional issue
being addressed
c.
Explain
the decision citing
Constitutional rationale
of the court including any dissenting opinion if not a unanimous verdict
d.
Explain
whether you
agree/disagree
with the court’s decision and
WHY
.
1.What other potential root causes might influence patient fal.docxcroysierkathey
1.
What other potential root causes might influence patient falls?
2.
Equipped with the data, what would you do about the hypotheses that proved to be unsupported?
3.
Based on the correctly identified hypothesis in the case scenario, what would be your course of action if you were the CEO/president of St. Xavier Memorial Hospital?
4.
What do you think of the CNO’s (Sara Mullins) position of “waiting and seeing what the data tells us” instead of immediately jumping to conclusions?
.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
For more information, visit-www.vavaclasses.com
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
How to Create Map Views in the Odoo 17 ERPCeline George
The map views are useful for providing a geographical representation of data. They allow users to visualize and analyze the data in a more intuitive manner.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Louisiana Law ReviewVolume 31 Number 1December 1970C.docx
1. Louisiana Law Review
Volume 31 | Number 1
December 1970
Civil Commitment Procedure in Louisiana
Larry C. Becnel
This Comment is brought to you for free and open access by the
Law Reviews and Journals at LSU Law Digital Commons. It has
been accepted for
inclusion in Louisiana Law Review by an authorized editor of
LSU Law Digital Commons. For more information, please
contact [email protected]
Repository Citation
Larry C. Becnel, Civil Commitment Procedure in Louisiana, 31
La. L. Rev. (1970)
Available at:
https://digitalcommons.law.lsu.edu/lalrev/vol31/iss1/11
https://digitalcommons.law.lsu.edu/lalrev
https://digitalcommons.law.lsu.edu/lalrev/vol31
https://digitalcommons.law.lsu.edu/lalrev/vol31/iss1
https://digitalcommons.law.lsu.edu/lalrev/vol31/iss1
mailto:[email protected]
COMMENTS
responsibility of providing a financially solvent enterprise
which
could satisfy a judgment secured by a plaintiff injured through
breach of the above standards. However, because of the increas-
2. '
ing difficulty of the duties of the police force, it is felt that
there should be a differentiation between negligent breaches and
intentional breaches. In the former situation, the officer should,
be disciplined by way of administrative procedure while the
municipality should bear the brunt of a civil judgment for the
torts of its employee. However, in the latter situation, the
mental
element makes it desirable that the officer and the municipality
be liable in solido. It is noted that such a scheme presupposes
that the veil of municipal immunity would be lifted as
previously
discussed. It is submitted that the adoption of the above
proposals
would give our courts the gauge by which to adequately judge
and redress violations of the legal rights of criminal suspects
and would in the end accomplish the purpose of upgrading our
police force.
The problem of inappropriate use of deadly force by a police
.officer is as old and as complicated as the problem of crime
itself. To criminally convict or to civilly condemn the
individual
policeman is to treat the symptom while encouraging the disease
to fester. The causes of the problem are an inadequately trained
police force and law in the state of generality to the point of
uselessness. It is only when these causes are eliminated that
the problem will be resolved.
Van R. Mayhall, Jr.
CIVIL COMMITMENT PROCEDURE IN LOUISIANA
As of 1966, the United States had between 600,000 and
650,000 persons hospitalized because of mental illness.' Today
more people are involuntarily hospitalized in mental institutions
3. than are imprisoned for the commission of crime. 2 Volumi-
nous research and writing in both the medical and the legal
fields have been concerned with the problems of America's
mentally disturbed. The dilemma of the mentally ill is com-
1. Couch, Book Review, 44 TUL. L REV. 426, 431 (1970). In
1962-63, the
average daily population in Louisiana mental hospitals was
7,188 patients.
Another 10,069 persons were cared for in community clinics.
LOUISIANA'S
NEW PLAN-MENTAL HEALTH SERVICES 11 (La. State Dep't
of Hospitals 1964).
2. Note, 35 BROOKLYN L. REv. 187, 188 (1969).
19701
LOUISIANA LAW REVIEW
plicated by the necessity for legal protection which must be
provided for every person suspected of being, and found to be,
mentally disturbed, "because he is a citizen first and a mental
patient second."'3 The purpose of this Comment is to review
the Louisiana procedures which may be used to commit persons
to mental hospitals against their will,4 and evaluate them in
the light of current federal constitutional standards and require-
ments and contemporary theories of mental hospitalization.
Specifically, the paper is limited to the procedural problems
of notice and the opportunity to be heard, the hearing, and the
problem of the right to counsel.
Commitment similar to that which exists today was unknown
in America before the late eighteenth century, and not until
4. the nineteenth century did concern develop that commitment
to mental institutions might be, and was being, used to deprive
persons of their liberty illegally. Much effort was made to make
mental commitment difficult to achieve, resulting in procedures
which possibly did more to retard the progress of mental health
than to protect those mentally healthy.5 Psychiatrists protested
excessive "legalisms,"6 a reaction began, and the trend turned
to increasingly liberalized procedures.7 It is possible that
reaction
has become over-reaction,8 however, and that we have deferred
to medical opinion to too great an extent, perhaps forgetting
that
the original fears were not totally unfounded. It may be true
that "railroading" is in large part mythical;9 but the law must
3. SPECIAL COMMITTEE OF THE ASSOCIATION OF THE
BAR OF THE CITY or NEw
YORK, MENTAL ILLNESS AND DUE PROCESS 14 (1962).
4. Excluded from the purview of this paper are procedures for
mental
commitment which in any way arise from criminal proceedings.
Such pro-
cedures constitute a separate area with unique problems.
5. For the early history of mental commitment in America, see
A.
DEUTSCH, THE MENTALLY ILL IN AMERICA 418-28 (2d
ed. 1949).
6. Psychiatrists have often criticized what they consider
excessive for-
mality in hospitalization proceedings. In 1946, Dr. Karl
Bowman, then
president of the American Psychiatric Association, said: "[Tihe
public is
5. so obsessed with the legal point of view and the alleged
infallibility of legal
procedure that they insist on protecting the so-called legal
rights of the
patient without thinking what his medical rights are." 103 AM.
J. PSYCHIATRY
1, 12 (1946), quoted in M. GUTTMACHER & H. WEIHOFEN,
PSYCHIATRY AND THE
LAW 289 (1952).
7. THE REPORT OF THE AMERICAN BAR FOUNDATION
ON THE RIGHTS OF THE
MENTALLY ILL, THE MENTALLY DISABLED AND THE
LAw 16 (F. Lindman & D.
McIntyre ed. 1961) (hereinafter cited as LINDMAN &
MCINTYRE); Comment,
1969 DUKE L.J. 677.
8. See Comment, 61 Nw. U.L. Rsv. 977, 983 (1966), in which a
student
writer expresses a similar opinion.
9. A. DEUTSCH, THE MENTALLY ILL IN AMERICA 418 (2d
ed. 1949); Curran,
Hospitalization of the Mentally I1, 31 N.C.L. REv. 274, 292-93
(1953).
[VOL. 31
COMMENTS
guard against any possibility of liberty attaining the status of
myth. American values concerning liberty and due process of
law require fundamental standards of fairness in attempts to
6. confine persons against their will because of alleged
criminality.
Such values, it would seem, require fairness in attempts to
do the same thing-deprive one of his liberty-in the involuntary
commitment of the mentally ill. As the immediate aim-confine-
ment-is the same in criminal and civil proceedings, some of
the same constitutional requirements may be found necessary
in both proceedings. Because of the paucity of case law on
the subject, however, it is not yet known precisely which con-
stitutional requirements finally will be applied. If it may be
assumed that most people sought to be committed are indeed
mentally ill, psychological considerations will necessitate deft
balancing, careful study, and selective application of constitu-
tional standards by the courts. It is submitted that certain fun-
damental requirements of due process must be applicable to
hospitalization proceedings, but that the entire panoply of due
process requirements of the criminal process should not be, at
least not in the same manner. 10 The reasons for this position
will be more adequately set forth in the discussion of each
particular problem.
The state's authority to detain and confine the mentally
ill is said to have been based originally on society's right to
protect itself against dangerous persons, that is, the police
power," "one of the most essential of powers, at times the most
insistent, and always one of the least limitable of the powers
of government.' 2 Today, the doctrine of parens patriae, which
holds that the state as servant of the common good may care
for those unable to care for themselves, is also asserted to
justify
the confinement of the mentally disturbed.'8 The Matter of
Josiah Oakes 14 was the first explicit judicial recognition in the
United States of the principle that the state can confine the
10. Cafeteria Workers v. McElroy, 367 U.S. 886, 895 (1961):
"[C]onstd-
7. eration of what procedures due process may require under any
given set of
circumstances must begin with a determination of the precise
nature of the
government function involved as well as of the private Interest
that has
been affected by governmental action."
11. LINDMAN & MCINTYRE 17 (1961); see also Ross,
Commitment of the
Mentally Ill: Problems of Law and Policy, 57 MIcH. L. Ruv.
945-55 (1959).
12. District of Columbia v. Brooke, 214 U.S. 138, 149 (1909).
13. Ross, Commitment of the Mentally Ill: Problens of Law and
Policy,
57 MIcH. L. Rzv. 945 (1959).
14. 8 Law Rep. 123 (1845-46). See Confinement of the Insane,
3 Am. L.
Ruv. 193, 199 (1869).
1970]
LOUISIANA LAW REVIEW
mentally ill on the basis of the need for remedial or therapeutic
treatment. 1 5 Confusion exists in the literature and the
jurispru-
dence as to the precise delineation of these concepts.'" The
United States Supreme Court has branded the doctrine of
parens patriae a "murky" concept whose "historic credentials
are of dubious relevance."'1 7 It would seem that for purposes
8. of determining proper procedure in the commitment process
recourse should not be made to these nebulous concepts. Where
any distinction must be made in deciding when otherwise man-
datory procedures in the commitment process may be dispensed
with, it should be simply on the basis of the potential danger
imposed by the individual to himself and/or society. 18 If the
would-be patient is seriously thought to be dangerous, whether
to himself or others, then, and only then, should the more
stringent procedural devices not be used prior to commitment;
and, as will be illustrated later, when this is done, effective
substitutes should be required. At present Louisiana does not
make such a distinction; its procedural safeguards are lacking
in other respects as well.
Louisiana Commitment Procedures
Louisiana provides four methods for the purely civil com-
mitment of the mentally ill: 19 voluntary admission, coroner's
commitment, judicial commitment, and emergency commit-
ment.2e The voluntary admission procedure, encouraged by
authorities 2' in the psychiatric field,2 allows any mentally ill,
inebriate, or epileptic person desiring treatment to apply to the
superintendent of the state hospital or to the director of a
private
hospital for admission. 28 Before he is admitted, the patient
must
15. A. DEUTSCH, THE MENTALLY ILL IN AMERICA 423
(2d ed. 1949).
16. Cf., e.g., E. FREUND, THE POLICE POWER § 155 (1904);
Comment, 34
U. CHI. L. REV. 633, 653 n.98 (1967); State v. Green, 360 Mo.
1249, 232 S.W.2d
897 (1950).
9. 17. In re Gault, 387 U.S. 1, 16 (1967).
18. Cf. State v. Mullinax, 364 Mo. 858, 269 S.W.2d 72 (1954).
19. The Louisiana Mental Health Law is found in Title 28 of the
Re-
vised Statutes, and is briefly outlined in Slovenko & Super,
Commitment
Procedure in Louisiana, 35 TuL L. REV. 705 (1961).
20. LA. R.S. 28:50 (Supp. 1968).
21. IANDMAN & MCINTYRE 107 (1961).
22. Persons who enter the hospital voluntarily are usually better
patients
and have greater chance of early recovery. The voluntary
admission helps
to eliminate the detention spirit, and has become closely tied to
modern
therapy. SPECIAL COMMITTEE OF THE ASsOCIATION OF
THE BAR OF THE CITY OF
Nsw YORK, MENTAL ILLNESS AND DUE PROCESS 13, 16
(1962). See also Curran,
Hospitalization of the Mentally Il, 31 N.C.L. REV. 274, 277
(1953).
23. LA. R.S. 28:51 (Supp. 1966).
[VOL. 31
COMMENTS
be fully informed of the provisions of the Mental Health Law. 4
A patient voluntarily admitted is entitled to his release upon
10. demand; 25 however, provision is made for postponement of
his discharge if the superintendent of the hospital, within forty-
eight hours of the request for discharge, files a certificate with
the local district court stating release would be unsafe for the
patient or others. Judicial commitment proceedings must then
be instituted.
26
The coroner's commitment is initiated upon the application
of any responsible person, in the absence of relatives, giving
the reason why institutional care is needed.2 The application
must be accompanied by a certificate of the coroner and one
other qualified physician stating that the patient has been
examined within three days of the application and is in need
of care or observation. The application must then be submitted
for approval to the district judge of the district from which
the patient is to be committed. After fourteen days, the cer-
tificate of the coroner and the physician is invalid and the
superintendent may not receive the patient for confinement.2
The coroner is authorized to detain the patient by confining
him in any state hospital or parish jail or private mental hospital
for not more than thirty days or until committed or ordered
released.
29
Judicial commitment may be upon the application of any
responsible person, accompanied by a certificate of examination
of the coroner and another qualified physician.8 0 The judge
may commit when he thinks it "in the best interest of the
patient and the community." 1 A hearing is to be held not less
than five days from receipt of the examiner's report. The
patient's
presence at this hearing is within the court's discretion, and he
may even be committed to an institution for a limited period of
11. observation. Provision is also made for the appointment of a
24. Id.
25. Id. 28:98.1 (Supp. 1954).
26. Id.
27. Id. 28:52.
28. Id.
29. Id. 28:52.1 (Supp. 1966).
30. Id. 28:53(a) (Supp. 1962). The statute says "accompanied by
a cer-
tificate as provided in R.S. 28:52,' which is the provision for
the coroner's
commitment. Why the coroner should be involved in this
process Is not clear.
31. Id. 28:53(b).
1970]
LOUISIANA LAW REVIEW [VOL. 31
commission to aid the court in its decision, but this too is
within the court's discretion.
8 2
Any relative, friend, or curator may apply to the superin-
tendent of a mental hospital for the emergency commitment of
one who needs immediate mental care.88 The application is to
be accompanied by the certificate of a qualified physician; the
accompanying certificate is valid for only twenty-four hours.
Although the state sets thirty days as the ordinary maximum
for confinement under this procedure, it allows the continued
12. detention of the patient upon the authorization of the judge
or coroner.8 4 If the superintendent of the hospital thinks com-
mitment is necessary, he must institute proceedings for
coroner's
or judicial commitment, and may retain the patient, on the
authorization of the judge or coroner, until judicial or coroner's
commitment proceedings are accomplished. 85 Another statute,8
6
not contained in the title on mental health, allows the coroner
to order the apprehension and detention, "for a reasonable
length
of time," "in a mental hospital or jail," of any person for whose
detention application has been made on the ground that he is
"mentally ill, mentally defective, inebriate, addict, epileptic, or
psychopathic and is in need of observation or care." Such
action,
32. Id. 28:54 (1950).
33. Id. 28:57.
34. While the Louisiana Constitution requires that the coroner's
office
ordinarily be filled by a licensed physician, a layman may serve
as coroner
where no physician is available or none will accept the post.
LA. CONST. art.
VII, § 71. Moreover, the coroner may delegate his duties to a
justice of the
peace if he chooses to do so. LA. R.S. 33:1553 (1950). Thus, it
is conceivable
that detention may be ordered by one not trained either in law
or medicine,
much less in the specialized field of psychiatry. Id. 28:52, as
amended La.
Acts 1952, No. 152, § 1 and La. Acts 1954, No. 701, § 1: "Any
13. detentions, con-
finements or commitments made by the coroner under the above
recited
circumstances are hereby declared to be administrative acts
attached to the
functions of his office as required by law and for which acts he
is specifically
granted personal immunity, but not relieved of his official
responsibility in
his capacity as coroner." A similar grant of immunity is
contained in LA.
R.S. 33:1555 (1950). Where the coroner acts contrary to
statutory procedure,
however, he will not be granted immunity from an action for
damages under
the Civil Rights Act of 1871 (42 U.S.C. § 1983 (1871)), despite
the Louisiana
statutes. Delatte v. Genovese, 273 F. Supp. 654 (E.D. La. 1967).
35. LA. R.S. 28:57 (1950).
36. Id. 33:1555. This statute was last amended by La. Acts
1952, No. 151.
Id. 28:52, dealing with the coroner's commitment, was amended
by La. Acts
1952, No. 152. Both were approved by the governor on the same
day. In addi-
tion, id. 28:52 was amended by La. Acts 1954, No. 701, to read
as it presently
does. La. Acts 1954, No. 701, contains a general repealing
clause in § 2.
Therefore, it may be that id. 33:1555 has been repealed to the
extent that
it conflicts with id. 28:52. Nevertheless, enough confusion and
repetition re-
main in other provisions of the Mental Health Law to warrant
14. new and
clarified statutes.
COMMENTS
the statute declares, is "for the accused person's own good and
for the peace and safety of the community."
These statutory procedures for commitment are ambiguous,
redundant, and conflicting; more importantly, they contain the
potential for great abuse. Not only may a person be deprived
of his liberty for up to thirty days without judicial review,
but he may be put in jail by the coroner on the application of
any "responsible" person. An irate wife, for example, might
succeed in having her husband incarcerated over the week-end.
And, more disturbingly, the procedures now available present
the haunting possibility that political beliefs and activities
which
deviate from the accepted norm easily may be punished by a
sojourn in a penal institution.
Notice and the Opportunity to Be Heard
The Louisiana Mental Health Law has no provisions requir-
ing pre-commitment notice to the allegedly mentally ill person,
nor is there any provision for a mandatory pre-commitment
hearing. Many medical authorities would applaud these omis-
sions; many lawyers, on the other hand, would denounce them.
Pragmatically, notice gives the allegedly mentally ill person an
opportunity to contest the attempt to hospitalize him, to prepare
a defense to any "accusation" of mental instability. Psychiatrists
are prone to think that notice will only have an adverse effect
on the one to be committed, causing him trauma and further
mental injury, and will be futile in any event, as an insane
15. person will not be able to take advantage of notice served on
him. This position assumes that all those sought to be com-
mitted are indeed mentally ill; but "insanity is the very thing
to be tried. ' 37 Contrarily, of course, if notice is served on all
sought to be be committed, it will be served on some who are
indeed mentally ill, perhaps seriously so, and who might be
traumatized by it or unable to understand its import. The prob-
lem is one which calls for a careful weighing of medical and
legal considerations. Medical opinion notwithstanding, the
absence of any pre-commitment notice or hearing requirements
raises serious constitutional questions.
Although the United States Supreme Court has charac-
terized the "primary sense" of due process as "an opportunity
37. In re Welman, 3 Kan. App. 100, 104, 45 P. 726, 727 (1896).
1970]
LOUISIANA LAW REVIEW
to be heard and to defend a substantive right,"8 it has never
decided the specific question of whether pre-commitment notice
and hearing is required by the fourteenth amendment. In
Simon v. Craft,9 the court held that due process requires notice
and hearing on the issue of the commitment of one allegedly
mentally ill, but it did not decide whether the hearing must
precede the confinement of the person. One Louisiana case has
dealt with the question. In In re Bryant,40 the petitioner
claimed
that his commitment without prior opportunity to be heard was
a denial of his rights and a deprivation of his liberty without
due process of law. The Louisiana Supreme Court rejected the
claim, saying that "[w]ere it not for two concurring and im-
16. portant factors such contention might have considerable merit. '
41
The factors which impressed the court were (1) that commit-
ment is "merely a matter of police regulation, purposing to
protect both the patient and the general public," 42 and (2)
the petitioner had an opportunity for a post-commitment hear-
ing. The court did not cite any authority for its decision. It
is possible that the court analogized the second reason to those
cases which have held that a hearing after state action affecting
property rights satisfies the due process clause. 43
Other courts have drawn this analogy to sustain commit-
ment without prior notice and hearing.44 Such juridical rea-
soning has been criticized sharply 5 on the ground that a taking
38. Brinkerhoff-Faris Co. v. Hill, 281 U.S. 673, 678 (1930).
39. 182 U.S. 427 (1901).
40. 214 La. 573, 38 So.2d 245 (1949).
41. Id at 584, 38 So.2d at 249.
42. Id.
43. See, e.g., Opp Cotton Mills v. Administrator, 312 U.S. 126
(1941);
United States v. Illinois Cent. R.R., 291 U.S. 457 (1934);
Phillips v. Commis-
sioner, 283 U.S. 589 (1931).
44. See, e.g., In re Ryan, 47 F. Supp. 10 (E.D. Pa. 1942);
Hammon v. Hill,
228 F. 999 (W.D. Pa. 1915); Payne v Arkebauer, 190 Ark. 614,
80 S.W.2d 76
(1935); County of Black Hawk v. Springer, 58 Iowa 417, 10
N.W. 791 (1882);
In re Dowdell, 169 Mass. 387, 47 N.E. 1033 (1897); Ex parte
Dagley, 35 Okla.
17. 180, 128 P. 699 (1912). But see Barry v. Hall, 98 F.2d 222
(D.C. Cir. 1938), in
which the court, in interpreting a federal statute, rejected the
appellee's
reliance on cases in which after-the-fact hearings in
commitment proceed-
ings were held sufficient for due process purposes. "The
provisions for ulti-
mate hearing were held to save the statutes. We think the cases
were
wrongly decided." Id. at 228.
45. See Note, 75 HARv. L. REv. 847 (1962); Comment, 61 Nw.
U.L. Rsv.
977, 981 (1967). "Law such as this is an affront to the very
concept of due
process. Any man has the right not to be unjustly confined for
an inde-
terminate period of time pending his eventual release through an
operation
of an appeal procedure." Kutner, The Illusion of Due Process in
Commit-
ment Proceedings, 57 Nw. U.L. REV. 383, 397 (1962); Petition
of Rohrer, 353
Mass. 282, 230 N.E.2d 915 -(1967).
[VOL. 31
COMMENTS
of liberty and a taking of property are not comparable-for one
whose property is taken is still free to contest the action, while
one who is confined against his will may not have any op-,
portunity to initiate legal proceedings to regain his freedom.
18. United States Supreme Court decisions sanctioning post-seizure
hearings have been carefully limited. Justice Brandeis, speaking
for the Court in Phillips v. Commissioner,4 6 for example, said:
"Where only property rights are involved, mere postpone-
ment of the judicial inquiry is not a denial of due process,
if the opportunity given for the ultimate judicial deter-
mination of the liability is adequate." 47 (Emphasis added.)
Even in cases involving property rights, the Supreme Court
has sought to balance public and private interests, allowing
dispensation with prior hearings "only where summary action
is required by the peculiarly urgent nature of the governmental
interest. ' ' 48 In the recent case of Goldberg v. Kelly,49 the
Court
held that procedural due process under the fourteenth amend-
ment requires that welfare recipients be afforded an evidentiary
hearing before termination of state benefits by welfare authori-
ties. The Court concluded that the recipient's interest in unin-
terrupted receipts of public assistance, together with the state's
interest that payments not be terminated erroneously, out-
weighed the state's countervailing interest in conserving admin-
istrative and fiscal resources. This balancing approach is also
used in conscription cases, where the private interest is not in
property but in liberty. Justice Harlan, concurring in Oestereich
v. Selective Service Board, explained that the reason for post-
poning judicial review of induction orders is twofold: (1) to
stay induction pending such review would work havoc with
orderly processing into the armed forces (i.e., the national
interest here outweighs the private interest), and (2) the induc-
tee has had some opportunity for review within the Selective
Service System."' In exercising their inherent power to punish
46. 283 U.S. 589 (1931).
47. Id. at 596-97. See also Ewing v. Mytinger & Casselberry,
339 U.S.
19. 594 (1950); of. Bowles v. Willingham, 321 U.S. 503 (1944).
48. See Note, 76 YALn L.J. 1234, 1239 (1967), and cases cited
therein.
49. 25 L.Ed.2d 287, 89 S.Ct. 287 (1970).
50. 393 U.S. 233 (1968).
51. Id. at 240-41. Justice Harlan felt that "[ilt is doubtful
whether a
person may be deprived of his personal liberty without the prior
oppor-
tunity to be heard by some tribunal competent fully to
adjudicate his
claims." Id. at 243, n.6. Justice Stewart, however, expressed
disagreement
with this statement. Id. at 250, n.10.
1970]
LOUISIANA LAW REVIEW [VOL. 31
contemptuous conduct committed in their presence, a power
"arbitrary in its nature and liable to abuse, ' 52 courts deprive
persons of liberty without prior notice and hearing. But the
power is thought essential to preserve the authority of the courts
and prevent the administration of justice from falling into
disrepute. 5 Here again, the public interest outweighs the
individual interest. It is submitted, however, that in the area
of mental hospitalization, where the person whose commitment
is sought is not dangerous, the public interest in providing
care does not outweigh the individual's interest in preserving
his liberty from summary deprivation instituted by either pri-
vate citizens or the state. It is believed that the United States
Supreme Court, following its approach in other areas, would not
20. allow the hospitalization of one who presents no danger unless
he has been notified of the attempt and given a hearing on the
issue.54
Emergency commitments of the dangerous without notice
and hearing are justifiable and necessary. Society has a right
to protect itself-and the patient-from harm. 55 Moreover, with-
52. Ex parts Terry, 128 U.S. 289, 313 (1888).
53. See Fisher v. Pace, 336 U.S. 155 (1949). In Illinois v. Allen,
25 L.Ed.2d
353, 359, 90 S.Ct. 1057, 1061 (1970), the Court said: "It is
essential to the
proper administration of criminal justice that dignity, order, and
decorum
be the hallmarks of all court proceedings in our country."
54. But see Baxstrom v. Herold, 383 U.S. 107, 111 (1966),
where the fol-
lowing statement is found: "Classification of mentally ill
persons as either
insane or dangerously insane of course may be a reasonable
distinction for
purposes of determining the type of custodial or medical care to
be given,
but it has no relevance whatever in the context of the
opportunity to show
whether a person is mentally ill at all." In Baxstrom the Court
held that
the petitioner was denied equal protection by the laws of the
New York
statutory procedure whereby a person may be civilly committed
at the end
of a penal sentence without the jury review available to all
others civilly
21. committed. He was further denied equal protection by his
commitment to an
institution maintained by the department of corrections beyond
the expira-
tion of his prison term without the judicial determination of his
being dan-
gerously mentally ill afforded to all being so committed except
those nearing
the end of a penal sentence.
Because Baxstrom concerned one already incarcerated for a
criminal
offense, it may be that the Court will limit the application of the
Baxstrom
rule to situations Involving the criminally insane. Nevertheless,
the broad
statement quoted above may be cited in the future as authority
for the
holding that no distinction is to be made between those
dangerously men-
tally ill and those who present no obvious danger to themselves
or others.
It is hoped that this unfortunate result will not be reached, for it
could
deprive many persons of their continued freedom while doing
nothing to
serve the interests of mental health.
55. "[L]iberty may not be carried to the point where it threatens
the
correlative liberty of others, and so there can be no question of
the pro-
priety of committing a person without his consent if he is
dangerous to
others. And since the life and health of an individual is a matter
of social
22. concern as well as of private concern to himself, society has a
legitimate
COMMENTS
out an emergency commitment procedure, dangerously ill per-
sons will very likely be put in jail until a hearing is held,
perhaps for allegedly disturbing the peace. The amount of proof
needed to warrant an emergency commitment should be exact-
ing, perhaps a stringent certification by three physicians that
the person is indeed dangerous. The problem is, of course, com-
plicated by other factors, such as the possible unavailability
of so many physicians, especially in rural areas. Precisely what
prerequisites will be required before an emergency commit-
ment will be allowed is but one of the difficulties to be faced.
When considering medical arguments for liberal procedures,
recognition must be given to the importance of notice and hear-
ing to our concept of justice. These procedures serve as safe-
guards against having "rights decided in a secret star chamber
proceeding and . . . life or liberty taken by a lettre de cachet
calling for confinement or liquidation""" without any chance
of defense. The fact that a hearing after commitment may be
demanded 7 or that the ancient writ of habeas corpus 8 is avail-
able does not help prevent the initial deprivation of liberty.
Besides, the ignorant may not know of these rights, and the
poor often will be unable to use them in a practical way.59
Interest in protecting a person even against himself. For the
same reason
that it is proper for the state to prohibit suicide or self-
mutilation, it may
properly commit involuntarily a person who is seriously
harming himself."
M. GUTTMACHER & H. WEIHOFEN, PSYCHIATRY AND
23. THE LAW 311-12 (1952). It
Is assumed for the purposes of this Comment that the present
bases for
commitment are constitutional. For one view that some present
laws trans-
gress constitutional limitations, see Whitmore, Comments on a
Draft Act
for the Hospitalization of the Mentally Ill, 19 GEo. WAsH. L.
REv. 512 (1951).
A good discussion is also found in Comment, 53 VA. L. REv.
1134 (1967).
In Fhagen v. Miller, 306 F. Supp. 634, 638 (S.D.N.Y. 1969), the
court said,
In dictum: "Undoubtedly a forthwith commitment and temporary
detention
of allegedly mentally ill persons for observation without prior
notice and
hearing, where 'immediate action is necessary for the protection
of society
and for the welfare of the allegedly mentally ill,' is
constitutionally per-
missible, providing an adequate means is available to test the
cause and
reasonableness of the detention."
56. M. GUTTMACHER & H. WEIHOFEN, PSYCHIATRY AND
THE LAW 289 (1952).
57. LA. R.S. 28:56 (1950).
58. Id. 28:171(6). As one judge has remarked, "not only is 'the
pre-
sumption that the confined person knows the law . . . highly
unrealistic,'
but if the statute is constitutionally defective, it will not be
saved by the
24. Great Writ. Nor is it saved by an express recognition in the
state's Mental
Hygiene Law of a patient's right to the writ. The statute adds
nothing to
his constitutional right to avail himself of it." Fhagen v. Miller,
306 F. Supp.
634, 638 (S.D.N.Y. 1969).
59. Cohen, The Function of the Attorney and the Commitment
of the
Mentally fli, 44 TEXAS L. Rzv. 424, 453 (1969). It is
interesting to recall that
commitment laws when first enacted in the eighteenth century
were con-
sidered but another method of dealing with pauperism and
vagrancy. M.
GUTTMACHER & H. WEIHOFEN, PSYCHIATRY AND THE
LAW 292 (1952). Is it possi-
ble that such is still partially true today?
1970]
LOUISIANA LAW REVIEW
One might wonder whether the educated middle-class or
affluent
person, of good mental health, will consider recourse to these
devices once he has been shocked and demoralized by finding
himself in a mental institution. Reliance on post-commitment
proceedings which must be initiated by the patient is unsatis-
factory. If, as is suggested, prior notice and hearing are required
in non-emergency cases, real and adequate substitutes o for
them
must be had in emergency cases. Notice to an attorney"' and
25. relatives, followed by a prompt hearing (giving counsel suffi-
cient time to prepare his case)0 2 might constitute such.
The Hearing
Louisiana makes no provision for a jury determination of
the need for commitment. Although hospitalization results in a
loss of liberty as does a criminal conviction, it is believed
that the analogy to the criminal process is not to be extended
to require jury trials in hospitalization proceedings. Almost
all authorities are opposed to jury trials in this area.u A jury
trial is said to carry the taint of criminality and to stigmatize
the allegedly mentally ill person. 4 In Illinois, which made
jury trials available, more commitments of the sane took place
than had ever occurred because of the old procedure. 5 On the
other hand juries may be misled by patients who are indeed
sick and in need of care but who momentarily seem perfectly
normal. The result may be that one who, in the opinion of
almost all medical authorities, requires care, will be adjudged
sane by a well-meaning but misled group of laymen. 6 In
short, juries are not particularly suited for such determinations.
60. See Kutner, The Illusion of Due Process in Commitment
Proceed-
ings, 57 Nw. U.L. Rmv. 383, 385 (1962), in which the author
observes that in
actual practice patients are seldom informed of their rights. To
the same
effect is Slovenko, The Psychiatric Patient, Liberty, and the
Law, 13 KAN.
L. REV. 59, 76 (1964).
61. See text at notes 71-81 infra.
62. "Notice, to comply with due process requirements, must be
given
26. sufficiently in advance of scheduled court proceedings so that
reasonable
opportunity to prepare will be afforded." In re Gault, 387 U.S.
1, 33 (1967).
63. See, e.g., Kutner, The Illusion of Due Process in
Commitment Pro-
ceedings, 57 Nw. U.L. REv. 383 (1962); Slovenko & Super,
Commitment Pro-
cedure in Louisiana, 35 TUL. L. REV. 705 (1961); Weihofen,
Commitment of
Mental Patients, 13 RocxY MT. L. REV. 99 (1941); Comment,
1969 DUKi L.J.
677. But cf. Ross, Commitment of the Mentally Ill: Problems of
Law and
Policy, 57 MICH. L. REv. 945 (1959).
64. See Comment, 1969 DuKe L.J. 677, 692-93.
65. A. DEUTSCH, THE MENTALLY ILL IN AMERICA 426
(2d ed. 1949).
66. See, e.g., Project, Civil Commitment of the Mentally Ill, 14
U.C.L.A. L.
REv. 822, 858 (1967).
[VOL. 31
COMMENTS
Only thirteen states still authorize jury trials, and the trend
is to do away with them altogether.6
The absence of this safeguard, however, makes the hearing
assume greater importance. Because commitment is said to be
27. seldom contested," it is argued that requiring a hearing in every
involuntary hospitalization proceeding would be time-
consuming
and usually unnecessary. One might wonder, however, if
whether
the reason commitment is seldom opposed is because one sud-
denly locked in a hospital against his will is too depressed and
stunned to attempt any challenge. Yet such a person may not
be mentally ill or in need of care and should be at liberty.
A mandatory hearing would afford some measure of protection
to such persons. A pre-commitment hearing could also serve to
determine whether one who is possibly "abnormal" in some
respect would benefit from care,6 9 or would be better off
without
hospitalization (assuming he is not dangerous to himself or
others).
A counter-argument is that mandatory hearings will dis-
courage commitment of those who need it because families and
friends will be hesitant to air such matters publicly and in the
presence of the would-be patient. However, it would not seem
that a commitment hearing would necessarily have to be public.
Juvenile proceedings, for example, are often closed to the
public.
The important thing is that the person sought to be committed
have a chance to present his defense before an impartial
arbiter.70
In this regard, provision could be made to hold the hearing in
the judge's chambers, with the option of convening at any place
convenient and necessary to protect the would-be patient's men-
tal health. A request for a non-public hearing, possibly at the
patient's home, should be allowed if the judge is presented suf-
ficient evidence that such is necessary. The written statement
of two or more physicians could perhaps be a requisite for such
a request. That the patient be given the maximum feasible pro-
28. tection is of the greatest importance. Where apparently con-
flicting considerations-medical versus constitutional-are in-
67. LiNDMAN & MCINTYRE 28 (1961).
68. Slovenko & Super, Commitment Procedure in Loutsiana, 35
TUL. I
REv. 705, 714 (1961).
69. Cohen, The Function of the Attorney and the Commitment
of the
Mentally Il, 44 TEXAs L. REv. 424, 455 (1966).
70. "When the Constitution requires a hearing, It requires a fair
one,
one before a tribunal which meets at least currently prevailing
standards
of impartiality." Wong Yang Sung v. McGraft, 339 U.S. 33, 50
(1950).
19701
LOUISIANA LAW REVIEW
volved, the decision becomes difficult. It is submitted that the
patient should have all possible legal safeguards and that these
should yield, and then but temporarily, only in cases of obvious
medical necessity.
The Right to Counsel
Louisiana makes no explicit provision for the appointment of
counsel in commitment proceedings. R.S. 28:171 provides, how-
ever, that every patient has the right to communicate in private
29. with counsel."' It is also provided that the parish of domicile
shall pay the costs of attorney's fees if the patient is not able
to do so. 72 Thus, it appears that an indigent patient has the
right
to have his attorney's fees paid by the parish; he must first,
however, secure counsel. It is doubtful whether these statutory
provisions meet current federal constitutional standards. It can-
not be overemphasized that commitment to a mental hospital is
in many senses a very real deprivation of liberty. Where such
could result from criminal prosecutions, the United States Su-
preme Court has required that the defendant be given the bene-
fit of counsel, unless knowingly and intelligently waived.78 The
Court has also announced, in In re Gault,74 that they are not
im-
pressed by labels, 75 and that where a loss of liberty may result
from a juvenile proceeding, counsel must be furnished-whether
the proceeding be denominated civil or criminal.76 The Court's
decision would seem to apply equally to involuntary
hospitaliza-
tion proceedings. Such reasoning has been accepted by the
United
States Court of Appeals for the Tenth Circuit. In Heryford v.
Parker,77 they held that counsel must be provided to the would-
be
patient at involuntary commitment proceedings, "unless effec-
tively waived by one authorized to act in his behalf."7 As yet,
no other courts have followed or refused to follow the decision.
Counsel at commitment proceedings could perform several
functions. An attorney could question the examining doctors
and
attempt to elicit answers in terms comprehensible to one not
71. LA. R.S. 28:171(1) (1950).
72. Id. 28:141.
73. See, e.g., Miranda v. Arizona, 384 U.S. 436 (1966); Gideon
30. v. Wain-
wright, 372 U.S. 335 (1963).
74. 387 U.S. 1 (1967).
75. Cf. also Specht v. Patterson, 386 U.S. 605 (1967); Kent v.
United
States, 383 U.S. 541 (1966); Baxstrom v. Herold, 383 U.S. 107
(1966).
76. In re Gault, 387 U.S. 1, 41 (1967).
77. 396 F.2d 393 (10th Cir. 1968).
78. Id. at 396.
[VOL. 31
COMMENTS
medically trained. 9 He could also question those seeking the
commitment to assure that the would-be patient's interests,
and not malice, are the stimuli for the proceedings. What type
of treatment and the practical value of any treatment might also
be explored to a limited extent.8 0 In addition, counsel could
help
to protect any financial interests of the patient which might
suffer as a result of commitment.8 ' Especially beneficial might
be the psychological aid which a lawyer would supply; the per-
son whose commitment is sought would have someone he could
feel is on his side, and might be given renewed vigor to contest
a possibly unjustified commitment attempt.
Conclusion
It is submitted that Louisiana's commitment procedures are
in large part constitutionally deficient. Provision should be
31. made
for prior notice and hearing and for the appointment of counsel
where the individual is unable to obtain his own. Where the
person is thought dangerous-a finding not to be made lightly
or routinely-the constitution may allow emergency confine-
ment if steps are instituted to safeguard the patient's rights. In
this regard, notification of the emergency confinement should
be made to counsel appointed to represent the patient at a hear-
ing to follow very soon afterwards. The state might also con-
sider establishing a Mental Health Review Service8 2 which
would
79. Ross, Commitment of the Mentally Il: Problems of Law and
Policy,
57 MICH. L. REV. 945, 963 (1959).
80. Note, 40 TEMP. L.Q. 381, 387-89 (1967). See generafly,
Cohen, The
Function of the Attorney and the Commitment of the Mentally
Ii, 44 TsxAs
L. REv. 424, 455 (1966).
81. In interdiction proceedings, by which one is relieved of
control over
his property, an attorney must be appointed by the court to
respresent the
would-be interdict. LA. CIV. CODE art. 391. One may suffer
financial losses as
the result of commitment without Interdiction, however, and an
attorney
would serve a useful function here. In any event, it is
interesting to observe
the curious policy of our law which apparently gives greater
protection to
one's property than to his freedom.
32. 82. Such an agency was proposed for New York, in part as a
substitute
for pre-commitment notice and hearing. See SPECIAL
COMMIT'rE OF THE Asso-
CIATION OF THE BAR OF THE CITY OF NEW YORK,
MENTAL ILLNESS AND DuB
PROcESS 20 (1962). Although it is the position of this writer
that pre-
commitment notice and hearing are required, except in
emergency cases, a
review service which would function as the patient's advocate
still appears
highly desirable. There is always a need during the patient's
entire stay for
objective and periodic examination of a patient's status and
right to release.
Id. at 19.
1970]
164 LOUISIANA LAW REVIEW [VoL. 31
be independent of the department of hospitals and would serve
as an "ombudsman" for patients. Establishment of such a body
would be a substantial step in the direction of insuring that
continued confinement is necessary and that the original aims
stated at its commencement are being fulfilled.
Larry C. Becnei
Louisiana Law ReviewCivil Commitment Procedure in
LouisianaLarry C. BecnelRepository CitationCivil Commitment
Procedure in Louisiana
33. STATE STATUTES COMPARISON
Louisiana Laws Pertaining To Insanity Defense
The state to research is LOUISIANA
Describe the different laws that pertain to the insanity defense.
Differentiate between the terms of competency to stand trial,
insanity, and diminished capacity in each state's statutes.
Describe civil commitment. What is necessary to be civilly
committed in LOUISIANA?
Include a minimum of three sources. Format any citations in
your presentation consistent with APA guidelines. Submit your
assignment.
Laws That Pertain To The Insanity Defense
The M’Naghten rule: (1843)
Respondents need to note that because of their mental disorder,
yet all did not understand this was wrong. this does not shield
offenders who can't manage themselves because of psychic
insanity. (Hart, 1918)
The Irresistible Impulse Rule (Parsons v State, 1887)
Defendants can be excused if they can demonstrate that the
offense was done because of an unbalanced pressure that
dominated their mind.
Laws That Pertain To The Insanity Defense
The Durham Rule:
Offenders need to show that the offence was “the result of
psychic illness or mental injury” of any kind. This law is very
vague. It is Durham vs. the US. 1954. (Hart, 1918)
34. Other Rules:
“guilty but mentally ill” indicates the offender was not
legitimately sick although he or she was mentally sick
meanwhile performing the offence (Hart, 1918). It indicates the
defendant’s support of disease has happened brief, nevertheless
the board knows that the defense has mental dilemmas. The
respondent will get a conventional jail penalty however may
help it in a mental hospital.
Differentiate Between The Terms Of Competency To Stand
Trial, Insanity, And Diminished Capacity In Each State's
Statutes.
Competency to Stand Trail
Current Louisiana Law Assumes that a respondent is
psychologically able to stand trial,' Louisiana places the onus
upon the respondent to show, by a power of the proof, his
insanity by the period of the crime. The law is obvious that
insanity does a positive excuse; this need to be specifically
asked and the offender need to provide notification to the state
of his plan to apply proof of insanity in the trial.
Diminished Capacity
In Diminished capacity order, the present Louisiana plan
envisions a "complete or nothing", program. The respondent
needs both presents "not guilty because of insanity" and
endeavor to present proof of mental illness or injury or else
drop the chance to provide proof of his mental state at the
period of the alleged crime. (Harry and Philips, 1983)
Differentiate Between The Terms Of Competency To Stand
Trial, Insanity, And Diminished Capacity In Each State's
Statutes.
Without completely rejecting the insanity system presently in
35. practice, Louisiana can contribute to a few prisoners the
opportunity to decrease the level of suffering or severity of the
crime by allowing a "partial insanity" statement. It can happen
just when the offender especially argues insanity is proof of his
mental state in the course of the alleged offence right. (Harry
and Philips, 1983)
Insanity
Describe civil commitment. What is necessary to be civilly
committed in LOUISIANA?
Now more people are hospitalized in mental hospitals than are
detained for the performance of crime. (Larry, 1970)
Large study and work in both the pharmaceutical and the
constitutional courts have been involved with the difficulties of
people of America mentally confused.
The difficulty of the mentally sick is hampered through the
requirement for statutory security which needs to be given for
each person presumed of reality, and decided to be, mentally
confused, "because man is a civilian first and a mental victim
next.
" The goal of that Commentary is to study the Louisiana
methods which may be utilized to commit oneself to mental
clinics upon their command and judge them into the knowledge
of contemporary national approved criteria and probabilities and
modern methods of mental hospitalization.
Clearly, the article is restricted to the procedural difficulties of
comments and the possibility to be understood, the performance,
and the difficulty of the power to direct.
Resources
Hart, W. (1918). Insanity as a Defense to Crime in
36. Louisiana. Journal Of The American Institute Of Criminal Law
And Criminology, 8(5), 658. doi: 10.2307/1134027
Harry, J. and Philips, Jr. (1983). The Insanity Defense: Should
Louisiana Change the Rules?, Louisiana Law Review, 44(1).
Larry, C. B. (1970). Civil Commitment Procedure in
Louisiana. Louisiana Law Review, 31(1).
STATE STATUTES COMPARISON
Louisiana Laws Pertaining to Insanity Defense
The state to research is LOUISIANA
Describe the different laws that pertain to the insanity defense.
Differentiate between the terms of competency to stand trial,
insanity, and diminished capacity in each state's statutes.
Describe civil commitment. What is necessary to be civilly
committed in LOUISIANA?
Include a minimum of three sources. Format any citations in
your presentation consistent with APA guidelines. Submit your
assignment.
Differentiate between the terms of competency to stand trial,
insanity, and diminished capacity in each state's statutes.
Competency to Stand Trail
Diminished Capacity
37. Insanity
Describe civil commitment. What is necessary to be civilly
committed in LOUISIANA?
At Least THREE resources
STATE STATUTES COMPARISON
Louisiana Laws Pertaining to Insanity Defense
The state to research is LOUISIANA
Describe the different laws that pertain to the insanity defense.
38. Differentiate between the terms of competency to stand trial,
insanity, and diminished capacity in each state's statutes.
Describe civil commitment. What is necessary to be civilly
committed in LOUISIANA?
Include a minimum of three sources. Format any citations in
your presentation consistent with APA guidelines. Submit your
assignment.
Differentiate between the terms of competency to stand trial,
insanity, and diminished capacity in each state's statutes.
Competency to Stand Trail
Diminished Capacity
Insanity
Describe civil commitment. What is necessary to be civilly
committed in LOUISIANA?
At Least THREE resources